This is an Agreement between You (in your capacity as "User") and EBSC Technologies Private Limited ("EBSC") that governs the rules and regulations concerning access to information of products and services ("Products and Services") that may be displayed by EBSC and/or its associates and/or affiliates through its website, www.bridgebeyond.in (the "BridgeBeyond Interface"). When you access and/or use the BridgeBeyond Interface, you provide your unconditional consent to be bound by the following User Terms and Conditions (the "Terms").
Since all information provided on the BridgeBeyond Interface can be downloaded to your computer, phone, tablet, or other electronic device, you agree that EBSC may automatically update the same and that these Terms will apply to such updates as well. In case you intend to avail any of the Products and Services, you are advised to make proper and independent enquiry from the company before you rely, act upon or enter into any transaction in relation to availing of Products and Services from EBSC. By using any of the Products and Services, you agree to be bound by these Terms, including the policies referenced in them.
1. Introduction
Please read these Terms carefully and contact EBSC in the event you have any questions. By using any or all of the Products and Services, you agree to be bound by these Terms, including the policies referenced in these Terms.
2. General Terms and Conditions
a. You acknowledge that www.bridgebeyond.in is owned and operated by EBSC. You warrant that you possess the legal right and ability to enter into this Agreement and use the website in accordance with these Terms. You agree that the website has been designed only for information purposes and does not constitute any offer, contract, warranty or guarantee. EBSC does not make any representation or give any warranty, guarantee, condition or undertaking, either express or implied, as to the condition, quality, state of readiness or fitness in relation to the Products and Services displayed for the purpose of any design or any other information you may seek. No person employed by or on behalf of EBSC has any authority to make any representation or warranty in relation to any design or other information displayed on the website. The provisions of this Agreement apply only to the website and shall not extend to EBSC's offline activities. Any transaction involving availment of the Products and Services shall be subject to terms and conditions independent of this Agreement.
b. You agree that all descriptions and other details of Products and Services displayed on the website are given in good faith and believed to be correct. No person — whether purchaser, potential purchaser, sales agent, advertiser or introducer — should rely on them as statements or representations of fact, but must satisfy themselves by inspection or otherwise as to the correctness of each of them directly from the company.
c. You agree to use the website solely for the purposes of knowing about Products and Services offered by EBSC. The information contained on the website is provided for general guidance and illustrative purposes only. It is not intended to amount to advice on which you should rely. You should take appropriate steps to verify any information contained on our sites with our sales team.
d. You agree not to transmit objectionable or unlawful content through the website. You agree not to deploy or make use of any software, spyware, robots or spiders to extract or misuse the contents of the website.
e. You agree not to copy, modify, transmit, publish, sell or appropriate any information contained in the website for commercial purposes. You agree not to create derivative works using any information or contents of the website.
f. You agree that all rights, title and interest in all kinds of intellectual property rights in the website belong exclusively to EBSC.
g. You may print one copy and download extracts of any pages from the website for personal use. However, you must not modify the paper or digital copies of any materials you have printed off or downloaded, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
h. Our status (and that of any identified contributors) as the authors of content on the website must always be acknowledged. You are not permitted to publish the contents of the website on any other website or computer environment.
i. If you print off, copy or download any part of the website in breach of this Agreement, your right to use the website will cease immediately and you must, at our option, return or destroy any copies of the materials so obtained.
j. EBSC controls and operates the website from Mumbai, Maharashtra, India. EBSC makes no representation that Products and Services displayed are appropriate or available for use in locations outside India. Accessing the website from territories where its content is illegal is prohibited. EBSC shall bear no liability in case of any misappropriation of the website and images appearing therein.
k. Access and usage of the website shall be solely at your own risk. EBSC shall not bear responsibility for unstable or unreliable internet connections.
l. You are responsible for ensuring that all persons who access the website through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
m. EBSC shall not bear responsibility for any loss or damage caused by Trojan or virus attacks, harmful malware, or other technologically harmful material that may infect your computer equipment, programs, data or other proprietary material due to exposure to the website.
n. EBSC may conduct periodic maintenance checks on the website. During such times, EBSC may restrict or suspend your access to the website and shall not be responsible for unavailability at any point of time. EBSC may suspend, withdraw, discontinue or change all or any part of the website without notice and shall not be liable to you if for any reason the website is unavailable at any time or for any period. You shall be responsible for making all arrangements necessary for you to have access to the website.
o. EBSC does not guarantee safety or security for visiting the website. While EBSC has deployed a robust security architecture, the website is not free from possibilities of attacks by third parties.
p. While EBSC continues to invest reasonable efforts to include accurate and up-to-date information on the website, it makes no claims or representations of any kind as to accuracy, currency or completeness of such information.
3. Recruitment and Placement Specific Terms
q. Candidate Responsibilities — Candidates agree to provide accurate, complete and verifiable information including but not limited to educational qualifications, professional licenses, employment history and language proficiency. EBSC shall not be liable for any loss, rejection or consequence arising from misrepresentation or omission of information by candidates.
r. Employer Responsibilities — Employers engaging EBSC's services agree to provide accurate job descriptions, terms of employment and all relevant compliance requirements as per local and international regulations. EBSC shall not be responsible for any misstatements, omissions or breaches by employers.
s. Facilitation Role — EBSC acts solely as a facilitator of recruitment and mobility services. EBSC does not guarantee the success of employment applications, issuance of visas or work permits, or the continued performance of candidates once deployed.
t. Refunds and Cancellations — Unless expressly stated in a separate agreement, EBSC shall not be obliged to provide refunds in case of withdrawal of candidates or employers after initiation of services. Any refund obligations shall be governed strictly by the terms of the service engagement entered into separately.
4. Limitation of Liability
To the maximum extent permitted by law, EBSC shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill or other intangible losses, resulting from: (a) access to or use of or inability to access or use the Products and Services by you; (b) any conduct or content of any party other than EBSC, including any defamatory, offensive, or illegal conduct; or (c) unauthorized access, use, or alteration of content or information. In no event shall EBSC's aggregate liability for all claims related to the Products and Services exceed INR 1 (Indian Rupee One).
You acknowledge that the disclaimers and limitations of liability set forth in these Terms reflect a reasonable and fair allocation of risk between you and EBSC and are an essential basis to EBSC's ability to make the Products and Services available to you on an economically feasible basis.
You acknowledge that the Products and Services provided by EBSC are strictly on an "as-is" basis and that EBSC is not making and has not made any warranty or representation as to suitability, merchantability or quality. You affirm that in using EBSC, you are not relying on any statement or representation made by EBSC which is not expressly contained in this Agreement.
IN NO EVENT SHALL EBSC BE LIABLE TO YOU FOR USE, MISUSE OR RELIANCE ON ANY OF THE BRIDGEBEYOND INTERFACE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE OR DATA, WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF EBSC IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE BRIDGEBEYOND INTERFACE AND THE INTERNET GENERALLY. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
5. Third Party Content
EBSC does not investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any services, deals, coupons or other promotions or materials, including advice, ratings and recommendations of third party entities contained on, distributed through or linked, downloaded or accessed from the BridgeBeyond Interface.
References that the BridgeBeyond Interface makes to any names, marks, products or services of third parties or hypertext links to third party sites or third party information do not constitute or imply EBSC's endorsement, sponsorship or recommendation. EBSC shall not bear responsibility for third party links contained in the website; such links are solely for user convenience and do not constitute endorsement by EBSC.
6. Security
EBSC cares about your security. While EBSC is committed to protection of your details and related information, it cannot guarantee that unauthorized third parties will not be able to defeat the security measures. Please notify EBSC immediately in the event you find any compromise or unauthorized use of your confidential details submitted to the company.
7. Unlawful Activity
EBSC reserves the right (at its sole and exclusive discretion) to investigate complaints or reported violations of the Terms and to take any action it deems fit and appropriate including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators or other third parties and disclosing any information necessary or appropriate relating to the user's registration data, usage history, posted materials, IP addresses and traffic information.
8. Indemnity
You agree to indemnify EBSC and its affiliates, employees, agents and representatives and to hold the company harmless from any and all claims and liabilities (including any and all attorneys' fees) that may arise from your submissions and from any unauthorized use of Products and Services or breach of these Terms. These obligations will survive termination of this Agreement.
9. Confidential Information
EBSC discourages users from sending or posting to the website any information that they may consider to be confidential. If you do send or post any such information, EBSC will assume that it is not confidential. By sending or posting any information or material, you grant EBSC an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information.
Where you share your identity details on the contact-us section of the website, you give EBSC express permission to connect with you on the contact details provided. Such act shall be deemed your express permission to communicate with you and shall override the telemarketers' guidelines (Telecom Commercial Communication Customer Preference Regulation, 2018) and any allied regulations.
10. Privacy Policy
EBSC is committed to protecting the privacy and confidentiality of any personal information that it may request and receive from its users, clients, customers and other users of the Website. To read EBSC's privacy policy statement, please refer to the Privacy Policy.
11. Force Majeure
EBSC shall not be held liable for breach of these Terms to the extent that such breach is caused by or arises from prohibition or restriction by law or regulation or any government, fire, flood, storms, weather, strike, lock-out or other labour problems, accident, riots, acts of God, pandemic or any other event beyond its control.
12. Illegal Activity
EBSC reserves the right (at its sole and exclusive discretion) to investigate complaints or reported violations of the Terms and to take any action it deems fit and appropriate including reporting any suspected unlawful activity to law enforcement officials, regulators or other third parties and disclosing any information necessary relating to your registration data, usage history, posted materials, IP addresses and traffic information.
13. Governing Law
This Agreement shall be governed and construed in accordance with the laws in India. Any dispute arising hereunder shall be subject to the exclusive jurisdiction of the courts in Kolkata, West Bengal, India.
14. Arbitration
In the event a dispute arises between you and EBSC under these Terms, the Parties shall attempt to amicably resolve the dispute through mutual discussions.
Where the dispute is not resolved within 90 days, either Party may, by giving written notice, initiate arbitration proceedings. The arbitration shall be conducted in English in accordance with the Arbitration and Conciliation Act, 1996 (as amended). The venue shall be Kolkata, West Bengal, India.
A sole arbitrator shall be jointly appointed by both Parties. If the Parties cannot agree within 30 days, the arbitrator shall be appointed in accordance with the Arbitration and Conciliation Act, 1996. The award of the arbitrator shall be final and binding on both Parties. Each Party shall bear its own costs of arbitration, unless otherwise determined by the arbitrator.
15. Modification
EBSC reserves the right to modify the terms and conditions or other provisions of this Agreement at any point in time. We request you to take notice and be bound by such amended terms and/or provisions, modified from time to time.
16. Severability
Each provision of this Agreement is severable. Severance does not affect any other provisions of this Agreement. You are advised to exit the BridgeBeyond Interface if you do not agree to the provisions contained in this Agreement.
17. User Queries
We welcome suggestions, ideas, comments and other feedback regarding the Products and Services ("Feedback") from you. By submitting any Feedback, you grant EBSC the right to use the Feedback without any restriction or compensation. By accepting the Feedback, EBSC does not waive any rights to use similar or related Feedback previously known to EBSC, developed by its employees or contractors, or obtained from other sources.
For any queries and assistance, please contact EBSC's customer support team.