1. Scope of Agreement
Access to the website can be done through the domains names www.businesscaseinstitute.org, www.businesscaseinstitute.com. All content distributed through the domain www.businesscaseinstitute.work is also protected under this Terms & conditions.
BCI reserves the right to modify the terms of this Agreement at any time, and will post a notice of such changes. The changes become effective immediately upon posting (the "Effective Date"). If any change to the Agreement is not acceptable to you, you must stop using the Services. Your use of the Services after the Effective Date shall constitute your acceptance of such changes. If we make any new products or services available, they will be considered a part of the Services and your use of them will be governed by the terms and conditions of this Agreement unless we notify you that different terms and conditions apply. You must also comply with any additional terms which apply to third-party content, material, information, software or other services.
- The term "Private Content" refers to content posted on the reserved area of the website, supposed to be available for members only.
- The term "Community Services" refers to discussion groups, chat rooms, message boards, blogs, virtual communities, wikis and other collaborative websites, and other interactive functionality or other Community Services made available by BCI available via the Website.
- The term "BCI Intellectual Property" refers to, all text, graphics, images, trademarks, logos, button icons, programs, software and other data, content, information and materials, tangible and intangible, and all intellectual property rights in and to the same which are owned by BCI or licensed to BCI by third parties. This includes but is not limited to BCI Content and BCI Trademarks.
- The term "BCI Trademark(s)" refers to all trademarks and service marks owned by BCI.
- The term "BCI" refers to BUSINESS CASE INSTITUTE®
- The term "BCI Content" refers to copyrighted content owned by BCI or other copyrighted content owned by third-party partners of BCI.
- The term "Services" refers to all information, content, products, materials and services made available to you by BCI and/or affiliated third parties via the Website
- The term "Website" refers to the website on www.businesscaseinstitute.org, which is owned and operated by Business Case Institute®
- The term "User Content" refers to all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials posted on or shared with the Community Services sections of the Website by Users.
- The terms ''you'', "your" and/or ''user'' refer to any individuals and/or entities accessing the Website for any reason.
3. Owenership of BCI Intellectual Property
- Ownership and Use. BCI Intellectual Property, which excludes the User Content you upload, post or otherwise transmit via Community Services (the "BCI Intellectual Property"), is owned by BCI or licensed to us by our third party partners. BCI Intellectual Property does include, however, any content developed and/or posted via the Community Services that has been created in whole or in part by BCI. You have no rights in or to such BCI Intellectual Property and you agree you will not copy, retransmit, reproduce, publish, create derivative works based upon or otherwise transmit any BCI Intellectual Property, except as specifically permitted under this Agreement.
- BCI Content. As a courtesy to our visitors and members, we have posted to the Website certain BCI Content. Unless otherwise specifically set forth on the Website or we give you written permission, you may only access and download the BCI Content for your personal use, and you agree you will not alter, erase or otherwise obscure our copyright, proprietary or other notices on the BCI Content. You may not do or allow anyone else to do anything with the BCI Content which is not specifically permitted under this Agreement. You acknowledge and agree that the BCI Content is made available for informational and educational purposes only without representation or warranty of any kind and is not a substitute for legal advice or your professional judgment. Your reliance upon BCI Content obtained by you on or through the Services is solely at your own risk. All rights not expressly granted in this Agreement are reserved to BCI.
- Permission to Use BCI Content. You may request permission to reproduce all or a portion of BCI Content owned by BCI upon contact to email@example.com. We reserve the sole discretion to determine whether, and upon what terms, BCI Content will be licensed. Depending on the nature and scope of intended use licensing fees may apply.
- Trademarks: The BCI Trademarks ("Marks") appearing on this Website may not be used in any advertising or publicity, or otherwise to indicate BCI's sponsorship of or affiliation with any product or service, without BCI's prior express written permission. You are prohibited from using BCI Marks or any names, marks, or other materials in a manner that is likely to cause confusion or dilute or damage the reputation or image of BCI. You agree you will not alter any BCI Mark in any manner to make it appear that BCI is endorsing, sponsoring, authorizing or affiliated with you, your company, or any third party, except as expressly permitted in writing by BCI. Additionally, you agree to be bound by and to follow the terms of BCI's Trademark Usage Guidelines (accessible via a link on the website), the entire contents of which you can consult in the Website.
- Links to Third Party Sites. As a courtesy to Users, we may provide links to other websites or resources owned and operated by third parties. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, services or other materials on or otherwise made available via such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services made available on or through any such Website or resource.
- Linking to BCI. You may obtain permission to link to the Website upon request to firstname.lastname@example.org.
5. COMMUNITY SERVICES
- In connection with your use of the Services, you may have access to and use of discussion groups, chat rooms, message boards, blogs, virtual communities, wikis and other collaborative websites, and other interactive functionality ("Community Services"). If you participate in or use any Community Services, you are responsible for User Content you upload, post, link to or otherwise transmit (collectively "transmit") and the consequences thereof. If you choose to transmit any User Content using such Community Services, you agree that you own or have a license to post the User Content to the Website and do so solely for lawful purposes and in compliance with all applicable laws. You expressly agree that we have no responsibility for or control over the User Content you may transmit using these Community Services. Additionally, we do not represent, warrant or guarantee the truthfulness, accuracy, quality, or reliability of any of the User Content posted, displayed, linked to or otherwise transmitted via any Community Services. We also do not endorse any opinions expressed in or through any Community Services. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content.
Although we do not actively monitor, regulate or pre-screen your use of the Services, we reserve the unconditional right (but not the obligation) to remove, move or edit any User Content we consider in our sole discretion to be harmful, offensive, disruptive, in violation of law, regulation or any agreement, including, without limitation, which is or may be in violation of this Agreement. We have no liability or responsibility to you or any other person or entity for performance or non-performance of such monitoring activities.
Additionally, you agree to:
- not post, email, upload, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- not impersonate any person or entity;
- not post, email, upload, transmit or otherwise make available any content that harms minors in any way;
- not forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Website;
- not post, email, upload, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- not post, email, upload, transmit or otherwise make available any content that infringes the intellectual property rights of any party;
- not post, email, upload, transmit or otherwise make available any content comprising any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of commercial solicitation;
- not post, email, upload, transmit or otherwise make available any content comprising any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- not disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Website are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real-time exchanges;
- not interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
- not intentionally or unintentionally violate any applicable local, state, national or international law;
- not "stalk" or otherwise harass any person;
- not collect or store personal data about other users;
- not advertise or solicit anyone to buy or sell products or to make donations of any kind absent prior written approval from BCI, as set forth in more detail in Section 6 below.
- not to make negative or disparaging references to BCI, its services or its members or otherwise compare BCI, its services or its members unfavourably to others
- License to BCI. You hereby grant to BCI a non-exclusive, worldwide, royalty-free, irrevocable perpetual license (with right to sublicense) to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any User Content you submit via the Community Services by all means and in any media now known or hereafter developed, solely for the purposes for which such User Content was submitted. BCI will not use this User Content for any purpose other than the purpose(s) for which it was submitted unless you agree to such use. You retain ownership of User Content you submit and BCI does not obtain ownership in or to such User Content (or in the case of third-party owned User Content submitted by you with the owner's permission, the third party retains ownership).
- Use of Content Posted by Other Users. Copyright in the User Content posted, with the exception of Collaborative Content, shall remain with the User or third party who has posted or consented to posting the User Content on the Website. You have no rights in or to such User Content posted by other Users and you agree you will not copy, reproduce, publish, create derivative works based upon or otherwise retransmit any User Content without the express written permission of the owner of such User Content.
- Collaborative Content posted by Users for the purposes of collaboration may be modified, reproduced, distributed, transmitted or otherwise used by other Users and is not subject to the limitations on User Content listed in the paragraph above. Such Collaborative Content shall be considered in the public domain and freely available to be used, distributed or modified by the other Users of the Website. For the purposes of distinguishing User Content from Collaborative Content, any Collaborative Content shall be clearly marked as such and/or shall be submitted via areas of the Website facilitating User collaboration.
6. Copyright, compliance and complaints
- BCI respects the intellectual property rights of others. BCI may, under appropriate circumstances and at its discretion, disable and/or terminate access to or use of the Service for those users who may be infringing the intellectual property rights of others. You agree to abide by the terms of international legislation on intellectual property, that include but is not limited to the “Digital Millennium Copyright Act” (DMCA, United States of America - 1998), the “Electronic Commerce Directive 2000” (ECD2000, European Union - 2000), the “Directive on Copyright in the Digital Single Market” (DCDSM, European Union – 2019), the “WIPO Copyright Treaty” (WCT, World Intellectual Property Organization Copyright Treaty – 1996) and refrain from the following:
- Circumventing BCI's access control measures to copyrighted works;
- Posting or otherwise offering circumvention technology through BCI's website or web services;
- Posting links or references to an online location that contains circumvention technology; or
- Engaging in other activities in violation of the DMCA, the ECD2000, the DCDSM or the WCT. BCI has the right to terminate the membership of any User found in violation of this legislations or other provision of the copyright laws.
- In compliance with the DMCA, the ECD2000, the DCDSM or the WCT, BCI's policy for removing infringing content and terminating subscribers who are repeat offenders is as follows:
A copyright owner who believes his/her work has been used on the Website in any manner that constitutes copyright infringement must notify BCI's designated agent by written notice. The notice must include the following information:
- The owner's name, address, telephone number, email address, and an electronic or physical signature;
- A description and a copy of the work that is allegedly being infringed, or a website where the work may be found;
- Identification of the location of the infringing material on the Website;
- A statement that the owner has a good faith belief that the use of the copyrighted material was not authorized by the owner or his/her authorized agent; and
- A statement, under penalty of perjury, that the information in the notification is accurate and made by the copyright owner of the material allegedly infringed or authorized to act on the copyright owner's behalf.
Upon receiving the proper notification, BCI will remove, or disable access to, the allegedly infringed material from the Website.
7. Registered user account, password and security
- In consideration of your use of the Website, you represent and warrant that you are of legal age to form a binding contract and are not a person barred from receiving services under any applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted by the relevant portions of the Website (“Registration Data”) and maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or BCI has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BCI has the right to suspend or terminate your access to the Website and refuse any and all current or future use of the Website, or any portion thereof.
- You are solely responsible for maintaining the strict confidentiality of your Username and password and for any charges, damages, liabilities or losses incurred or suffered as a result of your failure to do so. We are not liable for any harm caused by or related to the theft of your username/password, your disclosure of your username/password, or your authorization to allow another person to access and use the Services using your username/password. You agree to immediately notify us if you become aware of any unauthorized use of your username/password or other need to deactivate a username/password due to security concerns.
8. BCI Store Purchases
The user can send their order through the purchase process provided on the website by "Shopping Cart", selecting "Subscribe" from products that offer subscription or "add", “Buy Now”, or similar from products that offer purchase anywhere in the Web site;
To place an order, the User must:
- If you are buying for the first time, you must register on the website providing the necessary Registration Data;
- If you already have a registration on the website, you must “LOG IN” (entering the Email and password chosen by the User when registering).
- Complete the information and choose the options available to you during the Checkout Process (Checkout Options, Account & Billing Details, Shipping Address, Shipping and Payment Methods, Confirm Order).
The confirmation of the order by the User is equivalent to the full and complete acceptance of the prices and description of the products available for sale, as well as the general conditions of sale, which will be the only ones applicable to the contract thus concluded.
BCI will honour orders received online only up to the limit of available stocks, in the absence of availability of the product, BCI undertakes to inform the User as soon as possible.
The delivery of orders can only be made in the terms informed on the website.
Products with subscription do not have delivery and are accessible online. For products with purchase by Download, delivery will be carried out immediately after confirmation of valid payment. For physical products, delivery options will be available.
For physical products, home delivery cannot be made in PO Boxes.
BCI undertakes to deliver the ordered items as soon as possible. The availability periods contained in the product sheets must be considered as merely indicative. The availabilities shown in the product sheets are based on past supply history for those products. Such estimates do not guarantee future supplies. BCI will always endeavour to meet these deadlines and, foreseeing difficulties in comply with delivery deadlines, will inform the User, offering him the option of terminating the contract. By not activating this right, we assume that the User retains interest in the order and consents to delivery beyond the aforementioned period.
To monitor an order in progress, the User must go to the User's area online, where can be sent an electronic message.
In order to estimate the total time until the receipt of an order, the User must consider the date of validation of payment to start counting.
Availability is the period of time in which the product is ready for shipment. When ordering 2 or more products with different availabilities, the highest value must always be considered. Availability can be found in the information sheet for each product.
BCI currently sells subscription products worldwide. In each physical product, the batch of countries where it is available will be identified.
BCI offers the User the following payment methods:
- Bank Transfer;
- ATM (only for Portugal)
- Vivawallet (credit cards)
BCI guarantees maximum confidentiality and security in data transmitted over the internet.
Prices shown are in Euros, with fees and taxes included, taking into account the VAT in force on the date of payment of the order.
If there is a change in the price lists of products for sale on the website, this situation will require an update of the advertised prices. If this situation occurs with any product in an order, if it implies a price increase, the User will be informed immediately, and may choose to receive his order (paying the difference) or to cancel it.
The prices shown in the "CHECKOUT" process always correspond to the most current prices in force, however, they should only be considered valid while they are visible on the website on a refreshed page (cache or unrefreshed pages may show prices that are no longer in force). The displayed price is only guaranteed under these conditions and only after the order is duly registered.
V. Discounts and campaigns
- Instant Discounts are price discounts that are in effect for a period not previously determined, so these promotions should only be considered valid while visible on the website on a refreshed page (cache or unrefreshed pages may show discounts that are no longer in effect). The previewed discount is only guaranteed under these conditions and only after the order is duly registered.
- To guarantee these discounts, this product must be added to the Shopping Cart and checked out with the visible promotion. BCI guarantees the discount if it receives the respective payment within a maximum period of 5 days, counting from the date of completion of the “CONFIRM ORDER”.
- Campaign Discounts are price discounts that have an effective date. These discounts represent a commitment during the advertised period, but always under the condition that the order is finalized by the User, through the “CONFIRM ORDER” and paid, until the end of that period.
- To guarantee these discounts it is necessary that the product is added to the basket and that the “CONFIRM ORDER” is completed with the visible promotion.
- Storing a product in the Shopping Cart does not guarantee its price or discount.
VI. Warranties and returns
Any order contract made on the website can be freely terminated. For this purpose, the User must return the order within a maximum period of 15 days from the date of receipt, contacting our User support service via email email@example.com.
The return process is simple, depending on the origin, so the User must contact BCI in advance.
BCI does not accept any return sent with postage payable or against refund, pledging to reimburse the User within a maximum period of 30 days from receipt of the return.
The returned products must be in conditions of sale, that is, in the same state in which they arrived in the User's hands, without any anomaly.
If the value resulting from the exchange of products in an order is greater than the initial value of the same, the User will have to pay the difference, using for this one of the payment methods available on the Website.
If the value resulting from the exchange of products in an order is less than the initial value of the order, or in the case of a return, BCI will make a bank transfer to an account to be indicated.
Items sent free of charge, in the form of gifts or bonuses, will not be refunded.
The User may submit a complaint by sending a letter to Virtudelegível, Unip. Lda., Rua António José Batista, 43-B. 2910-400 Setúbal, Portugal, or by email, to firstname.lastname@example.org.
The Parties agree that computerized records, kept in BCI's computer systems under reasonable security conditions, provide evidence of communications, orders and payments made between the parties.
IX. Conservation and archive of transactions
The filing of orders and invoices will be carried out on a reliable and durable support to correspond to a faithful and lasting copy.
9. Disclaimer of Warranties
Except as expressly set forth herein, the content on the Website (including but not limited to all BCI intellectual property, text, materials, software, functions, services, and information made available herein or accessed by means hereof) is provided as is, without warranties of any kind, either express or implied, including but not limited to, warranties of merchantability and fitness for a particular purpose. Under no circumstances will BCI be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, transmitted or otherwise made available via the community services. BCI does not warrant or guarantee uninterrupted access to the Website, or any Website linked to the Website. You assume full responsibility and risk of loss resulting from your use of this Website and any information on this Website. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
10. Limitation of Liability and Release
To the maximum extent permitted by applicable law, neither BCI, its licensors, suppliers, partners, affiliates or third-party service providers shall be liable to you or any third party for any direct, indirect, incidental, special, exemplary, punitive or consequential damages, or any other form of damages in any manner arising out of or in connection with this agreement or your use of the site and services, regardless of the form of action or the basis of the claim or whether or not BCI has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and exclusions may not apply to you.
In the event you have any dispute with one or more third parties as a result of your use of the site or the services, or are in any way damaged as a result of any third party in connection therewith, you hereby release and covenant not to sue or otherwise make a claim, demand or file any legal action or institute any legal or regulatory proceedings against us, our affiliates, officers, directors, employees, agents, representatives and suppliers from, for any claims, actions, demands or damages (whether direct, indirect, special, incidental or consequential), of whatever kind or nature, known or unknown, suspected or unsuspected, whether foreseeable or not, disclosed or undisclosed.
You agree to defend, indemnify and hold us harmless against any losses, expenses, costs or damages (including our reasonable attorneys' fees, expert fees' and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to any claim or action based upon (i) your breach of the terms and conditions of this Agreement, (ii) your use of the Services, and/or (iii) the use of the Services by any other person using your IDs. We may, if necessary, participate in the defence of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and upon notice to you, to assume exclusive defence and control of any such claim or action and then your corresponding indemnification obligation will end.
12. Right to terminate and/or to block access
BCI reserves the right to terminate, block or restrict your access to or use of the Website for any breach or violation of any term(s) of this Agreement. In such event, we may terminate this agreement, restrict, suspend or terminate your access to and use of the Services immediately and without notice or liability, with or without cause and it will not limit any other rights or remedies which are available to us. You may terminate this agreement by providing us with written notice of your termination and ceasing to use or access the Services. Termination is your sole right and exclusive remedy if you are not satisfied with the Services. Upon the effective date of any such termination, your right to access and use the Services shall immediately cease.
13. Governing Law, Juridiction, Disputes
This Agreement shall be governed in accordance with the laws in force in Portugal and the European Union.
To settle any and all conflicts arising from any contract entered into under these general conditions of sale, the Lisbon District Court will be competent, expressly waiving any other.
This Agreement is personal to you, and you may not assign this Agreement or the rights and obligations hereunder to any third party without the prior express written approval of BCI.
No waiver by either party of any default shall be deemed as a waiver of prior or subsequent default of the same of other provisions of this Agreement.
If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.
17. Survival of terms
Any provision of this Agreement which by its nature must survive the termination of this Agreement in order to give effect to its meaning shall survive such termination, including but not limited to the ownership, intellectual property rights and licensing provisions set forth in this Agreement.
18. Limitation on actions
You agree that regardless of any applicable law providing for a statute of limitations to the contrary, any claim or cause of action arising out of or related to the use of the Website or Services, or otherwise relating to this Agreement, must be filed within one (1) year after the claim or cause of action arose, or will be forever barred.
The website's native language is English. In case of discrepancies in the information provided through the Website, the English language prevails.
Any error in the translation into other languages, made available through automatic Google translation, involving the sale, collection or shipment under commercial conditions different from those presented in the native language, does not imply any obligation on our part in the sale in question.
Exception made in cases where specific preferential conditions are offered for each country.
20. Entire agreement
This Agreement constitutes the entire understanding of the Parties, and revokes and supersedes all prior agreements between the Parties and is intended as a final expression of their agreement. It shall not be modified or amended except in writing signed by the Parties hereto and specifically referring to this Agreement. This Agreement shall take precedence over any other documents which may conflict with this Agreement, including any terms/conditions posted by Users via the Community Services.
Published: September 12, 2021