BYOB Terms Of Service
TERMS OF SERVICE
BYOB offers the Site and Site Services for your individual purposes only. To register for an Account or use the Site and Site Services, you must, and hereby represent that you: (a) will use the Site and Site Services for your individual purposes only; and (b) are an individual who is 18 years or older who can form legally binding contracts.
To register for an Account to join the Site, you must complete a User profile (“Profile”). You agree to provide true, accurate, and complete information on your Profile and all registration and other forms you provide to us to maintain its truthfulness, accuracy, and completeness. You agree not to provide any false or misleading information about your identity or location or your skills and to correct any such information that is or becomes false or misleading.
You agree not to request or allow another person to create an Account on your behalf, for your use, or for your benefit, except that an authorized person may create an Account on your behalf. By granting another person permission to use your Account you represent and warrant that: (a) the User is authorized to act on your behalf; and (b) you are fully responsible and liable for the User’s acts and omissions, including for obligations and liabilities relating to making payments and entering into the Terms of Service. If any such User violates the Terms of Service, it may affect your ability to use the Site and Site Services.
IDENTITY AND LOCATION VERIFICATION
When you register for an Account and from time to time thereafter, your Account will be subject to verification, including, but not limited to, validation against third-party databases or the verification of one or more official government or legal documents that confirm your identity, your location, and your ability to act on your behalf on BYOB. You authorize BYOB, directly or through third parties, to make any inquiries necessary to validate your identity, your location, and confirm your ownership of your email address subject to applicable law. When requested, you must timely provide us with complete information about yourself, which includes, but is not limited to, providing official government or legal documents. During verification some Account features may be temporarily limited. When a verification is successfully completed, Account features will be restored.
USERNAMES AND PASSWORDS
Each person who uses the Site must register for their own Account. When you register for an Account, you will be asked to choose a username and password for the Account. You are entirely responsible for safeguarding and maintaining the confidentiality of your username and password. You agree not to share your username or password with any person and to only share your username and password with a person who is authorized to use your Account. You authorize BYOB to assume that any person using the Site with your username and password, either is you or is authorized to act for you. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or any unauthorized access to the password for any Account. You further agree not to use the Account or log in with the username and password of another User of the Site if (a) you are not authorized to use both or (b) the use would violate the Terms of Service. REFUND Like any writing project, our writers work extremely hard, undertake several revisions and create several drafts. As a result, there are no refunds once you have purchased our services. All orders for services placed on BYOB are final and we offer no trial or grace period once our services have been purchased by you. WARRANTY DISCLAIMER YOU AGREE NOT TO RELY ON THE SITE, THE SITE SERVICES, ANY INFORMATION ON THE SITE OR THE CONTINUATION OF THE SITE. THE SITE AND THE SITE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. BYOB MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE SITE, THE SITE SERVICES OR ANY ACTIVITIES OR ITEMS RELATED TO THIS AGREEMENT OR THE TERMS OF SERVICE INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE EFFECTIVENESS OF THE SITE OR SITE SERVICES IN MEETING YOUR NEEDS. BYOB DOES NOT GUARANTEE THAT THE USE OF THE SITE AND SITE SERVICES WILL RESULT IN YOUR BEING HIRED OR RETAINED AND SHALL FURTHER NOT BE RESPONSIBLE OR LIABLE FOR ANY EMPLOYMENT, SALARY AND/OR OTHER COMPENSATION DECISIONS THAT YPU MAKE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BYOB DISCLAIMS ALL EXPRESS AND IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, ACCURACY, AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE SECTION ON AGREEMENT TERM AND TERMINATION STATES USER’S SOLE AND EXCLUSIVE REMEDY AGAINST BYOB WITH RESPECT TO ANY DEFECTS, NON CONFORMANCES, OR DISSATISFACTION. ASSUMPTION OF RISKS YOU AGREE TO ASSUME ALL RISKS ARISING OUT OF YOUR USE OF THE SITE AND SITE SERVICES INCLUDING THE RISK ARISING FROM INFORMATION BEING SUITABLE OR ACCURATE FOR YOUR NEEDS AND SITE AND SITE SERVICES BEING UNINTERRUPTED, TIMELY, SECURE AND/OR ERROR-FREE. LIMITATION OF LIABILITY BYOB IS NOT LIABLE, AND YOU AGREE NOT TO HOLD US RESPONSIBLE, FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH THE TERMS OF SERVICE, INCLUDING, BUT NOT LIMITED TO: A. YOUR USE OF OR YOUR INABILITY TO USE OUR SITE OR SITE SERVICES; B. DELAYS OR DISRUPTIONS IN OUR SITE OR SITE SERVICES; C. VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING, OR LINKING TO, OUR SITE OR SITE SERVICES; D. GLITCHES, BUGS, ERRORS, OR INACCURACIES OF ANY KIND IN OUR SITE OR SITE SERVICES; E. DAMAGE TO YOUR HARDWARE DEVICE FROM THE USE OF THE SITE OR SITE SERVICES; F. A SUSPENSION OR OTHER ACTION TAKEN WITH RESPECT TO YOUR ACCOUNT; G. YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE OR SITE SERVICES; AND H. YOUR INABILITY TO SECURE A JOB OR BEING RETAINED AFTER USING THE SITE OR SITE SERVICES ADDITIONALLY, IN NO EVENT WILL BYOB, OUR AFFILIATES, OUR LICENSORS, OR OUR THIRD-PARTY SERVICE PROVIDERS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR INDIRECT COSTS OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LITIGATION COSTS OR INABILITY TO SECURE JOB OPPORTUNITIES. THE LIABILITY OF BYOB, OUR AFFILIATES, OUR LICENSORS, AND OUR THIRD-PARTY SERVICE PROVIDERS TO ANY USER FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE OTHER TERMS OF SERVICE WILL NOT EXCEED INR 1000 (INDIAN RUPEES ONE THOUSAND). THESE LIMITATIONS WILL APPLY TO ANY LIABILITY, ARISING FROM ANY CAUSE OF ACTION WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE OTHER TERMS OF SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE. INDEMNIFICATION You will indemnify, defend, and hold us, our affiliates, our directors, our officers, our employees, our representatives, and our agents (“Indemnified Parties”) harmless from all Indemnified Claims and Indemnified Liabilities relating to or arising out of: (a) the use of the Site and Site Services by you or your agent(s); (b) failure to comply with the Terms of Service by you or your agent(s); (c) failure to comply with applicable law by you or your agent(s); (d) negligence, willful misconduct, or fraud by you or your agent(s); and (g) defamation, libel, violation of privacy rights, unfair competition, or infringement of intellectual property rights or allegations thereof caused by you or your agent(s). For the purposes of this Section, your agent(s) include(s) any person(s) who has/have an authority to access or use your account demonstrated by using your username and password.
AGREEMENT TERM AND TERMINATION TERM AND TERMINATION
These Terms of Service shall remain in full force and effect till the time you use the Site and Site Services. Unless both you and BYOB expressly agree otherwise, in writing, either of us may terminate this Agreement in our sole discretion, at any time, without explanation, upon written to the other, which will result in the termination of the Terms of Service, except as otherwise provided herein. You may provide written notice to email@example.com. In the event you properly terminate this Agreement, your right to use the Site and Site Services is automatically revoked, and your Account will be closed. If you attempt to terminate this Agreement while your order is in process, you agree that (a) you will continue to be bound by this Agreement and the Terms of Service until such order has been completed on the Site; (b) we will continue to perform Site Services necessary to complete any order; and (c) you will continue to be obligated to pay any amounts accrued and unpaid, as of the date of termination or as of the completion of order, whichever is later, to BYOB for any Site Services or such other amounts owed under the Terms of Service. Without limiting BYOB’s other rights or remedies, we may, but are not obligated to, temporarily or indefinitely revoke or limit access to the Site or Site Services, deny you registration, or permanently revoke your access to the Site and refuse to provide any or all Site Services to you if: (i) you breach the letter or spirit of any terms and conditions of this Agreement or any other provisions of the Terms of Service; (ii) we suspect or become aware that you have provided false or misleading information to us; (iii) we believe, in our sole discretion, that your actions may cause legal liability for BYOB; or may be contrary to the interest of the Site; or may involve illicit or illegal activity; or (iv) we are required to by law, legal process, or law enforcement. If your Account is temporarily or permanently closed, you may not use the Site under the same Account or a different Account or re-register under a new Account without BYOB’s prior written consent.
ACCOUNT DATA ON CLOSURE
Except as otherwise required by law, if your Account is closed for any reason, you will no longer have access to data, messages, files, or other material you keep on the Site and any closure of your Account may involve deletion of any content stored in your Account for which BYOB will have no liability whatsoever. BYOB, in its sole discretion and as permitted or required by law, may retain some or all of your Account information. SURVIVAL After this Agreement terminates, the terms of this Agreement and the other Terms of Service that expressly or by their nature contemplate performance after this Agreement terminates or expires will survive and continue in full force and effect. For instance, protection of intellectual property, indemnification, setting forth limitations of liability and payment of fees, reimbursement by their nature contemplate performance or observance after this Agreement terminates. Without limiting any other provisions of the Terms of Service, the termination of this Agreement for any reason will not release you or BYOB from any obligations incurred prior to termination of this Agreement or that thereafter may accrue in respect of any act or omission prior to such termination.
DISPUTES BETWEEN YOU AND BYOB DISPUTE PROCESS, ARBITRATION, AND SCOPE
INFORMAL DISPUTE RESOLUTION
Before serving a demand for arbitration of a Claim, you and BYOB agree to first notify each other of the Claim. You agree to notify BYOB of the Claim at firstname.lastname@example.org and BYOB agrees to provide to you a notice at your email address on file (in each case, a “Notice”). You and BYOB will then seek informal voluntary resolution of the Claim. Any Notice must include pertinent account information, a brief description of the Claim, and contact information, so that you or BYOB, as applicable, may evaluate the Claim and attempt to informally resolve the Claim. Both you and BYOB will have 60 days from the date of the receipt of the Notice to informally resolve the other party’s Claim, which, if successful, will avoid the need for further action.
This Arbitration Provision applies to all Users. In the unlikely event the parties are unable to resolve a Claim within 60 days of the receipt of the applicable Notice, you and BYOB agree to resolve the Claim by final and binding arbitration before an arbitrator. SCOPE OF ARBITRATION AGREEMENT AND CONDUCT OF ARBITRATION In the unlikely event that you and BYOB are unable to resolve a Claim within 60 days, such Claim shall be referred to and finally be resolved by arbitration in accordance with the rules framed by the Delhi International Arbitration Centre (“DIAC”) which rules are also deemed to be incorporated by reference in this clause. The seat and venue of the arbitration shall be New Delhi. The Arbitral Tribunal shall consist of a single arbitrator. The language of the arbitration shall be English, and all documents submitted to the arbitration shall be in their original form together with any English translations. You and BYOB agree that any arbitration award shall be final and biding upon you and BYOB and that obligations under this Agreement shall be carried on even in the event a dispute is referred to Arbitration. BYOB shall not be liable towards you for any consequential, incidental, special or punitive damages.
INTERPRETATION AND ENFORCEMENT OF THIS ARBITRATION PROVISION
This Arbitration Provision is the full and complete agreement relating to the formal resolution of Claims. Except as otherwise provided in this Arbitration Provision, this Arbitration Provision covers, and the arbitrator shall have exclusive jurisdiction to decide, all disputes arising out of or relating to the interpretation, enforcement, or application of this Arbitration Provision. In the event that any portion of this Arbitration Provision is deemed unenforceable, the remainder of this Arbitration Provision will be enforceable. GENERAL ENTIRE AGREEMENT This Agreement, together with the other Terms of Service, sets forth the entire agreement and understanding between you and BYOB relating to the subject matter hereof and thereof and cancels and supersedes any prior or contemporaneous discussions, agreements, representations, warranties, and other communications between you and us, written or oral, to the extent they relate in any way to the subject matter hereof and thereof. The Section headings in the Terms of Service are included for ease of reference only and have no binding effect. Even though BYOB drafted the Terms of Service, you represent that you had ample time to review and decide whether to agree to the Terms of Service. If an ambiguity or question of intent or interpretation of the Terms of Service arises, no presumption or burden of proof will arise favoring or disfavoring you or BYOB because of the authorship of any provision of the Terms of Service.
WAIVER No modification or amendment to the Terms of Service will be binding upon BYOB unless they are agreed in a written instrument signed by a duly authorized representative of BYOB or posted on the Site by BYOB. Email will not constitute a written instrument as contemplated by this Section. Our failure to act with respect to a breach by you does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.
User may not assign the Terms of Service, or any of its rights or obligations hereunder, without BYOB’s prior written consent in the form of a written instrument signed by a duly authorized representative of BYOB. BYOB may freely assign this Agreement and the other Terms of Service without User’s consent. Any attempted assignment or transfer in violation of this subsection will be null and void. Subject to the foregoing restrictions, the Terms of Service are binding upon and will inure to the benefit of the successors, heirs, and permitted assigns of the Parties. SEVERABILITY If and to the extent any provision of this Agreement or the other Terms of Service is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof will be ineffective to the extent of its illegality, invalidity, or unenforceability and will be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the Parties. NOTICES All notices and communications to BYOB shall be in writing, in English, and shall be delivered personally, by commercial messenger, by courier service or registered mail to the following address: Postal Address: Build Your Own Brand Private Limited D – 1063, 3rd Floor, New Friends Colony, Delhi -110025, India Any notice or communication to BYOB can also be sent to BYOB in writing, in English, on email@example.com and the same shall be deemed to be delivered to BYOB after 48 hours of delivery of such email notice or communication. Any notice of communication provided to you shall be on your email address on file and you agree and acknowledge that the same will be deemed to be delivered to you after 48 hours of delivery of such email notice or communication.
The Parties to this Agreement will not be responsible for the failure to perform, or any delay in performance of, any obligation hereunder for a reasonable period due to labor disturbances, accidents, fires, floods, telecommunications or internet failures, strikes, wars, riots, rebellions, pandemics, epidemics, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other conditions beyond the reasonable control of such Party.
PREVAILING LANGUAGE AND LOCATION
LICENSES AND THIRD-PARTY CONTENT BYOB’S PROVISION OF THE SITE AND LIMITED SITE LICENSE
YOUR OBLIGATIONS AND YOUR INDEMNIFICATION OF BYOB
When you post User Content on or through the Site or provide BYOB with User Content, you understand and acknowledge that you are solely responsible for such User Content. Further, you agree to only post or provide User content that does not violate the law or anyone’s rights (including intellectual property rights). You also represent that you have the right, power, and authority to grant the licenses specified below. You acknowledge and agree that the poster of User Content, and not BYOB, is responsible for any harm caused to anyone by such User Content. You will indemnify, defend, and hold BYOB, our directors, our officers, our employees, our representatives, and our agents (each an “Indemnified Party”) harmless from any and all claims, actions, suits, proceedings, damages, liabilities, costs, losses, and expenses (including attorneys’ fees) relating to or arising out of any User Content you post.
YOUR RIGHTS AND LICENSE TO BYOB AND OTHER SITE VISITORS
You retain all ownership rights in any User Content you post on BYOB. You also grant to BYOB and our successors a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content for use in connection with the Site and BYOB’s businesses. We have the right, without compensation to you or others, to serve ads near your User Content and information. Subject to choices you make within your BYOB Profile, we may also mention your use of a feature of the Services, along with your name or photo to promote that feature.
YOUR COMMENTS AND IDEAS
You may submit comments or ideas about the Services (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction, that it will not place us under any fiduciary, confidentiality or other obligation, and that we are free to use the Idea without any obligation of compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge and agree that, by acceptance of your submission, BYOB does not waive any rights to use similar or related ideas, including those known or developed by BYOB or obtained from sources other than you.
THIRD-PARTY INTELLECTUAL PROPERTY
The Site may contain links to third-party websites. The Site may also contain applications that allow you to access third-party websites via the Site. Such third-party websites or applications are owned and operated by the third parties and/or their licensors. The inclusion of any link or application on the Site does not imply that we endorse the linked site or application, and you use the links and third-party websites on an “as is” and “as available” basis at your own risk without any warranty from BYOB for any purpose.
COMPLAINTS ABOUT COPYRIGHTED CONTENT ON THE SITE
BYOB is committed to complying with Indian Copyright and related laws and requires all Site Visitors and Users to comply with these laws. Accordingly, you may not use the Site to store or disseminate any material or content in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by Indian Copyright law. If you are the owner of any copyrighted work and believe your rights under the Indian Copyright law have been infringed by any material on the Site, please write to us at firstname.lastname@example.org.
PERMITTED SITE USES
BYOB offers the Services for your personal use only. BYOB makes the Site and Site Services available for Users to build their own resume. In addition, certain Visitor Site Services may be used to provide and obtain general information that we believe may be of interest to Site Visitors and Users. While we try to ensure that any information we post is both timely and accurate, errors may appear from time to time. We do not make any representations or warranties with respect to informational materials posted on the Site and in no event should any content be relied on or construed as legal advice or otherwise. You should independently verify the accuracy of any content.
PROHIBITED SITE USES
You may not use, or encourage, promote, facilitate, instruct, induce, or otherwise influence or cause others: (1) to use the Site or Site Services for any activities that violate applicable law or for any other fraudulent or harmful purpose or (2) to transmit, store, display, distribute or otherwise make available content that is illegal, fraudulent or harmful to others. You are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing any content that: a. belongs to another person and to which you do not have any right; b. is harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever; c. harms minors in any way; d. infringes any patent, trademark, copyright or other proprietary rights; e. violates any law for the time being in force; f. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; g. impersonates or defames another person; h. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or i. threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation You are also prohibited from: a. violating or attempting to violate the integrity or security of BYOB; b. transmitting any information on or through BYOB that is disruptive or competitive to the provision of Site Services; c. intentionally submitting on BYOB, false or inaccurate information; d. using any engine, software, tool, agent or other mechanism (such as spiders, robots, deep-links, page-scrapes, avatars, worms, time bombs, easter eggs, cancel bots, intelligent agents, etc.) to navigate or search BYOB; e. attempting to decipher, decompile, disassemble or reverse engineer any part of BYOB, or attempting to create any derivate works of BYOB; f. copying, duplicating, broadcasting, transmitting or selling in any manner any of the content available on BYOB; g. attempting to gain unauthorized access to any portion or feature of BYOB, other systems, networks connected to BYOB, server, computer, network, or the Site Services offered on or through BYOB by hacking, password ‘mining’, or any other illegitimate means; h. making any negative, denigrating, or defamatory statement(s)/comment(s) about BYOB and/ or any brand name or domain name used by BYOB, or otherwise engage in any conduct or action that might tarnish the image or reputation of BYOB or any other Users; or i. forging headers or otherwise manipulating identifiers in order to disguise the origin of any message, transmittal you send through BYOB, or any Solutions offered on or through
BYOB ENFORCEMENT AND TERMINATION
REPORTING AND CORRECTING VIOLATIONS