Terms and conditions

Term and conditions for subscriptions to I by IMD

Welcome to IMD -International Institute for Management Development. We are a foundation duly organized and validly existing under the laws of Switzerland with its registered office at chemin de Bellerive 23, 1007 Lausanne, Switzerland (“IMD”).

Our magazine I by IMD a quarterly digital magazine hosted on ibyimd.org.

The IMD Terms and Conditions of subscription to I by IMD (the “Terms”) are set out below and govern the relationship between IMD and you, the subscriber (the “Parties”) in relation to your subscription to our magazine “I by IMD” as per the website (iby.imd.org) (the “Magazine”). Acceptance of these Terms by you is a prerequisite for subscription to a Magazine.

Please note that these Terms apply specifically to the Magazine and not other topics that may be relevant to your relationship with IMD.

These Terms may not be modified, superseded or otherwise replaced, fully or in part, by other terms, conditions, contractual clauses or sets of rules that would be communicated to IMD, unless they are accepted and signed in writing by duly authorized representatives of IMD. In particular, any communication to IMD of such other terms, conditions, contractual clauses or other sets of rules (regardless of the way it is communicated to IMD) shall not be held as a valid modification of these Terms and IMD will not be required to respond to such communication.

1. GENERAL INFORMATION

1.1The completion of any registration or subscription form (on paper or online) does not itself entitle you to be subscribed to the Magazine.

IMD remains, at all stages of the subscription procedure, entirely at liberty to continue or discontinue a subscription. IMD has the sole and entire discretion to abandon a subscription. While not an obligation, IMD shall endeavour to notify the discontinuation or the rejection of a subscription. Such notification does not imply any right to receive the reasons for the discontinuation or rejection of any subscription.

1.2      Content

The Magazine content is non-contractual and may not be used to request any special delivery or performance in the context of any IMD program or other service.

1.3       Subscription Details

It is your responsibility to ensure that all required information is received by IMD. IMD may not be held liable for any problem encountered with the filing of a subscription form, including when done through IMD’s website or any other platform.

When applying through IMD’s website or any other IMD platform, you should receive an automatic confirmation email through the email address you provided. Should you not receive such an email, you should contact IMD immediately by sending an email to: [email protected]

1.4       Subscription payments are made through Saferpay (Saferpay) and all prices are listed and payments made in Swiss Francs.

2. CHANGES TO THE MAGAZINE

Changes to the Magazine, IMD shall at all times have the right to make changes to any of the content of the Magazine, including after your subscription. Such changes may affect any aspect, including general content, design, columnists and editorial.

3. GENERAL CONDUCT

Subscribers are required to act professionally when making comments on the Magazine platform or otherwise engaging with the contents of the Magazine.

Failure to comply with this principle, or in any way deemed relevant to IMD, shall be qualified as unprofessional behaviour and may result in a subscriber being blocked from the comments section of the Magazine platform or cancellation by IMD of a Magazine subscription. No refunds of subscription fees would be payable in such cases.

In particular where comments can be made on articles these comments are regularly reviewed by IMD and moderated accordingly.

IMD does not endorse the opinions and views expressed by the subscribers made in the Magazine`s comments sections or otherwise.

Your subscription to the Magazine is personal to you and you may not share or transfer your rights to access to the Magazine or provide access to the Magazine to any third party.

IMD reserves the right to monitor IP addresses that are used to access the Magazine if you are found to be in contravention of the access rule set out above IMD may terminate your access to the Magazine. In such circumstances no refunds will be given.

4. PROCESSING OF PERSONAL DATA

 In the context of the Magazine, IMD needs to process personal data relating to you. Such processing is done at all stages linked to the Magazine.

All processing activities of personal data by IMD is subject to and framed by IMD’s Privacy Notice. This Privacy Notice is available on IMD’s website (IMD privacy policy).

5. TECHNICAL SUPPORT AND ACCESS

Where IMD has direct control over the system, software or setting involved, if you are unable to access the Magazine that is delivered virtually, IMD will use reasonable endeavours to provide a solution. If the issue lies with your hardware, systems, software, WiFi, network or settings, IMD may, solely at its own discretion, provide assistance to help you to resolve the issue. Please note any failure by you to connect to the Magazine platform shall not give rise to any refund of your subscription.

You accept and acknowledge that periods of downtime may be required in respect of the information technology infrastructure connected to the Magazine and that technical assistance may not be available during such periods of downtime.  Further you accept that you will not have a claim for breach of contract or otherwise in respect of such period of unavailability.

IMD will use reasonable endeavours to make the Magazine platform available but cannot guarantee uninterrupted, timely or error free availability or that defects will be corrected.  IMD reserves the right to suspend access to the Magazine platform for the purpose of scheduled or emergency maintenance, repairs or upgrades to improve the performance or functionality of the related website.

You also accept and acknowledge that IMD cannot be held responsible for any delay or disruptions to your access to the Magazine platform as a result of such suspension or any of the following:

(a) the operation of the internet and the world wide web, including but not limited to viruses;

(b) any firewall restrictions that have been placed on your network or the computer you are using to access the Magazine;

(c) failures of telecommunications links and equipment; or

(d) updated browser issues.

IMD does not make any commitment to you that a virtually delivered Magazine will be compatible with or operate with your software or hardware. 

6. INTELLECTUAL PROPERTY

All copyrights, IP rights and other works that belong to IMD and/or are licensed or belong otherwise to IMD (whether or not protected by IP rights and/or registered) shall remain the property of IMD. Nothing in relation to the Magazine shall be considered as a transfer, license or other type of communication of any copyrights, IP rights or other works that belong to IMD and/or are licensed or belong otherwise to IMD.

As a subscriber to the Magazine any use of copyrights, IP rights and other works covered by the first paragraph of this clause is expressly forbidden.

7. FEES AND CANCELATION

The Magazine is subscribed for on an annual basis, with two subscription fee options, either:

  • Monthly; or
  • Annually

For a monthly payment the first month must be paid before subscription access is granted to the Magazine, i.e. must be confirmed to IMD through Saferpay before the subscription is activated.

For a yearly payment the subscriber may pay for the following 12 months in one lump sum or by 12 equal monthly payments, in either case the payment must be confirmed to IMD through Saferpay before the subscription is activated.

Unless expressly stated otherwise, the fees are exclusive of any value-added or other indirect taxes that may be due in any country.

Any costs or expenses linked to a payment shall be borne exclusively by the subscriber.

A subscriber may cancel their subscription to the Magazine on provision of written notice sent to [email protected], such notice may be sent at any time. If you pay monthly, your subscription will be deemed cancelled from the first day of the following month after we receive your email communication. If you pay annually, your subscription will be deemed cancelled from the first day of the following month after we receive your email communication and you will receive reimbursement on a pro-rate based for your cancelled subscription.

8. GOVERNING LAW

These Terms, as well as any and all matters arising out or in relation to them (including non-contractual disputes or claims and their interpretation) shall be governed by the laws of Switzerland, to the exclusion of the rules on conflicts of laws.

Any claim or dispute regarding the Terms or in relation to them shall (including for non-contractual disputes or claims and their interpretation) be subject to the exclusive jurisdiction of the Courts of Lausanne, Switzerland, subject to an appeal at the Swiss Federal Court.

9. MISCELLANEOUS

IMD complies at all times with Swiss and applicable foreign laws, including anti-money laundering, corruption and sanctions laws and regulations. By accepting these terms and conditions you represent and warrant that the payment of any fees to IMD is not directly or indirectly derived from any enterprise or activities that contravene Swiss or applicable foreign laws, including anti-money laundering, corruption and sanctions laws and regulations. Your also agree and undertake to provide any information or documents deemed necessary by IMD to comply with any of its management risks guidelines, and related responsibilities from time to time.

IMD will never make or offer any payments to or confer or offer any benefit upon any third party, including any person/ firm employed by or on behalf of any government official/ employee, political party, employee of any political party, or political candidate with the intent to influence the conduct such third party in any manner.

If any provision of these Terms is held to be unenforceable for any reason, it shall be replaced rather than voided, if possible, in order to achieve the intent of the Parties to the fullest extent possible. In any event, all other provisions of these Terms shall remain valid and enforceable to the fullest extent possible.

I by IMD Terms and Conditions, Version 1 dated March 8th, 2021

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