Last modified: August 5th, 2018
This documents sets out the Terms and Conditions (‘Terms’’) on which The BD School owned by LP Develops (Company number NL61391560401) at Bergweg 69A, 3037EC, Rotterdam provides Subscribers with access to c
Please read these Terms carefully before using the Site and The BD School services. You warrant and represent that you are authorized to enter into these Terms on behalf of the Subscriber company or organization.
If you do not agree to these Terms, then you may not access or use the Site or the services available through the Site / the Mobile App (the ‘Service’).
The BD School (to be named “The BD School”) is offering the Service solely for use by the signing entity, and affiliated companies, to these Terms of Agreement, and in whose name an account is registered through the Site (the “Subscriber” or “you”) and not for the use or benefit of any third party. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to these Terms.
Access to the Service
The BD School will make reasonable efforts to ensure that the Service is available twenty-four hours a day, seven days a week. However, there will be circumstances when the Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment. Every reasonable step will be taken by The BD School to minimize such disruption where it is within The BD School’s reasonable control. The BD School retains the right to create limits on use and storage with respect to the Service in its sole discretion at any time with or without notice. Subscriber certifies to The BD School that if Subscriber is an individual (i.e., not an entity) Subscriber is at least 18 years of age. Subscriber also certifies that it is legally permitted to use the Service, and takes full responsibility for the selection and use of the Service. The BD School makes available content through its Service and Site (“Content”). The BD School makes no claim that the Service may be lawfully used or that Content may be uploaded or downloaded to and from the Service outside of the Netherlands. Access to Content may not be legal by certain persons or in certain countries. If you use the Service from outside the Netherlands, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction. Subscriber shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to and use the Service, including, without limitation, modems, hardware, software, and long distance or local telephone service. Subscriber shall be responsible for ensuring that such equipment or ancillary services are compatible with the Service.
General Terms
When signing up for the Service, you must provide your full legal name, full company name, a valid e-mail address, and any other information requested in order to complete the signup process. When signing up for a paid account, or upgrading a free account to a paid account, you must provide your legal full name, full company name (if applicable), a valid e-mail address, your correct billing information, and any other information requested in order to complete the signup or upgrade process. Accounts registered or automated login attempts by “bots” or other automated methods are not permitted. Your login may only be used by your organization, a single login may not be shared by multiple people within your organization. You are responsible for maintaining the security of your account and password. The BD School cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. Subscriber agrees to notify The BD School immediately of any actual or suspected loss, theft, or unauthorized use of Subscriber’s account or password. You are responsible for any and all Subscriber Content (as defined hereafter) posted and activity that occurs through or under your account. Any fraudulent, abusive or unauthorized use of the Service may be reason for termination of Subscriber’s right to use the Service or to access the Site. Subscriber may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password and account information from any other user. If you are using a free account you are not permitted to block ads. One person or legal entity may not maintain more than one free account. You may not use the Service for any illegal or unauthorized purpose. You may not, in the use of the Service, violate any laws of your jurisdiction (including but not limited to copyright laws). You may not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, The BD School, or any other The BD School service. You may not resell the Service to any third party as a private label or with the inclusion of a mark-up fee without the expressed written consent of The BD School.
Warranty Disclaimer
Subscriber hereby warrants that (a) the Subscriber has the right and capacity to enter into and be bound by these Terms; and (b) the Subscriber shall comply with all applicable laws and regulations regarding the Subscriber’s use of the Service and the Site; and (c) and the Subscriber agrees to abide by these Terms of The BD School relating to the Service and the Site as provided by The BD School. You agree to use the Service and the Site at your own risk. The BD School uses other third party service providers (such as network provider, data centers, telecommunication providers) to make the Service and the Site available to the Subscriber. The BD School warrants and will take all reasonable steps to provide the Subscriber with a good level of service, however The BD School does not warrant that such service shall be free of errors or interruptions at all times. Except as expressly set out herein, to the maximum extent permitted by law, The BD School does not warrant that the Site Content (defined hereafter) is accurate, complete, fit for a particular purpose, and any warranties arising by regulations or otherwise in law are hereby excluded and disclaimed. The BD School may display or provide links or other interaction with third party websites and third party advertising banners on the Site (“Third Party Websites”). In particular, the Services may also provide the Subscriber with the opportunity to connect and publish Subscriber’s Information through Third Party Websites and other third party services such as social and business networking sites. Use of any such Third Party Websites and third party services shall be at the risk of the Subscriber and subject to the terms and conditions of the Third Party Website provider. The BD School cannot be held liable or responsible for Third Party Websites and third party services including, but not limited to, their quality, contents, terms of use and availability.
Limitation of Liability
You expressly understand and agree that The BD School shall not be liable for damages resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) statements or conduct of any third party on the Service. The BD School shall not be liable for any amounts that exceed the fees paid by you to The BD School under this Agreement during the six (6) month period prior to the occurrence giving rise to your claim or cause of action against The BD School. The limitations as set out in this article apply to: (i) indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to, damages for loss of profits, goodwill, or other intangible losses (even if The BD School has been advised of the possibility of such damages); (ii) all causes of action or claims in the aggregate, including, without limitation, breach of contract, breach of warranty, indemnity, negligence, gross negligence, willful misconduct, strict liability, misrepresentations, and other torts. The limitations specified in this article will survive termination or expiration of these Terms and apply even if any limited remedy specified in these Terms are found to have failed of its essential purpose. Any limitations agreed upon under this article will also apply to the liability of The BD School’s directors, officers, employees, agents and members.
Indemnification
You agree to indemnify and hold harmless The BD School, its contractors, and licensors, and their respective directors, officers, employees, members, shareholders and agents from and against any and all claims, liabilities, losses, actions, causes of action, demands, costs and expenses, including but not limited to attorneys’ fees, arising out of your use of the Service, for infringement of any intellectual property of Subscriber’s Content in connection with the use of the Service thereof. The terms specified in this Section will survive termination or expiration of these Terms. The BD School agrees to indemnify and hold you harmless, your contractors, and licensors, and your respective directors, officers, employees, members, shareholders and agents from and against any and all claims of third parties that the Services infringe intellectual property rights valid in the Netherlands and other member states of the European Union, as well as the United States of America. The terms specified in this Section will survive termination or expiration of these Terms.
Modification of Service
The BD School reserves the right to make changes to the Service at any time and for whatever reason for the purpose of improving the Service. If this change may have consequences for the use, this change will be announced. Changes regarding privacy will be announced to users beforehand through our privacy policy.
Third Party Vendors
You understand that The BD School uses third party vendors (hereinafter referred to as the “Vendors”) and hosting partners to provide the necessary hardware, software, networking, storage, telemarketing support, and related technology required to run the Service. The BD School does not warrant that the results of the presentation or information will be correct, including prices and ratings, on any screen that results in a transaction of any kind, provided by a third party vendor found by using the Service. The BD School provides no warranty or guarantee that you will receive the same results as shown in the aggregated data presented on job boards or any other rating system found in the Service provided by a third party.
Payments, refunds, upgrading and downgrading Use of the Service is free
Termination
You can terminate your account and the Service immediately by emailing your request to hello@thebdschool.com. You have the right to download or request your Subscriber Content within thirty days after termination. Thereafter, all of your Subscriber Content will be deleted from the Service. If you terminate your Service before the end of your current pre-paid period (month, quarter, half-year, full-year), your termination will take effect immediately and you will not be charged again, nor will you receive a refund for the unused portion of the payment period. Year contracts have to be cancelled at least one month in advance of the renewal date, or will be renewed for a similar contract date automatically. The BD School, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service only in case of a breach of these Terms. Such termination of the Service will result in the deactivation or deletion of your Account and your access to your Account, and the forfeiture and relinquishment of all Content in your Account. The BD School may at any time, without prior notice, terminate the Service if The BD School is prohibited from providing the Service to Customer by a) the laws and regulations applicable to The BD School or b) any of The BD School’s business partners or service providers due to governmental economic sanctions against any country or state.
Copyright and Content Ownership
The Site and its Content are intended solely for the use of The BD School’s Subscribers and may only be used in accordance with these Terms. All materials on the Site, including, but not limited to text, data, information, graphics, logos, tools, photographs, images, illustrations, audio, video and animations (“Site Content”) are the property of The BD School and/or third parties and are protected by Dutch and international copyright laws. All trademarks, service marks, and trade names are proprietary to The BD School and/or third parties. Subscriber shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Service. All rights of intellectual property of Subscriber to data, information, Subscriber Content including but not limited to information from job candidates by using online forms, which contain additional information such as resumes, motivation letters, answers to questions and additional personal information / work history, and all information in connection with the use of the Service by Subscriber, trademarks and trade names are and will remain the property of Subscriber. The Site is protected by copyright pursuant to European copyright laws, international conventions, and other copyright laws. The word ‘The BD School’ is Trademark protected. Except as explicitly permitted in the next paragraph of these Terms, Subscriber may not copy, modify, publish, transmit, upload, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, or in any way exploit any of the Site Content, software, materials relating to the Service in whole or in part. Subscriber may download or copy the Site Content for his, her or its normal business activities and not for any other person or entity, and provided that Subscriber maintains all copyright and other notices contained in such Site Content. Subscriber may not make multiple copies of the Site Content or otherwise distribute or transmit such Site Content to any other person or entity. Subscriber acknowledges and agrees that if Subscriber uses any part of the Service to process Subscriber Content, The BD School will have a non-exclusive, worldwide, royalty-free right to copy, publish, display, translate and store the Subscriber Content solely for the normal business use of the Service (eg daily operations to keep Service running). Subscriber represents, warrants and agrees that it will not use the Service to process any Subscriber Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of a third party, (b) is libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (c) contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or (d) remains posted after Subscriber has been notified that such Subscriber Content violates any of sections (a) to (c) of this sentence – so far as it is not beyond its control. The BD School reserves the right to remove any Subscriber Content from the Site, suspend or terminate Subscriber’s right to use the Service in case of a breach of these Terms or pursue any other remedy or relief available to The BD School and/or the Site under equity or law, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Subscriber Content or if The BD School is concerned that Subscriber may have breached the immediately preceding sentence). All resume documents uploaded to your account by you, another user within your account, or an applicant, can be retrieved by you through the provided user interface. The BD School will never re-sell this Subscriber Content, or use for any other commercial purpose. The Site, including but not limited to the look and feel of the Service, is copyright © 2018 The BD School. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from The BD School. In cases in which such permission is given, all copyright and “powered by” notices, images and texts (“notices”) in rendered pages and outgoing emails must be present. The location of the notice on the page may be altered so long as the notice remains clearly visible.
Promotions and Marketing
The BD School offers Subscriber a public website as part of the Service (Careers Site). This Careers Site is intended, among other things, to provide you with a publicly available list of jobs, and therefore your usage of your Careers Site is not intended to be private. Unless expressly prohibited in writing or electronically by you, The BD School can use your company name and mention your usage of this Service in press releases, interviews, promotional materials, sales sheets, presentations, websites and other self-promotional channels. You also agree that a “powered by The BD School” graphic or text link can be included with your job listings or e-mails unless you choose to disable or hide this fact. Any promotions or discounts are valid for services to which the promotion or discount was originally applied; subsequent upgrades or add‐on services are not guaranteed any promotions or discounts.
Privacy Policy
Please review our Privacy Policy, which governs the use of personal data on the Site and in connection with the Service, and to which Subscriber agrees to be bound as a condition of these Terms and use of the Site.
Electronic delivery policy
You agree that The BD School may provide to you required notices, pushes, agreements and other information concerning the Service electronically. By using the Service you also agree that The BD School is not responsible for failed electronic delivery of email messages to the address you provide.
Resolution of Disputes
Any disputes arising out of the use of the Service shall be governed by the laws of the Netherlands, without regard to any conflict of laws principles, and any proceedings shall solely be settled in the competent court of Amsterdam, the Netherlands.
Miscellaneous
These Terms (including the Privacy Policy), as modified in The BD School’s sole discretion from time to time, constitute the entire agreement between you and The BD School with respect to the subject matter hereof and supersedes any and all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof. The BD School will publish new versions of the Terms on its website (https://thebdschool.com/terms). Modifications will enter into effect at the end of any pre-paid period or when upgrading or downgrading. The BD School may indicate that foregoing modifications will enter into effect earlier, in such case Subscriber may terminate the Service immediately and receive a refund of pre-paid fees for the terminated portion of the pre-paid term. In case of separate Service level agreements or data-processing agreements, those agreements will be added to these Terms as addenda. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. The BD School shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond The BD School’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. These Terms will be binding upon, and inure to, the benefit of each party and such party’s heirs, representatives, successors and assigns; provided, however, that these Terms are not assignable or transferable by a Party except with The BD School’s prior written consent by the other Party. No agency, partnership, joint venture, or employment is created as a result of these Terms. Questions about the Terms should be sent to hello@thebdschool.com.