Scope and Applicability
2. It is expressly clarified that these Terms set out your rights and obligations for using the Platform and these Terms are in addition to and not in derogation of any other valid legal contract that you may have executed with Barraiser including, without limitation, contracts for availing Barraiser’s services.
3. Barraiser reserves all rights in relation to the Platform that are not expressly enumerated in these Terms.
Your Access to the Platform
4. You will only access and avail the services of the Platform as and under the Terms as informed by Barraiser, and subject to the payment of such consideration as set out in the Platform against each specific good and / or service or otherwise subject to any other written agreement executed between you and Barraiser, or Barraiser and a third-party in relation to your evaluation as a candidate.
5. You understand that all products and services, as offered by Barraiser, are not available in each territory throughout the world and, based on your geographic location, you may not be eligible for availing certain products and services offered by Barraiser on the Platform.
6. To access the Platform, you may be required to register yourself for the desired service as offered by Barraiser by submitting the relevant information which will vary basis the nature of service to be availed by you.
7. Submission of accurate and complete information is required to use the Platform. At all times, you are responsible for your passwords and for any use of your account(s) maintained on the Platform. Your username and password on the Platform are for your personal use only and you are responsible for maintaining the confidentiality of your account(s) and passwords and for restricting unauthorized access to your Devices. You hereby accept responsibility for all activities that occur under your account(s) and passwords on the Platform.
8. If you provide any information on the Platform that is inaccurate and / or incomplete or where Barraiser has reasonable grounds to suspect that such information is inaccurate and / or incomplete, Barraiser reserves the right to suspend or terminate your access to the Platform.
9. You are not authorised to commercially exploit the Platform for any reason whatsoever, unless and to the limited extent that it is expressly authorised by Barraiser under a valid contract.
10. You are not authorised to reproduce, duplicate, copy, reverse engineer, sell, resell or exploit any portion of the Platform and allow any unauthorised use of the Platform and / or facilitate third-party access to the Platform.
11. You may not scrape the Platform for spamming purposes.
12. You agree and understand that Barraiser reserves the right to refuse or restrict your access to the Platform and the goods and services therein.
13. To find more information about service offerings of Barraiser or if you need assistance or more information about the Platform, you may reach out to email@example.com.
Barraiser’s Intellectual Property and use of the Platform
14. You agree and understand that the test evaluation scores and evaluation reports created by Barraiser based on the information provided by you are the sole and absolute intellectual property of Barraiser. You and, or, a third-party interested in appointing you as an employee may purchase your evaluation scores and evaluation reports from Barraiser, subject to the payment of the applicable fees.
15. You agree and understand that nothing in these Terms shall be deemed to be construed as an assignment, transfer or novation of any intellectual property right belonging to, owned by and / or licensed by Barraiser including, amongst others, all content, trademarks, trade names, copyrights, designs, software and patents as published on the Platform. Barraiser will continue to hold all right, title and interest in all intellectual property in the Platform itself and any derivative works thereof. It is clarified that all third-party trademarks, brands, links and content on the Platform are the property of their respective owners.
16. Barraiser hereby grants you a limited, revocable, non-sublicensable, and non-exclusive license to access the Platform and the intellectual property of Barraiser as contained in the Platform, including, without limitation, all trade marks, copyrights, patents, software design etc.
17. You agree not to reproduce, distribute, sell, modify, display, perform, archive, publish, license, create derivative works from, offer for sale or use (except as expressly authorized under these Terms), or in any way exploit any part of any intellectual property or other information, content, materials and services of Barraiser made available to you on or through the Platform.
18. You agree not to circumvent, remove, degrade or deactivate any of the contents of the Platform and / or use any robot, spider, scraper or other means to access the Platform. You further agree not to decompile, reverse engineer and disassemble any software or other products or processes accessible through the Platform and not to insert any code or product or manipulate the content of the Platform in any way, or use any data mining, data gathering or extraction method on the Platform.
19. You agree not to use any product which modifies, changes, adds to, or subtracts from the source code, graphical user interface, structure, integration, look and feel, or features of the Platform. All such integrations must be authorised and routed by Barraiser only.
20. You agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of the Platform, or do any act which may adversely affect any third-party’s use of, and experience on, the Platform.
21. You will promptly notify Barraiser upon discovery of any unauthorised use or disclosure or any illegal use of the Platform and related intellectual property of Barraiser, whether intentional or unintentional, and will cooperate with Barraiser in every reasonable way to help regain possession thereof and to prevent its further unauthorized use.
22. Barraiser reserves the right to alter, modify and / or filter the content on Platform at any time.
Use of your Information by Barraiser
24. You hereby grant your consent to receive periodic communication and newsletters from Barraiser through text messages and e-mails in relation to Barraiser’s services being offered to you and other service offerings. You can unsubscribe / opt-out from receiving communications and newsletters related to other service offerings from Barraiser at any time.
25. Any feedback you provide to Barraiser in relation to our services will not be confidential, and Barraiser will be free to use such information on an unrestricted basis. You represent and warrant that your feedback does not contain any confidential or proprietary information and you are not entitled to any compensation or reimbursement of any kind from Barraiser for use of the information contained in the feedback under any circumstances.
26. In order to access or avail Barraiser’s services on the Platform and to create and maintain an account on the Platform you must be at least 18 years of age.
Termination of Licence and your access to the Platform
28. Your access to the Platform will be terminated further to any requests by authorized law enforcement and / or other government and regulatory agencies and authorities.
Warranties and Limitations
29. You understand that the Platform and the services offered by Barraiser thereon, including but not limited to the evaluation services, are offered on an ‘as is’ basis, and Barraiser takes no responsibility and makes no warranty that your evaluation will be accurate and / or to your satisfaction, and disclaims all implied warranties in connection with the same, including all implied warranties of merchantability or fitness for a particular purpose.
30. The use of the Platform is at your own risk and discretion. Barraiser and our subsidiaries, affiliates, officers, employees or licensors make no warranty that the Platform will meet your requirements and / or that the service will be uninterrupted, timely or error-free.
31. Barraiser does not make any representations or warranties on or about the accuracy and durability of the third-party vendor services offered to you through the Platform. Barraiser does not warrant, nor will be in any way responsible for the legality, efficacy, correctness or suitability of the privacy policies or of any other information related to or pertaining to the third-party vendors’ services. Barraiser assumes that you have reviewed the policies of these third-party vendors and that you are in agreement with the same.
33. You represent and warrant that all information and documents provided by you and any representations made by you, including but not limited to your name, e-mail address, and any other financial and banking related information are genuine, accurate and in compliance with all applicable laws.
34. To the extent permitted by applicable law, Barraiser and our subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable for any 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. your access to, use of, experience on, or inability to access or use the Platform;
b. your evaluation and scores as a candidate as evaluated on Barraiser’s Platform;
c. any act, conduct and / or omission of any third-party in relation to or through the Platform including without limitation, any malpractice, misrepresentation, defamation, sedition, offensive or illegal conduct of other users or third-parties; or
d. any unauthorized access, use or alteration of your intellectual property, image, transmissions, or any other proprietary content on the Platform.
35. All disputes, differences, claims and questions whatsoever, which may arise between You and Barraiser will be in the first place settled by mutual discussions to be concluded within 15 Business Days from the dispute being raised, failing which the same shall be referred to arbitration by a sole arbitrator in accordance with the provisions of the Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof for the time being in force. The arbitration shall be held in Bangalore and be conducted in English language.
36. We may from time to time change the Terms and / or implement new Terms and recommend that you periodically check these Terms for the most recent version of the Terms. Such changes will be effective immediately upon being published on the Platform. Your continued use of the Platform will indicate your acceptance of the last version of the Terms as published on such Platform. If you do not agree to the change(s) made to the Terms, you must immediately cease your use of the Platform.