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Whirling Chief

Terms of Use

Whirling Chief’s Terms of Use

Terms

These Terms of Use are regulating the conditions of accessing and using our services on the website [www.whirlingchief.com] (“Whirling Chief”) operated by SESIL PIR Consulting GmbH. Before using or accessing to Whirling Chief, please read these Terms of Service (“Terms”) carefully. By accessing this website, you agree to be bound by these Terms. The Terms apply to all visitors, users and other persons using or accessing to Whirling Chief. If you do not agree with any part of the Terms, you may not access Whirling Chief and you are prohibited from using this website.

Information About Us

Whirling Chief is a content aggregator owned by Sesil Pir Consulting GmbH (“We”) that aspires to serve as a comprehensive platform around Human Resources and Organizational Development (HR/ OD) topics globally and supports moving the industry to its next phase.  We are a limited company, registered in Switzerland.  Our registered address is at [Hirslanderstrasse 41, Zurich CH-8032].

Registration Requirement and Access

Every online user shall have free access to Whirling Chief without registration. If you subscribe for Whirling Chief’s newsletter, you agree to receive periodical functionality updates and sporadic information on other highlight topics.

Acceptable Use Policy

By using/visiting Whirling Chief, you confirm that you will only use Whirling Chief for your own personal use and you may use Whirling Chief for lawful purposes.  You may not (as applicable) use Whirling Chief:

  • in any way that breaches any applicable local, national or international law or regulation;
  • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  • for the purpose of harming or attempting to harm minors in any way;
  • to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards below;
  • to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); nor
  • to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

  • to abide by any relevant terms and standards imposed by a third party whose services you access via Whirling Chief (e.g. social media); and
  • not to access without authority, interfere with, damage or disrupt any equipment or network or software owned or used by any third party.

Interactive services

We may provide interactive services on Whirling Chief such as comment functions of blogs, video blogs and quotes.

For our interactive services and in particular for the comment function we use moderation. Comments of visitors are reviewed and accepted before their publication.

We will do our best to assess any possible risks for users from third parties when they use any interactive service provided and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on Whirling Chief.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator in the event that a concern or difficulty arises.

Content Standards

These content standards apply to any and all material that you distribute via Whirling Chief (e.g. to Facebook or Twitter), which you use in relation to any interactive services or which you otherwise upload to our servers.

You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

  • be accurate (where they state facts);
  • be genuinely held (where they state opinions); and
  • comply with applicable law in Switzerland and in any country from which they are posted.

Contributions must not:

  • contain any material which is defamatory of any person;
  • contain any material which is obscene, offensive, hateful or inflammatory;
  • promote sexually explicit material;
  • promote violence;
  • promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • infringe any copyright, database right or trade mark of any other person;
  • be likely to deceive any person;
  • be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
  • promote any illegal activity;
  • be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
  • be likely to harass, upset, embarrass, alarm or annoy any other person;
  • be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
  • give the impression that they emanate from us, if this is not the case; nor
  • advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Posting the same or similar message to one or more newsgroups (excessive cross-posting or multiple-posting, also known as “SPAM”) is explicitly prohibited. In case of any damages suffered by Whirling Chief as a result of such actions, Whirling Chief reserves its right to recourse to those acted in violation of this provision.

Trademarks and Copyrights (All Rights Reserved)

Whirling Chief provides materials such as articles, videos, audio material, software or any other such data for learning and reference purposes. All materials and information belong to SESIL PIR Consulting GmbH.

The contents of our website are copyright protected and are subject to the applicable intellectual property law (copyright and trade mark law) and belong to SESIL PIR Consulting GmbH.

License

Permission shall be granted to temporarily download one copy of the materials on Whirling Chief for personal, non-commercial transitory viewing only. Hereby, SESIL PIR Consulting GmbH  grants a license, not a transfer of title, and under this license you may not, without the prior consent of SESIL PIR Consulting GmbH, modify or copy the materials, use the materials for any commercial purpose, or for any public display (commercial or non-commercial); you may not attempt to decompile or reverse engineer any software contained on Whirling Chief; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or “mirror” the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by SESIL PIR Consulting GmbH at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Disclaimer of Third Party Contents

Whirling Chief may contain links to third party websites, services and media and is connected with (social media) platforms such as Facebook, Twitter, YouTube and LinkedIn. SESIL PIR Consulting GmbH cannot review all of these websites and is not responsible for the contents of any such link. The use of any link on Whirling Chief is at the user’s own risk. Third party websites, services and other media are not controlled by SESIL PIR Consulting GmbH. Therefore SESIL PIR Consulting GmbH assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services.

You further acknowledge and agree that SESIL PIR Consulting GmbH 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 available on or through any such websites or services. For any third party websites or services that to you visit and use, we strongly advise you to read corresponding terms and conditions and privacy policies.

Reliance on Information Shared and Liability

Materials and information shared on Whirling Chief are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by you (or by anyone who may be informed of any of its contents).

In no event shall SESIL PIR Consulting GmbH be liable for any damages arising out of the use or inability to use the materials on Whirling Chief, even if SESIL PIR Consulting GmbH or any authorized representative has been notified orally or in writing of the possibility of such damage.

Whirling Chief and its materials are provided without any guarantees, conditions or legal promises (‘warranties’).  To the extent permitted by law, we expressly exclude:

  • all conditions, legal promises (‘warranties’) and other terms which might otherwise be implied in any manner;
  • any liability for any direct or indirect loss or damage incurred by any user in connection with Whirling Chief (or in connection with the use, inability to use, or results of the use of Whirling Chief, any websites linked to it and any materials within it) including, without limitation, any liability for:
  • loss of anticipated savings;
  • loss of data.

This shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

This does not affect our liability for death or personal injury arising from our negligence, our liability for fraud, or any other liability, which cannot be excluded or limited under applicable law.

Viruses, Hacking and other Offenses

You must not attempt to gain unauthorized access to our servers or any server, computer or database connected to Whirling Chief nor knowingly attempt to introduce viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.

By breaching this provision, report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Whirling Chief will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer and/or phone equipment, computer and/or phone programs, data or other proprietary material due to your use of Whirling Chief or on any website linked to it.

Modification and Termination

SESIL PIR Consulting GmbH may revise the Terms for this website at any time without notice. By using this website you agree to be bound by the current version of these Terms. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or the services of Whirling Chief after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

SESIL PIR Consulting GmbH may terminate or suspend access to the service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Errata

We do not guarantee that our site, or any content on it, will be free from errors or omissions. The materials appearing on Whirling Chief could include technical, typographical, or photographic errors. SESIL PIR Consulting GmbH does not warrant that any of the materials on its website are accurate, complete, or current. SESIL PIR Consulting GmbH may make changes to the materials contained on Whirling Chief at any time without notice. We do not, however, make any commitment to update the materials.

All Other Provisions Remain Effective

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Jurisdiction and Governing Law

The courts of the Canton of Basel, Switzerland will have jurisdiction over any claim arising from, or related to, your use of Whirling Chief of SESIL PIR Consulting GmbH (although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country).

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Switzerland.

Our failure to enforce any right or provision of these Terms will not be considered as a waiver of those rights.

Contact

If you have any questions about these Terms or any concerns about Whirling Chief, do not hesitate to contact us under [email protected]

Privacy Policy

Please also see the Privacy Policy of Whirling Chief.