building

Chief Happiness Officer (CHO)

User Terms

These user terms (Terms) apply to the CHO application (App) provided by Atos Nederland B.V., trading as Atos Nederland B.V., Us or We. CHO is a registered and owned by Atos Nederland B.V.

 

1. ACCEPTANCE OF TERMS

1.1 By using the app you agree to the terms so please read the terms carefully. If you do not agree with the terms you should not use the app.  

1.2 These Terms are applicable to:

1.2.1 the company, other legal entity or individual who initially set up the App (Client)

1.2.2 anyone who manages the App on behalf of the Client (Admin)

1.2.3 any users who are invited to join in the App by a Client and/or Admin / End-user, (together referred to as You).

1.3 These Terms apply to all means by which you access the App, whether via your browser, the desktop and/or mobile applications provided by us or by any other means permitted by us on such terms as may be relevant to those other means.

1.4 If you are entering into these Terms on behalf of a company or other legal entity you warrant that you have authority to bind such company or other legal entity.

1.5 You will be assumed to have obtained permission from the owners of any computer, mobile telephone or handheld device that is controlled, but not owned, by you (Device) onto which you download the App.

 

2. YOUR RIGHT TO USE THE APP

2.1 We grant you a non-transferable, non-exclusive, revocable worldwide license to use the App, subject to these Terms and the Privacy Policy incorporated into the App by reference.

2.2 Except as expressly set out in these Terms or as permitted by any local law, you agree:

2.2.1 not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of backup.

2.2.2 not to rent, lease, sub-license, loan, otherwise distribute, translate, merge, adapt, alter, vary or modify the App.

2.2.3 not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App.

 

3. SUBSCRIPTION AND CHARGES

3.1 CHO accounts may be either demo accounts or subscription accounts depending on the selected account option.

3.2 The subscription period for Accounts is a year, or another duration described in the clients contract (Subscription Period).

3.3 The Client, You and/or the owner of your Device are responsible for any charges, including data charges that may be charged by your and/or their service providers for internet access on the Device.

 

4. DATA PROTECTION, DATA SECURITY

4.1 CHO and the Client are responsible for compliance with all data protection law requirements.

4.2 The Client remains the controller with respect to personal data contained in Client Content and must therefore always check whether the processing of Client Content and the use of CHO are covered by appropriate permissions.

4.3 CHO takes the issues data protection and data security very seriously. Additional information on data protection and data security can be found in the Provider’s Privacy Policy. This Privacy Policy is included in the App.

 

5. YOUR ACCOUNT

5.1 As part of the App registration process the client will provide your Email address to CHO. A standard password will be generated. It is your responsibility to keep this information secure and confidential. If you suspect someone has gained access to your account, please contact us on Contact.Ex@atos.net. We will help you in securing your account.

5.2 End-users must be real people and must not create and End-user profiles for anyone other than themselves. Profiles should be professional, and it is the End-users responsibility to keep their profiles up-to-date and accurate.

 

6. YOUR CONTENT AND ACCEPTABLE USE

6.1 The App allows you to create, upload, post, send, receive and store content on the App. You retain such ownership rights as you had in that content to begin with. You agree we may use such content for the purposes of delivering your messages as part of the App and that we may store and copy your content for the purpose of making backups, to prevent data loss etc. We do not otherwise use the content you create, upload, post, send, receive and store on the App.

6.2 You must not use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously. For example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App or any operating system.

6.3 You must not infringe our intellectual property rights or those of any third party in relation to your use of the App including the submission of any content.

6.4 You must not transmit any content that is: defamatory; obscene, offensive or otherwise objectionable; promotes sexually explicit material, violence or discrimination based in race, sex, religion, nationality, disability, sexual orientation or age; is threatening or is likely to harass any person; or advocates or assists any unlawful act.

6.5 You must not use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users of the App.

6.6 You must not 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.

6.7 We do not moderate any content on the App and accept no obligation to monitor such content.

6.8 End-users may be subject to additional obligations and requirements regarding content, imposed by the respective Client by way of employment contracts, staff policies (such as IT security & social media policies) and the like. These are solely a matter for the Client and End-user.

6.9 You must ensure to keep user IDs, passwords and other access data secret, do not disclose these to unauthorized third parties, protect these from third-party access with suitable measures in compliance with current requirements and inform the Provider without undue delay if it is suspected that user names or passwords or other access data could have become known to unauthorized parties.

 

7. REMOVAL OF CONTENT

7.1 You may report content that you believe is in breach of the requirements of condition 6 of these Terms by emailing Contact.Ex@atos.net. Having received your report, we will determine, in our discretion, whether there has been a breach of the requirements of condition 6 of these Terms and act accordingly.

7.2 When a breach of condition 6 has occurred, we may take such action as we deem appropriate which may include all or any of the following:

7.2.1 immediate, temporary or permanent withdrawal of the right for the offending Client or End-user to use the App.

7.2.2 immediate, temporary or permanent removal of any offending content from servers controlled by us.

7.2.3 issue of a warning to the offending Client or End-user.

7.2.4 legal proceedings against the offending Client  or End-user for reimbursement of all costs on an indemnity basis. (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

7.2.5 further legal action against the offending Client or End-user;

7.2.6 disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

7.3 It is the technical nature of the App that those End-users with whom content has been shared may download or re-share any content with anyone on the App or otherwise. Whilst content may be removed from our servers, in accordance with condition 7.2.2, it may still persist on the Devices of some End-users or in other forms.

7.4 The responses outlined in condition 7.2 are not limited, and we may take any other action we reasonably deem appropriate.

7.6 CHO is entitled at any time to delete or block content or other data entered by the You or the Client in CHO which, in the estimation of the CHO, possibly infringes third-party rights, these Terms or any laws and regulations. In this case CHO is also entitled to block access to the areas of CHO affected by this.

 

8. INTELLECTUAL PROPERTY RIGHT

8.1 We grant you a non-transferable, non-exclusive, revocable worldwide license to use the App, subject to these Terms and the Privacy Policy incorporated into the App by reference.

8.2 You acknowledge that all intellectual property rights in the App anywhere in the world belong to us, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App other than the right to use the App in accordance with these Terms.

8.3. You acknowledge that you have no right to have access to the App in source-code form and will not acquire any rights to the App and the software underlying the Web Interface or other content itself or to any duplications of the software or content.

8.4 The CHO will be provided via the App stores, the CHO will grant Users when downloading these from the App Store non-exclusive, non-transferrable and non sub-licensable rights to use these Apps on the corresponding Device according to the Terms of Service of the relevant App Store.

8.5 CHO does not grant the Client or User any rights to the App beyond the provisions in these Terms. You are not entitled to make any amendments to the software. In particular, You are not entitled to examine the functioning of the App, to decompile, to disassemble the App into its constituent parts, to reconstruct or to use its code or other parts to produce software programs.


9. THIRD PARTY APPS & SERVICES

9.1 The App provides links to other apps, software applications, information services or websites (non-CHO Services) which we believe may be of interest to you. Non-CHO Services are not under our control, and we are not responsible for and do not endorse their content. Non-CHO Services may be subject to the privacy policies and terms of service of the relevant service provider.

9.2 For specific Clients we may in our discretion agree to link the App to non-CHO Services requested by them and to provide assistance the Client in setting up, testing and operating of those specific non-CHO Services.

9.3 The use of non-CHO Services is entirely at your own risk.

 

10. APP AVAILABILITY

10.1 We will use reasonable efforts to make the App available at all times, but we do not guarantee that the App, will always be available or be uninterrupted as the App will be provided on an “as is” basis. We are under no obligation to provide you with maintenance or technical support, unless we have agreed specifically otherwise with you and/or Client. We are entitled to temporarily cancel or restrict the provision of the App to conduct updating and maintenance work.

10.2 We accept no liability for any disruption or non-availability and in particular when resulting from external causes such as but not limited to internet service provider equipment failure, power failure, host equipment failure, communications network failure.

10.3 To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

10.4 We may suspend, withdraw or restrict the availability of all or any part of the App for business and operational reasons. In particular, we may suspend withdraw or restrict the Client’s or any individual End-user’s access to the App without notice if the Client or the particular individual End-user is in breach of these Terms.

 

11. INDEMNITY

11.1 You agree to indemnify and hold CHO and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against CHO arising out of your use of the App, your content and/or any breach by you of these Terms.

 

12. LIMITATION OF LIABILITY

12.1 You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App meet your requirements.

12.2 We accept no liability with respect to any Non-CHO Services.

12.3 We accept no liability for actions taken in relation to condition 7 of these Terms.

12.4 We have no liability to you for any loss of profit, loss of business, business interruption, loss of savings, loss of business opportunity, loss of use or corruption of software, data or information, damage to goodwill or any indirect or consequential loss.

12.5 Our maximum aggregate liability under or in connection with these Terms whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the subscription fee as paid for the respective User. This does not apply to the types of loss set out in condition 12.6.

12.6 Nothing in these Terms shall limit or exclude our liability that cannot be excluded or limited by Dutch law.

 

13. TERMINATION

13.1 We may suspend and/or terminate your right to access and/or use the App immediately by written notice to you for any reason and in particular if you commit a breach of these Terms which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so.

13.2 On termination for any reason:

13.2.1 all rights granted to you under these Terms shall cease.

13.2.2 you must immediately cease all activities authorized by these Terms.

13.2.3 you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App then in your possession, custody or control.

13.2.4 we may remotely access the Devices and remove the App from all of them and cease providing you with access to the App.

 

14. UPDATES/CHANGES TO THE APP

14.1 From time to time we may automatically update the App to improve performance, enhance functionality, reflect changes to the operating system or address security issues.

14.2 If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App.

 

15. CHANGES TO THESE TERMS

15.1 We may change these terms at any time by sending you an email or notifying you of a change when you next start the App. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the App.

 

16. COMMUNICATION BETWEEN US

16.1 If you wish to contact us in writing you can do so by emailing Contact.Ex@atos.net or by prepaid post to, trading as CHO, of We will confirm receipt of this by contacting you in writing, normally by e-mail.

16.2 If we have to contact you or give you notice in writing, we will do so either by e-mail or by pre-paid post to the address you provide to us in your request for the App.

 

17. EVENTS OUTSIDE OUR CONTROL

17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any act or event beyond our reasonable control including but not limited to failure of public or private telecommunications networks (Event Outside Our Control).

17.2 If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.

 

18. OTHER IMPORTANT TERMS

18.1 We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or our obligations under these Terms.

18.2 You may only transfer your rights or obligations under these Terms to another person if we agree in writing.

18.3 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

18.4 Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

18.5 Please note that these Terms are governed by Dutch law under the exclusive jurisdiction of the courts of Amsterdam.