Structure and applicability of these Platform Terms
1.1 These BBTP platform terms of service (the "Platform Terms") constitute the agreement ("Agreement") between each User (as defined below) and Best Best Talent Platform Oy ("BBTP" or "we") regarding the use of the BBTP Platform (including the BBTP website available at www.bestbesttalentplatform.com and www.bbtp.pro and thereto related services, applications and materials, and all versions and aspects of the aforesaid, which are collectively referred to as the "Platform").
1.2 The User accepts these Platform Terms when they commence the use of the Platform, which may include using the relevant website or application, posting any material or information to the Platform or otherwise utilising the Platform or materials obtained via the Platform. If the User does not accept these Platform Terms, they must not use the Platform.
1.3 The Platform is intended solely for business purposes and it is not intended for users that are consumers (being an individual acting primarily for purposes other than a trade, business or profession) and the applicability of consumer protection legislation is there-fore excluded. The User represents that they are 18 years of age or older and, as applicable, have the authority to enter into the Agreement on behalf of their relevant organisation.
1.4 These Platform Terms are applicable to the use of the Platform by all Users. Chapter I of these Platform Terms includes terms and conditions applicable to all Users and Chapter II includes terms and conditions specific to each User group (Members, Partners and Clients) respectively in addition to the terms and conditions applicable to all Users. In addition to these Platform Terms, the Users may enter between themselves into agreements (including Orders and Client Orders) concerning the Assignments using the document templates provided on the Platform, and such agreements shall be subject to the terms and conditions agreed in the respective agreement (including Orders and Client Orders) as described below. BBTP is not party to the said agreements.
2.1 When used in these Platform Terms, unless a contrary intention appears, the following definitions shall have the following meanings.
"Affiliate" means any Finnish or foreign legal entity that is directly or indirectly owning or controlling the Party, or under the same direct or indirect ownership or control as the Party, or directly or indirectly controlled by the Party for so long as such ownership or control lasts.
Ownership or control shall exist through direct or indirect ownership of fifty percent (50%) or more of the nominal value of the issued equity share capital or of fifty percent (50%) or more of the shares entitling the holders to vote for the election of the members of the board of directors or persons performing similar functions.
"Agreement" has the meaning set forth in Section 1.1
"Assignment" means the position and/or role of the Interim Manager and thereto related obligations specified in the Order and/or Client Order in question.
"Client" means the entity acquiring the interim manager services of the Member or as applicable, Partner, under the Client Orders.
"Client Order" means a separate order document concerning an Assignment entered into between the Client and the Partner, or as applicable, between the Client and the Member directly.
"Client Tools" means all working premises and any and all hardware, software and other tools provided by the Client for the Assignment.
"Confidential Information" means all material and information received from or disclosed by BBTP, the Partner, the Client or any of their Affiliates (the Disclosing Party) in whatever form.
"Interim Manager" means each person specified in an Order and Client Order to provide temporary managerial support to the Client (either directly or via the Interim Manager Provider) under the Order or Client Order in question.
"Interim Manager Provider" means the entity providing the Interim Manager under the Client Order to the Client for the Assignment.
"Order" means a separate order document concerning an Assignment entered into by the Partner and the Member (whether Interim Manager Provider or Interim Manager).
"Material" means all documents and other materials, in whatever form, that come into existence in connection with or as the result of the performance of the Assignment.
"Member" means both Interim Managers and Interim Manager Providers, as applicable.
"Partner" means the partner company specified in the Client Order and/or Order that provides the Client with Interim Managers by using the Interim Manager Provider.
"Party" means the relevant User.
"Platform" has the meaning set forth in Section 1.1.
"Taxes" means any direct, indirect or ancillary taxes, charges, fees, levies, duties or other assessments including interest, penalties and additions relating to such payments including but not limited to employer taxes.
"User" means the Member, the Partner or the Client and their individual representatives using the Platform, as applicable.