Terms and conditions
Acceptance of Terms
BP2M Holding owns and provides various websites (the “Websites”), services, and platforms (such as chiefsondemand.com) that facilitate online matching between CxOs in time sharing and companies, collectively, the “Services”.
BY ACCESSING AND USING THE SERVICES IN WHOLE OR IN PART YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW (THE “TERMS AND CONDITIONS”). IF YOU REPRESENT A COMPANY, YOU AGREE THAT YOU ARE AUTHORIZED TO ACCEPT THESE TERMS AND CONDITIONS ON BEHALF OF YOUR COMPANY, AND BY ACCESSING AND USING THE SERVICES IN WHOLE IN OR IN PART YOU AGREE ON BEHALF OF YOU AND YOUR COMPANY TO BE BOUND BY THESE TERMS AND CONDITIONS.
In these Terms and conditions, we may refer to BP2M Holding platform as “BP2M”, “Chiefsondemand”, “CoD”, “us”, or “we”, and “you” shall refer to you and, where applicable, to your company. Any and all use of the Services is subject to these Terms and conditions. If you do not agree to be subject to these Terms and conditions, do not use the Services. BY CONTINUING TO USE THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
BP2M RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO CHANGE, MODIFY, UPDATE, ADD, OR REMOVE PORTIONS OF THE TERMS AND CONDITIONS AT ANY TIME, WITH OR WITHOUT NOTICE TO YOU. PLEASE CHECK THESE TERMS AND CONDITIONS PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THE SERVICES AFTER THE POSTING OF ANY CHANGES TO THE TERMS AND CONDITIONS WILL SIGNIFY YOUR ACCEPTANCE OF THOSE CHANGES. You can review the most current version of the Terms and conditions at any time at https://chiefsondemand.com/terms
Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms and conditions. Continued use of the Service after any such changes shall constitute your consent to such changes. These Terms and conditions cover your use of the Services, and you agree that these Terms and conditions apply to your use of the Services. “Users” or Accounts shall refer to any and all individuals or organizations using the Services.
Use of the Services is restricted to users at least 18 years of age.
You must register to access and use certain parts of the Services.
One person or legal entity may not maintain more than one free account.
When you enter or try to use a part of the Services that requires registration, you will be prompted to create an account (a “User Account”) or log into your existing User Account. You understand that if you are so prompted you will not be able to continue using that portion of the Services without having a User Account.
If you are registering on behalf of a company, by registering you agree that you have the requisite authority to register on behalf of such company. You agree that any information you provide when registering for the Services, and at any time thereafter is true, accurate and complete and that, where applicable, you will update all such information as necessary to maintain its truth, accuracy and completeness. FAILURE TO DO SO SHALL CONSTITUTE A BREACH OF THESE TERMS AND CONDITIONS. You further agree that any credit card information or PayPal Account Information you provide through the Services is valid and that you have authority to authorize payments from such credit card or PayPal Account. You further agree that you will use the Services only for the purposes advertised on the Chiefs on Demand websites and/or set forth herein.
You are responsible for maintaining the confidentiality of your password, and will be solely liable for all actions taken via your account, whether or not made with your knowledge or authority. Chiefs on Demand cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
Use of the Services
Chiefs on Demand grants to you a non-exclusive license to access and use the Services in accordance with these Terms and conditions. You agree not to use, copy, modify, reformat, rent, lease, lend, frame, create derivative works, publicly display, download, store, reproduce, transmit, provide links to, republish, upload, post, reprocess, make commercial use of, or distribute the Services, in whole or in part.
Pricing and Payment Terms
Subscription Fees: You understand that certain services require monthly and/or annual payments (“Subscription Fee”) to continue to use such services. These fees are posted and updated periodically on the BP2M’s Chiefs on Demand web site (chiefsondemand.com).
Payment: Unless otherwise stated, all fees are in local currency. A valid credit card or a PayPal payment validation is required for Subscription Fees and Transaction Fees. Free accounts are not required to provide a credit card number. An upgrade from the free plan to any paying plan will immediately bill you. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle. Downgrading your plan will NOT cause any data/content loss but some features may become unavailable.
General: You agree to pay all charges that are applicable to you as set forth on the BP2M website and/or in these Terms and conditions. You agree that the address and email address you provide in your account settings are valid addresses and that BP2M may contact you at such addresses or through other electronic or facsimile communications. BP2M reserves the right, at any time and at its discretion, to change any fees and any other pricing terms. Any changes shall be posted on the BP2M website and will be effective after such posting. BP2M reserves the right but has no obligation to notify you through the contact information you provide of any such changes.
Refunds: Any fees paid to Chiefs on Demand ™ by you pursuant to these Terms and conditions are non-refundable. The Services are billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
Non-payment: If, for whatever reason, your payment method fails, and the payment does not go through, Chiefs on Demand reserves the right to suspend your access to the Services. If you fail to pay the applicable charge within five (5) days of the date of suspension, or to otherwise negotiate a payment plan for all amounts then due, Chiefs on Demand reserves the right to cancel your account. In the event Chiefs on Demand cancels your account for non-payment, all amounts due and unpaid from you to Chiefs on Demand for use of the Services shall become immediately due and payable. In the event of non-payment and the exhaustion of the procedures set forth in this section, Chiefs on Demand reserves the right to seek payment using any remedies allowed to it by law. Chiefs on Demand shall have the right to recoup all payments due to it under this agreement as set forth in this agreement.
Disputes: If you wish to dispute any charge invoiced to you by Chiefs on Demand, you agree to submit the disputed charge to us no later than five (5) business days after the disputed charge is posted to your account. You are responsible for reviewing any charges made to your account. You may submit a disputed charge by contacting us through the Chiefs on Demand website, email, telephone, or mail.
Chiefs on Demand reserves the right to contact you from time to time for feedback about the Services. We may also contact you regarding service and support related issues. We reserve the right to contact you through e-mail, facsimiles, text or voice messages, notices posted on the Chiefs on Demand websites. Notices will be deemed effective at the time they are sent by CoD or as of the date they are posted, regardless of whether you actually read any such notices.
You consent that any emails, surveys, other information or feedback regarding the Services or the Websites that you provide to CoD through the Services or via any other medium, except for Personally Identifiable Information, can be used by CoD in any manner, including but not limited to for reviews and ratings on CoD or third party websites.
Content Ownership and Conduct
We claim no ownership over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be viewed publicly, you agree to allow others to view your Content.
You acknowledge that you are responsible for the information and content that you produce, import, store and access to the Services (“Content”), and that you will have full responsibility for the Content, including its legality, reliability, appropriateness, originality and copyright. You further agree that you will not upload, post or otherwise make available on the Services any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right, and the burden of determining that any material is not protected by any such right is on you. YOU SHALL BE SOLELY LIABLE FOR ANY DAMAGE RESULTING FROM ANY INFRINGEMENT OF COPYRIGHTS, TRADEMARKS, PROPRIETARY RIGHTS, OR ANY OTHER HARM RESULTING FROM THE CONTENT.
YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO ANY CONTENT YOU USE FOR THE SERVICES.
Chiefs on Demand™ reserves the right, but not the obligation, to remove any Public Content which violates this agreement. When using the Services, you may be exposed to Public Content from a variety of sources, and CoD is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Public Content, which may be inaccurate, infringing, offensive, indecent, or objectionable. BP2M does not guarantee any confidentiality with respect to any Public Content and will not treat any Public Content as confidential. You understand that you and other users may be able to create, post, submit, or otherwise display Content and other information using the Services.
You may not use the Services to do any of the following:
create, upload, post, transmit, or otherwise make available any items that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise discriminatory;
harass another person or entity;
target any marketing efforts to minors;
engage in or facilitate any infringement or misappropriation of, or create, upload, post, cause a display or performance of, transmit or otherwise make available any content that infringes, any patent, trademark, trade secret, copyright or other proprietary or intellectual property rights of any party;
create, upload, post, transmit or otherwise make available any content that you do not have a right to make available under law or contractual or fiduciary relationships;
upload or transmit spam or unsolicited messages using the send, share, or other transmission capabilities of the Websites;
cause or facilitate a display or performance of, or otherwise make publicly available any copyrighted materials for which you do not possess appropriate rights to so display, perform or otherwise make available;
perform any activities that violate, intentionally or unintentionally, any applicable state, local, federal, or international laws or regulations promulgated by governmental agencies that have the force of law;
provide resources to or otherwise support any organization(s) designated by the European Union as a terrorist organization;
impersonate any person or entity or misrepresent in any way your affiliation with a person or entity;
disguise the origin of any content transmitted through any of the Websites;
create, upload, post, cause a display or performance of, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to destroy, interrupt or otherwise limit the functionality of any computer software, computer hardware or other equipment;
upload, post, engage in or facilitate any activities that change the visual character, general or specific, of the Websites;
employ automated systems (including crawlers, spiders, robots, etc) that send more requests to BP2M’s servers than possible to do by a human using a conventional web-browser in the same amount of time. However, BP2M allows the operators of public search engines to use spiders to copy materials from the Websites for sole purpose of creating public accessibility, but does not grant these operators permission to store, cache, or archive such materials for any other purpose; or
interfere with or disrupt the Websites or servers or networks connected thereto, or disobey any applicable policies or regulations of networks connected to the Websites.
The look and feel of the Service is copyright ©2016 Chiefs on Demand.
BP2M retains all rights in and to, including without limitation, the copyrights, patents, and trade secrets, trademarks or service marks contained in or relating to the Services (collectively the “BP2M Intellectual Property”) that are the exclusive property of BP2M and/or its licensors. We do not transfer any rights in or to the BP2M Intellectual Property to you.
Content of the Services that incorporates or includes any of the BP2M Intellectual Property may not be used, copied, reproduced, distributed, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of BP2M or the rightful owner, as applicable.
Confidential Information is any oral, written, graphic or machine-readable information disclosed by Chiefs on Demand that is designated in writing to be confidential or proprietary or is otherwise reasonably understood to be confidential.
Confidential Information shall include, but not be limited to, any and all data regarding the performance of any functionality of the Services. You agree to not disclose or use any Confidential Information without the prior written consent of BP2M, and to maintain the confidentiality of the Confidential Information.
Upon termination of your use of the Services for any reason, all of your rights to access and use any and all parts of the Services shall immediately terminate.
Changes to the Services
Chiefs on Demand has the right to change or modify, upgrade, add to, or discontinue the Services or any portion or feature thereof at any time without notice. BP2M also reserves the right to assign any rights, licenses, or obligations arising out of or relating to these Terms and conditions or to the Services without restriction.
Your only remedy for any dispute with Chiefs on Demand is to stop using the Services.
These Terms and conditions shall be governed by and construed in accordance with the laws of Switzerland, without regard to its conflicts of laws principles. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms and conditions and your use of the Services resides in the courts of Nyon, canton of Vaud, Switzerland and you agree also to submit to the personal jurisdiction of these courts for the purposes of litigating any such claim or action.
Entire Agreement / Translation / Interpretation
These Terms and conditions, other Chiefs on Demand legal policies as posted on the Websites, and any operating rules for the Services established by CoD constitute the entire agreement between CoD and you regarding your use of the Services. If any provision of these Terms and conditions should be held illegal or unenforceable by a court with jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from these Terms and conditions if no such modification is possible, and the other provisions of these Terms and conditions shall remain in full force and effect. The section headings used are for convenience only and shall not be given any legal significance.
A lack of enforcement will not result in waiver of any term. Also, no waiver by either party of any breach or default shall be deemed to be a waiver of any preceding or subsequent default.
The Services are provided “AS IS”, “WITH ALL FAULTS”, and “AS AVAILABLE”. YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. Chiefs on Demand does not GUARANTEE that users will be able to access the Services at all times or places, that Chiefs on Demand will have adequate capacity for all users, OR THAT THE SERVICES WILL BE OPERABLE with your equipment. TO THE FULLEST EXTENT PERMITTED BY LAW, BP2M, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, including implied warranties of merchantability, suitability, quality, accuracy, fitness for particular purposes and non-infringement. BP2M MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OF ANY WEB SITES LINKED TO THE SERVICES. BP2M DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES PROVIDED, ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY LINKED WEB SITE OR FEATURED IN ANY ADVERTISING, AND BP2M WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY.
You understand that Chiefs on Demand uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services.
Limitation of Liability
IN NO EVENT SHALL BP2M, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY
ERRORS, MISTAKES, OR INACCURACIES OF SERVICES CONTENT,
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE SERVICES,
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN,
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES OR INTEROPERABILITY PROBLEMS,
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY,
ANY ERRORS OR OMISSIONS IN ANY CONTENT,
USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY,
YOUR USE, OR INABILITY TO USE, ANY PORTION OF THE SERVICES OR FOR ANY LOSS OR DAMAGE OF ANY KIND (INCLUDING YOUR DATA) INCURRED AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Questions about the Terms and conditions should be sent to email@example.com