Terms and Conditions
Last Updated: 14/05/2018
All customers and their allocated staff members to whom “Staff” access has been given have hereinafter been referred to as “Subscribers”. The said Subscribers along with those who post comments on our blog(s) and forum(s), casually browse through the Service or are members of our forum(s) have collectively been referred to as “Users”. All services that can be purchased through the Site using the Order Form have been hereinafter referred to as “Purchasable Services”. All information, designs, logos, sound files, graphics, data, marks, pictures and other files have hereinafter been referred to as “Content”. The content that has been provided by Users has been hereinafter referred to as “Your Content”. Your Content that has been submitted to Purchasable Services has hereinafter been referred to as “Your Application Data”.
For example, the data of Contacts submitted by you comes under Your Application Data. The copies of communications between Contacts and Subscribers come under Your Application Data. The Content submitted to our forum(s) and blog(s) come under Your Content.
We reserve the right to change and/ or modify any of the terms and conditions that have been mentioned in this instant Agreement. We also reserve the right to change policies and/ or guidelines with regards to the Service, at any point of time, at our sole discretion. All changes made by us to the said Agreement shall be prominently updated on this instant page. Any change to the Service shall also be prominently posted on the particular Service. If Users do not agree with any of the said changes, Users have the right to cancel their account with us without having to undergo any further obligations, save and except the amount that is due for the billing period before cancelling the account. If a User is being billed monthly, we shall prorate the account upto the nearest month-end after receiving a cancellation request from your end. Unless it has been otherwise specified, all changes and/ or modifications made to the said Site or the Service shall be effective immediately upon posting on the Site. Your continued use of the Service and the Site after such time shall comprise as your acceptance to the said changes and/ or modifications. We recommend you to review the said Agreement and the policy documents incorporated herein from time to time to keep yourself abreast of any and all changes. The said Agreement shall show the “last updated” date at the very top to help you determine if any changes have been made to the said Agreement. If you do not agree to the said amended Terms, you must stop using the Service with immediate effect and notify the concerned parties. For any further questions with regards to the Terms, please feel to email us at email@example.com.
The services offered by the Site are for your use only. You do not have the right to provide them to any third party(ies) or re-sell the said Service to anyone else.
2. Account Security and Registration Data
If you choose to register an account to the Service offered by the Site, you agree to (a) offer current, complete and accurate information as prompted by the registration forms of the said Service (hereinafter referred to as “Registration Data”); (b) take adequate steps to ensure the security of your password; (c) accept risks of unauthorized access to the Registration Data and/ or other information that is provided by you to the Site; and (d) promptly update and maintain your Registration Data. You are solely responsible for all activity that takes place on your Big Out Reach account as well as the charges that are incurred in the said account.
3. Taxes, Fees and Charges
All fees and charges that are levied for the use of our Services have been described on the Site. These fees are subject to change from time to time. If the Site changes the fees for any of its products that you have subscribed to, you will be given a prior 30 day notice to all such changes. Your continued use of the said Service after the said 30 day notice shall constitute as your agreement to the changed charges and fees that become effective from the date of change. Any and all changes to the said charges and feels shall not be applied to the billing period during which the said change takes place. You are responsible for the taxes that might be applicable to any fees in any applicable jurisdiction.
4. Ownership, Trademarks and Copyrights
Your Application Data is solely your property. You own the exclusive right, title and interest to any and all Your Application Data. The Site’s right to the remaining portions of Your Content is the limited license that has been granted to it through this Agreement. All such licenses have been described in the Sections 4 and 5 of this Agreement. The said licenses do not apply to Your Application Data.
Apart from Your Content, any and all software, Content and Service used to properly create and/ or operate the Services offered on this Site is the exclusive property of Big Out Reach and/ or its licensors. The same is protected by International Copyright laws and all rights to all such Content, Service and software are expressly reserved.
All trademarks, product names, logos, company names and registered trademarks that have been mentioned in the Service are a property of the respective owners. Any or all references to information, processes, products and/ or services from any supplier, retailer and/ or manufacturer, does not imply or constitute as endorsement, recommendation, or sponsorship thereof by the Site.
Your Content is your own responsibility. The Site does not have any liability or responsibility towards the same and it cannot be held liable for any loss or damage that Your Content might cause to other third parties or to yourself. Without the obligation of doing so, we have the absolute discretion to edit, remove and screen without any prior notice Your Content that has been posted on the Site or the Service, with the exception of your Application Data. We may do this for any reason and at any time and are not liable to justify our decisions. You are solely responsible for replacing and/ or maintaining copies of Your Content posted on the Site or the Service.
5. Your Limited Licence to Your User Content to Big Out Reach
We don’t claim any rights or ownership interests when it comes to Your Application Data. We do not claim any rights ownership interests in the remaining sections of Your Content. However, we do claim the right to use Your Content and Your Application Data to the extent required to operate our Service at the present time and in the future. For example, if you choose to post comments on our forum(s) and/ or blog(s), we do claim the right to display Your Content on the said Service and the right to sublicense Your Content to other Users to allow them to view it.
With the exception of Your Application Data, you offer the following rights and/ or ownership interests when you post or distribute User Content using the Service or the Site. (a) You grant us, our subsidiaries and our affiliates a non-exclusive, transferable and royalty-free right to perform, display, use, reproduce, create derivative works, adapt, modify, publish and translate Your Content, for the purpose and in the manner in which the Service uses all such Content from time to time. (b) You warrant and represent that, (i) You control and own all rights to the Content posted or otherwise distributed by you or have the lawful right to distribute and/ or post such Content using the Service or to the Service; (ii) You undertake to ensure that the posting or use of such Content will not violate this Agreement, not cause any injury to any entity or person and will not violate any rights.
If Your Content has been intended for the use of other Users on the Site, you agree to grant the Site, its subsidiaries and/ or affiliates a transferable, royalty-free and non-exclusive right to sublicense all such Cotnent to the Users for their intended use related to the Service as has been described in the Section 4 of this Agreement. All such licenses offered by you are non-exclusive in nature and you have the right to use Your Content in other forums. All such licenses are royalty-free and we are not required to pay you anything for the use of Your Content. All such rights are transferable and we reserve the right to transfer all such licenses to successor operators of the Service, if any.
6. Our Limited License of Content offered to you
Big Out Reach offers you a revocable, non-sublicensable, limited and non-exclusive license to access the Site and the Service and/ or copy, view and print sections of the Content that are available to you on the Service. All such licenses are subject to the Terms mentioned in this Agreement and conditioned to the following; (a) you are only allowed to view, print and copy portions of such Content for your own personal use; (b) you agree to not modify or make derivative works of the Content or Service; (iii) you agree to refrain from distributing, reproducing or displaying (except for page cacheing) any such Content or Service, save and except as indicated and permitted in this Agreement; (iv) you agree to refrain from modifying and/ or removing any proprietary notices, trademark or copyright that are mentioned or placed in the Content; (v) you agree to not use the Content, the Site or the Service for anything other than the intended use; (vi) you agree not to use robots, data mining or similar data extraction and/ or data gathering processes.
Save and except as permitted hereinabove, any use of any portion of the Content, without the prior written permission from the owner, is strictly prohibited. Doing so will terminate the license granted in this Agreement as well as terminate your Account with the Site. Any unauthorized use of such Content might also violate any and all applicable laws, including but without limiting to, copyright laws and trademark laws. Unless otherwise mentioned herein, none of these Terms can be constructed as the conferring of intellectual property rights or licenses, whether through implication or estoppels or otherwise. The licenses offered in this section can be revoked at any point of time by the Site without any prior notice.
You warrant and represent that your use of the Site and the Content shall be consistent with the license in this Agreement and shall not violate or infringe the rights of any third party and shall not breach any legal duty to another party, any contract and shall not violate any applicable laws. You may contact the Site at the address set out in this Agreement.
7. Usage Limits
Your login can only be used by a single person. A single login cannot be shared by multiple people and the same is expressly prohibited.
8. Use of Interactive Areas, the Site and the Service
The Service can expand over time to consist bulletin boards, forums, review services, and/ or other forums where you or other third parties post reviews, messages, other items, content and/ or materials (hereinafter referred to as “Interactive Areas”). If the Site offers you with such Interactive Areas, you must use them at your own risk. Your Content that is submitted to any public area or Service shall be considered non-confidential. By using these Interactive Areas, you agree to not upload, post, distribute, create, store, transmit and/ or publish through the service the following.
(i) Content that shall encourage, constitute or provide instructions that would lead to or provoke a criminal offense, violate the rights of any third party, otherwise create liability or violate any local, state, national and/ or international laws.
(ii) Messages, information, data, sound, music, graphics, text, code and/ or photo that is defamatory, unlawful, indecent, obscene, libellous, lewd, pornographic, harassing, invasive, threatening, abusive, fraudulent, inflammatory, suggestive, invasive of privacy, invasive of public rights and/ or otherwise objectionable.
(iii) Unsolicited political campaigning, promotions, solicitations and/ or advertising.
(iv) Content that might infringe any trade secret, patent, copyright, trademark and/ or any proprietary right or intellectual right.
(v) Post the private information of any third party, including but without limiting to, phone numbers, email addresses, addresses, financial information or other personal information, unless the concerned party has expressly consented to the said use.
(vi) Content that is unrelated to the topic mentioned in the Interactive Areas in which such Content is being posted.
(vii) Content that impersonates an entity or any person or otherwise misrepresents your interaction and/ or affiliation with another entity or person.
(viii) Virus, disruptive files, corrupted data and/ or destructive files.
(ix) Content that is objectionable in the sole judgment of the Site, inhibits or restricts other person(s) from enjoying or using the Interactive Areas, or expose the Site and/ or its Users, subsidiaries and affiliates to any type of liability or harm.
(x) Sample Content that can be publish on our blog to show our clients.
The Site also follows a zero tolerance policy towards Spam. You are prohibited from using the Interactive Areas or the Service to send commercial or third party messages if such messages have not been welcomed, authorized and/ or solicited by the concerned third party. You must ensure that your use of the Site or the Service complies with all applicable laws and the conditions set forth in this Agreement, including the laws that apply to Spam jurisdiction and marketing practices.
Any use of the Interactive Areas or other sections of the Site in violation of the Terms set forth in this Agreement may result in, including but not limited to, suspension or termination of your rights to use the Service and/ or Interactive Areas.
9. Providing Reliable and Secure Services
You might have noticed that the Site takes security and reliability extremely seriously. The Site puts in a lot of effort in ensuring that the Service operates at all material times and that it offers a secure environment for Users to store their data. Big Out Reach uses reliable security technologies and hosting services to offer Users with a safe and secure environment. We do not store credit card information in our servers. We depend on secure processors that are PCI Data Security Standard complaint. When you transmit the information using the servers, all information are protected using 128 bit SSL certificates.
Unfortunately, no technology is completely safe and the internet is generally an insecure medium. As a result, the reliability of internet intermediaries, service providers and hosting services cannot be guaranteed to Users. You undertake that when you use the Site and its Service, you accept all risks as well as responsibilities of working with such systems and technologies.
10. Links to Other Sites
The Service may contain third party links from time to time as well as third party content as a Service to anyone interested in such information. Users agree to visit third party content and websites at their own risk. Big Out Reach does not monitor the activity of these sites and it does not have any control over these sites. We make no claim or representation with regards to third party content and third party websites and the placement of such content on the Site does not constitute of our adoption, endorsement, affiliation and/ or sponsorship to the same. The Site does not accept any responsibility for updating or reviewing the policies, content, services, nature or reliability of such content or websites. When you leave the Site to visit these websites, our terms and policies no longer govern your activities. We request you to ensure that you browse through the terms and policies of these sites before using them or making any transactions with them.
11. Promotions and Advertisements
Big Out Reach may choose to run promotions and advertisements from third parties on the Site from time to time. Your dealings and interactions along with any representations, warranties, conditions or terms set forth by these third parties are solely between you and the concerned third party. We are not liable for any loss or damage incurred as a result of any such dealings or as a result of the presence of third-party advertisers.
12. Warranty Disclaimer
Big Out Reach offers you an “as is” Service without any warranties of any kind or any nature, either implied or expressed. We disclaim all warranties, implied or express, including but not limiting to, fitness for particular purposes, merchantability, non-infringement and title. We do not represent or undertake to ensure that the Content is current, accurate, reliable, complete, error-free and we expressly disclaim any representation or warranty with regards to the proprietary character or accuracy of the Site, the Content or the Service. We attempt to make your use of the Site as safe and convenient as possible, but we do not guarantee, warrant or represent that the Content or the Service is free from harmful components or viruses.
13. Indemnity and Limitation of Liability
You agree to waive off and not assert any allegations or any claims of any nature whatsoever against Big Out Reach, its sponsors, affiliates, subsidiaries, vendors, advertisers, other partners, successors, representative officers, assigns, agents, directors and/or employees (hereinafter referred to as “Released Parties”) that may arise out of your use of the Service or the Content, including but not limited to, allegations or claims with regards to infringement of proprietary rights, allegations of Released Parties should or must imdemnify and/ or allegations of alleged inaccuracy of Content. You further agree to defend and/ or hold harmless the Site and the Service from any third party claim that might arise out of your use or exploitation of the Site or the Service. You further agree to use the Site and the Service at your own risk.
Without limiting the foregoing, none of the Released Parties nor the Site shall be liable for any indirect, direct, consequential or special damages, or any other damages of any kind, including but not limited to, loss of data, loss of profits, loss of use, whether in a tort, contract or otherwise, arising out of or due to your use of the Content, the Site and/ or the Service or due to the information obtained from the Site, the Released Parties or accessed via the Service or due to errors, mistakes, errors, deletion of files, loss of emails, interruption, viruses, delays in operation, defects, delay in transmission and/ or failure in performance, whether due to theft, an act of god, communication failure, unauthorized access or destruction to the Site or the Service or the Released Parties’ programs and records.
Under no circumstances, shall the liability of Big Out Reach, whether in tort, contract, warranty, (including negligence, whether imputed, active or passive), strict liability, product liability, or any other theory that arises out of the use of the Service shall exceed the total compensation paid by you to access or use the Site or Service during the prior three months, from the date of any such claim.
You undertake to hold harmless, defend and indemnify Big Out Reach and all Released Parties from loss, liabilities, damages, claims, expenses, proceedings and/ or costs that arise out of your use of the Site or the Service. If you are a Subscriber, you agree to hold harmless, defend and indemnify Big Out Reach from the use of the Service by any person to whom you offer access to your account, including any claims made by any other person with regards to any Your Content infringements on rights, including intellectual property rights and including third party rights.
All notices for Users, save and except the notice of amendments to this Agreement, may be provided to you in any of the following ways. (a) We may choose to email you the changes to the email address offered by you in the Registration Data; (b) We may choose to post a notice to the dashboard area of your account on the Site, (c) We may choose to post the data on any other place on the Site. You agree to periodically review the Site for any such notices.