TERMS AND CONDITIONS
Updated Dec 14th, 2022
These Terms and Conditions (“Terms”) govern your access and use of the website located at www.bureau.id
”), and other products and services that have linked to these Terms (collectively, the “Services
), and any additional terms, addendums, or documents that may be specifically agreed to between the Parties, form the entire agreement between You (“User”, “you”, “your”) and Bureau Inc. (“Bureau”, “Company”, “we”, “us”,“our”). Bureau and You are collectively referred to as the “Parties” and individually as a “Party”, as the context may require.
1. Acceptance of Terms
- We grant you a limited, non-transferable, revocable, non-exclusive licence (without the right to sublicence) to access and use the Site in accordance with these Terms and the terms set out in any Related Contract.
The Site and Services are not targeted towards, nor intended for use by, anyone under the age of 18 (eighteen). If you are under the age of 18 (eighteen), or age of legal majority under applicable law, you may only use the Site and Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. By using the Site and Services offered through the Site, you represent and warrant that you (a) are 18 (eighteen) of age or older; (b) have not been previously suspended or removed from the Services; (c) do not have more than one online account with Bureau; and (d) have full power and authority to enter into this agreement and that, in doing so, you will not violate any other agreement to which you are a party.
- Certain features or Services offered on or through the Site may require you to open an account (including setting up an ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential.
- You agree to (a) provide accurate, current and complete information and permit Bureau to correct that information where it is known to be incorrect or incomplete; (b) maintain and promptly update your information; and (c) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to Bureau;
- You agree to notify us immediately at the ‘Contact Information’ under Clause 13.6 provided below if you know or have reasons to believe of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Bureau or any other User of or visitor to the Site due to someone else using your ID, password or account as a result of your failing to keep your account information secure and confidential.
- You may not use anyone else’s ID, password or account at any time without the express permission and consent of the holder of that ID, password or account. Bureau cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
- All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Bureau, and is protected by copyright, trademark, and other intellectual property laws
- You agree and acknowledge that you been given a limited right to access and use the Site and/or and have not acquired any legal rights in the intellectual property of the Company. No other rights with respect to the Site and Services or any related intellectual property rights belonging to Bureau are granted or implied.
- Except as expressly provided in these Terms, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Bureau’s express prior written consent.
- Any use of the Services or the Content other than as specifically authorized herein, without the prior written permission of Bureau, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws.
- All intellectual property in the Site and provision of Services, the present or future modifications/upgradations thereof and standard enhancements thereto shall remain the exclusive and absolute property of Bureau and its licensors.
5. Third-Party Content
Bureau may provide third party content on the Site and Services and may provide links to web pages and content of third parties (collectively, “Third-Party Content”).
Bureau does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that Bureau is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content. Users use such Third-Party Content contained therein at their own risk.
6. User Content
The information, text, photo, image, software, data, or other materials transmitted, uploaded, posted, emailed or otherwise made available to us (“User Content”), are entirely your responsibility and we will not be held responsible, in any manner whatsoever, in connection to the User Content. You agree to not encourage or assist or engage others as well as yourself in transmitting, hosting, displaying, uploading, modifying, publishing or sharing any information that:
- belongs to another person and to which the User does not have any right to;
- is harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, trolling, propoganda or otherwise unlawful in any manner;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Site;
You hereby agree to be responsible for all obligations regarding the accuracy, quality and legality of any information provided by, or on behalf of you.
7. Use of the Site
You must not use the Site in any way that causes, or is likely to cause, the Site or access to it to be interrupted, damaged or impaired in any way. You hereby agree to not use the Site, Services for any unlawful purpose including without limitation, the following:
- for any personal or non-commercial purpose;
- to solicit others to perform or participate in any unlawful acts;
- to violate any applicable laws;
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- to harm or damage our reputation;
- to upload or transmit viruses or any other type of malicious code that will affect the functionality or operation of the Website and/or Platform, our services and platforms;
- to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- to interfere with service to any other User, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “spamming”, “mail bombing” or “crashing”;
- to execute any form of network monitoring which will intercept data not intended for you;
- to collect or track the personal information of others;
- to spam, phish, pharm, pretext, spider, crawl, or scrape;
9. Representation and Warranties
You hereby represent and warrant that:
- You shall obtain the freely given specific and informed consent from the individual that is the subject of the Services (“Data Subject”), in accordance with applicable laws and rules made thereunder with respect to collection, processing, and transfer, storing and sharing of such personal information, as may be applicable;
- You have all licences, authorisations, consents and approvals necessary in order to use our Site and Services;
- You shall procure any software or applications which is required to use or view the Site or Services; and
- You shall provide all the necessary information and assistance to the Bureau to enable it to provide its Services in accordance with this Terms. You hereby acknowledge that Bureau’s ability to deliver the Services may depend upon the accuracy and timeliness of such information and assistance and the Bureau shall not be liable for any delay in the provision of Services.
- The Site is delivered to you on an “AS IS” and “AS AVAILABLE” basis. Bureau makes no representations regarding the use of or the result of the use/depiction of the Contents on the Site in terms of their correctness, accuracy, reliability, or otherwise.
- Bureau does not warrant that the Site or any content, service or feature of the site will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the Site will provide specific results.
- Bureau does not warrant that this Site or its server(s) will be free of viruses or contamination or other destructive features.
- TO THE EXTENT PERMITTED BY APPLICABLE LAW BUREAU DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BUREAU DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY BUREAU SERVICES.
- Bureau reserves the right to do any of the following, at any time, without notice: (a) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (b) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (c) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
11. Limitation of Liability
- Except where prohibited by law, in no event will Bureau be liable to you for any direct, indirect, consequential, exemplary, incidental or punitive damages, including but not limited to loss of profits, whether in an action in contract, tort or otherwise that result from the use of or inability to use the Site, Services, or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to the Company records, programs or the Site, or Services
- Notwithstanding the above, in no event shall the aggregate liability of Bureau whether in contract, warranty or tort (including negligence, whether active, passive or imputed) shall exceed the aggregate amount, which the Company has received from you for the Service in question.
You agree to indemnify and hold harmless Bureau, its officers, directors, employees, successors, and assigns against all losses, damages, liabilities, costs or expenses, including, without limitation, attorney’s fees and other costs of legal defense whether direct or indirect, that they, or any of them, may sustain or incur as a result of claims based upon your actions or inactions, which may result in any loss or liability to Bureau or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under the Terms, or arising out of your violation of any applicable laws, including but not limited to intellectual property rights.
You hereby agree that Bureau may in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (a) requests by law enforcement or other government agencies, (b) a request by you (self-initiated account deletions), (c) discontinuance or material modification of the Site or any service offered on or through the Site, or (d) unexpected technical issues or problems.
- Order of Precedence. Additional terms and conditions may apply in order for you to avail any additional or specific Services or to specific portions or features of the Platform, all of which terms are made a part of these Terms by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such Service or feature. If there is a conflict between these Terms and the terms posted for, or applicable to, a specific Service or a specific portion of the Platform, the latter terms governing such specific Service or specific portion of the Platform shall control your use thereof.
- Dispute Resolution and Jurisdiction. In the event any dispute or differences arises in connection with the interpretation, implementation or purported termination of this Agreement as specified above, the Parties shall attempt, in the first instance, to resolve such dispute through friendly consultations. If such dispute is not resolved within 30 (Thirty) days thereafter or such longer period as the Parties agree to in writing, then any Party may refer the dispute for resolution by arbitration in accordance with the provisions of this clause. All such disputes shall be referred to and finally resolved by arbitration in Mumbai, Maharashtra in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The dispute shall be settled by a sole arbitrator appointed mutually by the Parties. The language of the arbitration shall be English. When any dispute is under arbitration, except for the matters under dispute, the Parties shall continue to exercise their remaining respective rights and fulfill their remaining respective obligations under this Agreement to the extent practicable.
- The courts located at Maharashtra shall have exclusive jurisdiction to adjudicate upon the rights and obligations of the Parties under, or pursuant to, this Agreement.
- Waiver. No failure or delay in exercising any right hereunder shall constitute a waiver of such right. Except as otherwise provided, remedies provided herein are in addition to, and not exclusive of, any other remedies of a Party at law or in equity. If any provision of this Agreement is held by a court of competent jurisdiction or arbitrator to be contrary to law, such provision shall be modified by the court/arbitrator and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions shall remain in effect.
- Force Majeure. Neither Party shall be liable to the other for any delay or failure to perform hereunder (excluding payment obligations) due to a natural disaster, epidemic, pandemic, legal actions or decrees of governmental bodies or internet failures which (i) hinders, delays or prevents a Party in performing any of its obligations, and (ii) is beyond the control of, and without the fault or negligence of, such Party, and (iii) by the exercise of reasonable diligence such Party is unable to prevent or provide against (“Force Majeure Event”).
- Assignment. You shall not assign any of your rights or obligations under these Terms to any third party. Bureau shall be entitled to assign its rights and obligations under these Terms to its group companies or any third party.
- Contact Us. If you have any feedback, queries or concerns, please contact us: email@example.com