Terms and Conditions

INTRODUCTION

These are the terms and conditions relating to the use of the following: Our website (www.Bharatbpo.in) (“Website”) Our mobile applications for devices using iphone OS, android OS and other OS (“Applications”) Our mobile based services and applications accessible on or through this Website or the network of the telecom operators on various mobile platforms, including but not limited on SMS, IVR, USSD, WAP, Internet, GPRS, 3G, 4G, Cloud and Server based platforms (“Services”). This Website is operated and the Applications and the Services are provided by Bharat BPO Services Limited, its subsidiaries and affiliate companies. (collectively referred to as “BBPO” or “We” or “Us”). We will refer to the Website, Applications and Services together as “BBPO Media” (and by referring the BBPO Media, we intend also to refer to any data, information, content or other material contained in, or accessible via, the BBPO Media). Areas of BBPO Media may have different terms and conditions of use posted in such areas. If there is conflict between Term and conditions herein and the terms and conditions of use posted for a specific area of BBPO Media, the latter shall have precedence with respect to your use of that area of BBPO Media.

ACCEPTANCE

By accessing and using BBPO Media, you as the End User agree to be bound by these terms and conditions of use (“Terms”). You agree and acknowledge that the access and use of BBPO Media by you is voluntary and of your own accord, and that the Terms shall be binding on you, for access and use of the BBPO Media for any purpose, in India (“Territory”). Your access and use of the BBPO Media shall be subject to the applicable laws, rules and regulations in force in the Territory, and as may be amended from time to time (“Applicable Laws”) Your act of accessing and using the BBPO Media for any purpose, shall be deemed to be your absolute agreement to these Terms and Privacy Policy (defined below) of Bharat BPO Services Limited (“BBPO”) as prescribed from time to time.

BBPO MEDIA

BBPO Media (or any part thereof) may be accessed or made available to you through various mediums or devices now existing or hereafter developed, including but not limited to internet, mobile telephone or other telecommunication services or any combination thereof. To access some of the Services and Applications, you may be required to subscribe for the mobile telecommunication services of the mobile operator with whom BBPO has tied up. You shall be solely responsible for the payment of any service/subscription fees to your mobile operator for accessing some of the Services and Applications. The functioning and operation of these Services and Applications is dependent on the Telecom Operators network for which BBPO shall not be responsible in the event of failure of Telecom Operators network transmission or failure of message transmission for any reasons whatsoever.

DATA PROTECTION

Any personal information you supply when using BBPO Media will be used by BBPO in accordance with its privacy policy (“Privacy Policy”). Such Privacy Policy is available on the website of BBPO at www.bharatbpo.in.

PROPRIETARY RIGHTS AND LICENCE

All trademarks, copyright, database rights and other intellectual property rights of any nature in BBPO Media, any name, mark or logo related to BBPO and/or the Services and Applications are owned either directly by BBPO or by BBPO’s licensors or by third parties. You may not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to any of these marks and logos. You agree and acknowledge that the access and use of BBPO Media shall not be construed to confer on you any rights of any nature including rights in any form of intellectual property contained in BBPO Media or related to BBPO. If in the course of accessing and using BBPO Media, you even unintentionally infringe the rights including rights in any form of intellectual property of BBPO in BBPO Media, you shall immediately cease and desist any such use.  You agree and confirm that you shall not at any time reveal or make public any and all proprietary and/or confidential information relating to BBPO, its business, BBPO Media, that you may gain access to during the course of accessing and using BBPO Media. Except as expressly authorized by BBPO, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the content, information or other material comprised in BBPO Media, in whole or in part.

CONDITIONS OF USE

BBPO Media  is currently made available to you  for your personal and non-commercial use. BBPO reserves the right to amend or withdraw BBPO Media or any of its parts  provided to you in accordance with these Terms, at any time and for any reason. You acknowledge that the terms of agreement with your respective mobile network provider (‘Mobile Provider’) will continue to apply when using the BBPO Media and Applications. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Services and Applications or any such third party charges as may arise. You accept responsibility for any such charges that arise, and shall not claim the same from BBPO or dispute the same. If you are not the bill payer for the mobile telephone or handheld device being used to access BBPO Media, you will be assumed to have received permission from the bill payer for using BBPO Media. You are solely responsible for your use of BBPO Media. BBPO does not initiate the transmission, select the receiver of the transmission and select and modify the information contained in the transmission of the content delivered to you through some of the Services and Applications and Website. Such content may include links to third-party websites and content. The linked content is not under BBPO’s control and BBPO is not responsible whatsoever for the content of any such linked content. The content does not represent or reflect any advice, views, opinions or beliefs of BBPO and BBPO does not endorse or claim any responsibility for the online content, delivered through BBPO Media. You agree and acknowledge that the content delivered through the use of BBPO Media by you, is specifically requested by you, and that BBPO is not responsible for the nature of such content delivered to you. You must only use BBPO Media and anything available via BBPO Media for lawful purposes (complying with all Applicable Laws , in a responsible manner, and not in a way that might damage BBPO’s name or reputation. You agree and acknowledge that the use of the information delivered to you through BBPO Media is your sole responsibility, and that BBPO shall not at any time be held responsible for any unlawful usage of the information content and other material secured through BBPO Media, by you. You may find advertising or other content delivered with the content requested through BBPO Media that link to the sites and mobile applications and services of BBPO’s partners, suppliers, advertisers, sponsors, licensors and other third parties. BBPO does not control the content, advertisement or links that appear through BBPO Media and are not responsible for the practices employed by those websites and mobile applications linked to or from BBPO Media. In addition, these sites and mobile applications or services, including their content and links, may be constantly changing. These sites and mobile applications and services may have their own terms of use and customer service policies. Browsing and interaction on any other website, advertisements and mobile applications which have a link to BBPO Media, is subject to that website’s, advertisements and mobile applications’ own terms and policies. While using BBPO Media, you shall not host, display, upload, modify, publish, transmit, update or share any information that:

1. belongs to another person and to which you does not have any right to;
2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
3. harm minors in any way;
4. infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
5. violates any law for the time being in force;
6. deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
7. impersonate another person;
8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
9. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
10. shall not be false, inaccurate or misleading;

AVAILABILITY

BBPO Media are available on computer resource or handheld mobile devices. It is your responsibility to ensure your computer or mobile devices meets all the necessary technical specifications to enable you to access and use BBPO Media will use reasonable efforts to make BBPO Media available at all times. However you acknowledge the Services and Applications are provided over mobile networks or internet and so the quality and availability of the Services and Application may be affected by factors outside of BBPO’s reasonable control. In the event the Services and Applications are unavailable to you for any factors not attributable to BBPO and due to any reasons attributable to any third party service provider, BBPO shall not be responsible for the same in any event whatsoever. BBPO and sub-contractors do not accept any responsibility whatsoever for unavailability of BBPO Media, or any difficulty or inability to download or access content or any other communication system failure which may result in BBPO Media being unavailable. To the extent permitted in law, you hereby agree and acknowledge that you shall not at any time institute any suit, claims, actions, proceedings, against BBPO for any reason relating to the unavailability of BBPO Media. You hereby agree and confirm that BBPO shall not be held liable for any unavailability or non-functionality of BBPO Media due to war, industrial action, flood, or act of God. You further agree and confirm that BBPO shall not be responsible for any disruption in the functionality of BBPO Media and/or any unavailability in BBPO Media, arising due to the mobile network provider and/or any other third party, and/or any intermediary who may deliver the Services and Applications to you and that you shall not hold BBPO liable for any of the same.

TERMINATION

Notwithstanding any remedies that may be available under any Applicable Law, BBPO may temporarily or permanently deny, limit, suspend, or terminate either wholly or partly BBPO Media provided to you, if BBPO believes that: (a) you have abused your rights to use BBPO Media; or (b) you are in breach of this Terms or Privacy Policy; or, (c) you have performed any act or omission that violates any Applicable Law, rules, or regulations; or, (d) you have performed any act or omission which is harmful or likely to be harmful to BBPO, or any other third party, including other users or suppliers of BBPO; or, (e) you made use of BBPO Media to perform an illegal act, or for the purpose of enabling, facilitating, assisting or inducing the performance of such an act; or, (f) you made any confidential and/or proprietary information pertaining to the BBPO and/or BBPO Media public without the prior written consent of BBPO. You agree that notwithstanding the termination, BBPO will continue to be entitled to use the information supplied by you or collected from you during the use and access of the BBPO Media by you.

LIMITATION OF LIABILITY

BBPO, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS, PARENT COMPANIES, SISTER COMPANIES, SUBSIDIARIES AND OTHER AFFILIATES WILL NOT BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE AND LOSS (INCLUDING LOSS OF PROFIT, LOSS OF DATA AND WORK STOPPAGE), COSTS, EXPENSES AND PAYMENTS, REGARDLESS OF THE ALLEGED LIABILITY OR FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, INCLUDING NEGLIGENCE, INTELLECTUAL PROPERTY INFRINGEMENT, PRODUCT LIABILITY AND STRICT LIABILITY, THAT MAY RESULT FROM, OR IN CONNECTION WITH THE USE OR THE INABILITY TO ACCESS AND USE BBPO MEDIA, OR FROM ANY FAILURE, ERROR, OR DOWNTIME IN THE FUNCTION OF BBPO MEDIA, OR FROM ANY FAULT OR ERROR MADE BY BBPO'S STAFF, OR FROM YOUR RELIANCE ON CONTENT DELIVERED THROUGH BBPO MEDIA, OR FROM THE NATURE OF CONTENT DELIVERED THROUGH BBPO MEDIA, OR FROM ANY COMMUNICATION WITH BBPO OR FROM ANY DENIAL OR CANCELLATION OF REQUEST FOR INFORMATION THROUGH BBPO MEDIA, OR FROM RETENTION, DELETION, DISCLOSURE OR ANY OTHER USE OR LOSS OF CONTENT THROUGH BBPO MEDIA, REGARDLESS OF WHETHER BBPO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO THE CORRECTIONS OF SUCH ERRORS, AS DEEMED FIT BY BBPO IN ITS SOLE DISCRETION. WITHOUT PREJUDICE TO THE AFORESAID, IT IS HEREBY ACKNOWLEDGED BY THE END USER THAT THE AGGREGATE LIABILITY OF BBPO, FOR ANY REASONS WHATSOEVER, WILL NOT EXCEED RS. 100/- (RUPEES ONE HUNDRED ONLY) OR THE TOTAL COST PAID BY THE END USER IN THE PERIOD OF 12 (TWELVE) MONTHS PRIOR TO WHICH THE CLAIM AROSE, WHICHEVER IS LOWER.

DISCLAIMER OF WARRANTIES

EXCEPT AS EXPRESSLY SET FORTH IN THIS TERMS, BBPO EXPRESSLY DISCLAIMS ANY OTHER WARRANTY WITH RESPECT TO THE USE OF BBPO MEDIA OR ANY CONTENT OR INFORMATION DELIVERED OR SENT THROUGH BBPO MEDIA TO YOU. BBPO MEDIA IS PROVIDED WITHOUT ANY EXPRESS OR IMPLIED GUARANTEE OR ASSURANCE OF QUALITY, RELIABILITY OF THE CONTENT DELIVERED THROUGH BBPO MEDIA. BBPO DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO BBPO MEDIA. BBPO DOES NOT WARRANT OR GUARANTEE THAT THE USE OF BBPO MEDIA WILL NOT CAUSE ANY DAMAGES TO YOUR COMPUTER SYSTEM OR MOBILE PHONE OR TO ANY OTHER SERVICES PROVIDED TO YOUR MOBILE PHONE OR OTHER APPLICATIONS, CONTENT AND DATA THAT RESIDE ON YOUR COMPUTER SYSTEM OR MOBILE PHONE. YOU AGREE AND ACKNOWLEDGE THAT THE USE, AND ACCESS OF BBPO MEDIA IS ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK. BBPO DOES NOT WARRANT OR GUARANTEE THAT BBPO MEDIA WILL OPERATE IN AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE MANNER, OR THAT BBPO MEDIA WILL ALWAYS BE AVAILABLE OR FREE FROM ERRORS OR THAT BBPO MEDIA WILL BE IMMUNE FROM UNAUTHORIZED ACCESS. BBPO MEDIA IS PROVIDED ON “AS IS BASIS” AND “AS AVAILABLE BASIS”, BBPO DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS THAT YOU WILL FIND BBPO MEDIA SUITABLE FOR YOUR NEEDS. BBPO DOES NOT WARRANT OR GUARANTEE THAT THE CONTENT YOU RECEIVE TO YOUR MOBILE DEVICES  WILL BE FREE FROM TECHNICAL INACCURACIESOR THAT THE CONTENT WILL BE LEGAL, NON INFRINGING OR WILL NOT VIOLATE ANY RIGHTS OR APPLICABLE LAWS OR THAT THE CONTENT WILL NOT CONTAIN ANY OBJECTIONABLE MATERIALS. BBPO DOES NOT IN ANY MANNER WARRANTY, GUARANTEE OR MAKE ANY REPRESENTATIONS IN RESPECT OF THE ACCURACY AND/OR VERACITY OF THE INFORMATION, CONTENT OR MATERIAL PROVIDED IN OR THROUGH BBPO MEDIA. BBPO MEDIA AND THE CONTENT THEREUNDER ARE NOT INTENDED TO CONSTITUTE OR FORM THE BASIS OF ANY ADVICE (PROFESSIONAL OR OTHERWISE) OR TO BE USED IN, OR IN RELATION TO, ANY DECISION OR TRANSACTION. WE DO NOT ACCEPT ANY LIABILITY (REGARLESS OF HOW IT MIGHT ARISE) FOR ANY CLAIM OR LOSS ARISING FROM: ANY ADVICE GIVEN; ANY DECISION MADE; OR ANY TRANSATION MADE OR EFFECTED. IN RELIANCE ON, OR ON THE BASIS OF BBPO MEDIA AND THE CONTENT THEREUNDER NOR ANY SUCH LIABILITY ARISING FROM ANY OTHER USE OF, OR RELIANCE ON, BBPO MEDIA AND THE CONTENT THEREUNDER. BBPO CANNOT AND DOES NOT GUARANTEE THAT BBPO MEDIA AND ANY CONTENT THEREUNDER WILL BE FREE FROM VIRUSES AND/OR OTHER CODE THAT MAY HAVE CONTAMINATING OR DESTRUCTIVE ELEMENTS. IT IS YOUR RESPONSIBILITY TO IMPLEMENT APPROPRIATE SECURITY SAFEGUARDS (INCLUDING ANTI-VIRUS AND OTHER SECURITY CHECKS) TO SATISY YOUR PARTICULAR REQUIREMENTS AS TO THE SAFETY AND RELIABILITY OF THE CONTENT. BBPO WILL BE ENTITLED TO USE, SUBJECT TO THE PRIVACY POLICY AS DEFINED ABOVE, ANY INFORMATION SUPPLIED BY YOU DURING THE COURSE OF ACCESSING AND USING BBPO MEDIA.

INDEMNIFICATION

You agree to indemnify and hold BBPO, the licensors, business partners of BBPO and their respective officers, directors, shareholders, employees, sub-contractors, agents, parent companies, sister companies, subsidiaries and other affiliates, indemnified and harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of BBPO Media, any unauthorised use of BBPO Media by you, your violation of these Terms, or your violation of any rights including rights in any form of intellectual property of any third party.

AMENDMENTS TO THE TERMS

BBPO may amend and modify this Terms from time to time, including any and all documents and policies incorporated thereto without any prior notice to you. You agree to be bound by any of the changes made in the Terms, including changes to any and all documents and policies incorporated thereto. Continuing to access and use BBPO Media will indicate your acceptance of the amended Terms. If you do not agree with any of the amended Terms, then you must avoid any further use and access of BBPO Media. BBPO advises you to periodically read these Terms, as it may change from time to time.

ENTIRE AGREEMENT

The "Terms" including the Privacy Policy constitutes the entire agreement between you and BBPO and governs your access and use of BBPO Media, superseding any prior agreements between you and BBPO with respect to BBPO Media.

GOVERNING LAW AND JURISDICTION

14.1These Terms shall be governed by the laws of India. You and BBPO agree to submit to the personal and exclusive jurisdiction of the courts of New Delhi. In case of any dispute or other matter arising in reference to the Terms and/or BBPO Media, such dispute or other matter shall be referred to a sole arbitrator appointed by BBPO and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be New Delhi, and shall be conducted in English language. All the costs, charges and expenses in connection to the arbitration shall be solely borne by the user who raised the dispute. 14.2 Subject to the provisions of clause 14.1 above, the courts having jurisdiction under the provisions of the Arbitration and Conciliation Act, 1996, to determine all the matters which the court is entitled to determine under the Act, including, without limitation, provision of interim reliefs under the provisions of section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts at New Delhi, India. 15.

WAIVER AND SEVERABILITY OF TERMS

The failure of BBPO to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that other provisions of the Terms remain in full force and effect.

SURVIVAL

You agree and confirm that the indemnities, confidentiality obligations, limitation of liability, disclaimer of warranties, dispute resolution mechanism, shall survive any termination of the Terms.

RELATIONSHIP

You agree and acknowledge that your relationship with BBPO is not a confidential, fiduciary or other special relationship.
GRIEVANCE OFFICER
In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are as under:
Grievance Officer: Mr. Manish Shukla
Email Address: contactus@bharatbpo.in
Bharat BPO Services Limited,
B-151, Sector 63,
NOIDA 201301,
Uttar Pradesh, India.
Contact telephone number
Board: [+91 120 2477100]
Direct: [+91 1202477120]
Timing: 9:30 AM to 6:00PM from Monday to Friday except public holiday.
In case of any grievance, please contact the Grievance Officer. If you are the rightful owner of the content or an affected person and have the reason to believe that any content that has been uploaded/contributed through this Service contravenes your rights in violation of Rule 3 of the Information Technology (Intermediary Guidelines) Rules, 2011 (“Rules”), then you may approach the Grievance Officer, Bharat BPO Services Limited (on details provided above) in the following manner: Sending a request in writing or through email signed with electronic signature identifying the content alleged to be in infringement of your rights as the rightful owner or affecting you prejudicially; Providing exact identification and description of the content by giving its URL that is to be disabled, which in your view contravenes Rule 3(2) of aforesaid “Rules”.  Giving a declaration cum undertaking along with necessary documents establishing you (i) as the rightful owner of the content to be disabled, or (ii) as an affected person, and stating that the information submitted is true, complete & accurate and no material fact has been hidden. Further, stating that BBPO and its Management, Directors, employees, including Grievance Officer shall not be liable for any loss or damage or claim for relying upon the said request. Contact information including address, telephone number, email address, etc. where you can be contacted if required.  The grievance(s) shall be redressed in accordance with the said Rules and in good faith by the Grievance Officer. Please submit any questions you have about these Terms and/or Privacy Policy and/or BBPO Media email to Grievance.officer@bharatbpo.in, by telephone on + 91 120 3355131 between the hours of 10 am to 5 pm, Monday to Friday or write to us at:
Bharat BPO Services Limited,
B-151, Sector 63,
NOIDA 201301,
Uttar Pradesh, India.
Bharat BPO Services Limited is a limited company, registered under the laws of India, having its registered office at 60-D, Street No. C-5, Sainik Farms, New Delhi 110063, India.