Bigfish Benefits (Breathe India Advisors Private Limited, a company incorporated under the Companies Act 1956, and herein after referred in short “Bigfish”. (“Bigfish”, “we,” “us,” and/or “our”). For Bigfish, registered users, the website, together with Bigfish mobile app (the “App”) and application programming interface (the “API”) all together referred as Service, also provides a platform and tools for using the Service and is considered a part of the Service.
Bigfish provides the website and the Service, including the APP, the API and any functionality services offered on or through the website and the Service, to you subject to these Terms and Conditions of Service (this “TOS”). This TOS includes Bigfish Privacy Policy, which explains how Bigfish collects, uses and protects data from visitors to the website and users of the Service. If you do not agree with any part of this TOS, you may not use the website or the Service in any way. Your use of the website indicates your acceptance of this TOS. Use of the App and certain portions of the website are only available to Bigfish registered users. If you are a Bigfish registered user, your use of the Site and the Service is conditioned on your acceptance of these TOS. For the purpose of this Agreement, the term, “Personal Information” shall mean and include, without limitation, personal details such as name, age, address, and employment details and such Personal Information may also include passwords, details of bank account, credit card, or debit card or other details of payment instrument (collectively, “Financial Information”) as may be obtained from you for facilitating online payments during your usage of the website. If your organization has entered into a commercial agreement with Bigfish, including any agreement or addendum related to the protection of personal data (a “Customer Agreement”), then (i) the terms of the Customer Agreement govern the relationship between your organization and Bigfish, and this TOS governs your individual use of the Site and the Service, and (ii) if there is any conflict between this TOS and the Customer Agreement, the Customer Agreement will take precedence over this TOS.
Bigfish makes available to its customers and their users from time to time application programming interfaces, browser or other application plugins and related documentation and other related materials, which may include sample code (collectively, the “API”). If you are a registered user, or an administrator or developer on behalf of an organization that is a Bigfish customer, then you may use the API for your or such customer’s internal business purposes to develop or enable web or other software services or applications (“Integrations”) that will communicate and interoperate with the Service. Notwithstanding anything in this TOS or other agreement between you or your organization and Bigfish to the contrary, the API is provided “as is,” and Bigfish makes no representation or warranty of any kind in connection with the API, including without limitation any representation or warranty that the API, Integrations, or any products or results of the use of the API or Integrations will meet your or your organization’s requirements, achieve any intended result, be compatible or work with any of your or your organization’s or any third party’s software, systems or other services.If you are an administrator on behalf of an organization that is a Bigfish customer, then you may designate authorized users of your organization’s account, and by using the Site and the Service, you confirm that you are authorized by your organization to do so. Those authorized users will have the ability to access your organization’s account and to take any actions that users are authorized to take under this TOS and any applicable Customer Agreement. If you establish or are given a user account as an employee or contractor of an organization that has a Customer Agreement with Bigfish, you represent that you are authorized by your organization to do so, and you agree to use the Site and the Service solely as authorized by your organization.To access the certain areas of the website and the Service, you may be asked or required to provide certain registration details or other information. It is a condition of your use of the Site and the Service that all such details and information that you provide be correct, current and complete. You expressly agree that all information you provide to register with Bigfish is subject to the terms of Bigfish’s Privacy Policy, and you consent to all actions we take with respect to your information consistent with Bigfish’s Privacy Policy.If you choose or are provided with a user name, password or any other information as part of the security features of the Site or the Service, you agree to treat such information as confidential, and you agree not to disclose it to any other person or entity. You user account, if applicable, is personal to you, and you agree not to provide any other person with access to the Site or the Service through your user account. You agree to notify Bigfish immediately if you become aware of any unauthorized access or use of your user name, password or other security information.Bigfish reserves the right to bar access to the site and the service by any unauthorized user, or any user who Bigfish has reason to believe is in breach of this TOS.
Bigfish makes available to its customers and their users from time to time application programming interfaces, browser or other application plugins and related documentation and other related materials, which may include sample code (collectively, the “API”). If you are a registered user, or an administrator or developer on behalf of an organization that is a Bigfish customer, then you may use the API for your or such customer’s internal business purposes to develop or enable web or other software services or applications (“Integrations”) that will communicate and interoperate with the Service. Notwithstanding anything in this TOS or other agreement between you or your organization and Bigfish to the contrary, the API is provided “as is,” and Bigfish makes no representation or warranty of any kind in connection with the API, including without limitation any representation or warranty that the API, Integrations, or any products or results of the use of the API or Integrations will meet your or your organization’s requirements, achieve any intended result, be compatible or work with any of your or your organization’s or any third party’s software, systems or other services.If you are an administrator on behalf of an organization that is a Bigfish customer, then you may designate authorized users of your organization’s account, and by using the Site and the Service, you confirm that you are authorized by your organization to do so. Those authorized users will have the ability to access your organization’s account and to take any actions that users are authorized to take under this TOS and any applicable Customer Agreement. If you establish or are given a user account as an employee or contractor of an organization that has a Customer Agreement with Bigfish, you represent that you are authorized by your organization to do so, and you agree to use the Site and the Service solely as authorized by your organization.To access the certain areas of the website and the Service, you may be asked or required to provide certain registration details or other information. It is a condition of your use of the Site and the Service that all such details and information that you provide be correct, current and complete. You expressly agree that all information you provide to register with Bigfish is subject to the terms of Bigfish’s Privacy Policy, and you consent to all actions we take with respect to your information consistent with Bigfish’s Privacy Policy.If you choose or are provided with a user name, password or any other information as part of the security features of the Site or the Service, you agree to treat such information as confidential, and you agree not to disclose it to any other person or entity. You user account, if applicable, is personal to you, and you agree not to provide any other person with access to the Site or the Service through your user account. You agree to notify Bigfish immediately if you become aware of any unauthorized access or use of your user name, password or other security information.Bigfish reserves the right to bar access to the site and the service by any unauthorized user, or any user who Bigfish has reason to believe is in breach of this TOS.
Personal Information submitted by you or collected from your organization, whether on or through this website or otherwise and other information collected from you for the purpose of providing access to website shall be securely stored on servers hosted by a reputed Internet Service Provider (“ISP”) for a period of active contract meeting the prescribed industry security standards. Your personal information shall not be disclosed in any circumstances except pursuant to a valid and subsisting order of a court or other judicial, quasi judicial or government body under applicable laws.Bigfish may use certain technical information, including, inter alia, log data, analytics code, etc. that you do not visibly enter and which are automatically collected during your access or use of the website, such as, IP address, version and identification number of the device, browser type, browser language, date and time of your requests to obtain vital statistics regarding your usages of the website, enhance your experience and interface, increase the efficiency of the website, perform software verification and administration.Bigfish may use certain technical information, inter alia, log data, analytics code, that you do not visibly enter and which are automatically collected during your access or use of the Web site, such as, IP address, version and identification number of the device, browser type, browser language, date and time of your requests, your Bigfish profile, links in this application visited by you, search terms used in Bigfish application, that is not associated with or linked to your personal data and which, by itself, does not permit the identification of an individual user (collectively, “Anonymous Data”) or share such Anonymous Data with its affiliated entities or other third parties on need to know basis to obtain vital statistics regarding your usages of the Web Site, enhance your experience and interface, increase the efficiency of the Web site, conduct surveys, perform software verification and administration. You can refuse to the use of cookies on the Website and app permissions on mobile; however please note that in such case the full functionality of this Web site/ mobile app may not be used.Bigfish is committed to protect the security of your Personal Information and uses reasonable efforts and security measures, including, a variety of security technologies and procedures to help protect such information from any unauthorized access, use or disclosure. However, the website shall not be liable for retaining your Personal Information beyond a period of 1 day from the date of deactivation of the contract.
Except as otherwise expressly stated in this TOS, the website and the Service, and all the information, images, logos, trade names, domain names, service marks and other materials on this website, including, inter alia, object code, source code, design, layout, user interface, and look and feel of the website (collectively, “Intellectual Property”) are the exclusive intellectual property of Bigfish or respective third parties and are subject to protection by intellectual property laws of India and other jurisdictions to which it may extend. No right, title or interest in or to the site or any part of the service is transferred to you, and all rights not expressly granted to you in this TOS are reserved by Bigfish. Bigfish’s Intellectual Property shall not be used in connection with any purpose other than performing activities on website and matters incidental thereto. Unless otherwise specified, the website is for your official and non-commercial usage only. You will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Intellectual Property obtained from the website.Without limiting the foregoing paragraph, the name Bigfish, the Bigfish logo and all other trademarks, logos, product and service names, designs and slogans (“Marks”) displayed on the website or through the Service are trademarks of Bigfish or its licensors. You must not use any Marks for any purpose without prior, written permission from Bigfish or its applicable licensor.
In the process of providing access to you, website and the Service may transfer Personal Information that it collects from you/your organization to affiliated entities across borders on need to know basis with an obligation to maintain Your Personal Information confidential for the limited purpose of upkeeping and maintaining the website. By using this website, you hereby consent to transfer of your Personal Information across countries or jurisdictions which shall abide by the rules governing such international data transfers. You consent to Bigfish sharing Personal Data to such affiliated entities or other third parties across countries or jurisdictions approved by your Organisation.
7.1 You agree and undertake to use the Website and the Service only to access information regarding Bigfish including the products and services provided by us. By way of example, and not as a limitation, you agree and undertake that when using the Website and the Service, you will not:
7.2 Objectionable Content: You are not permitted to and agree not to post any User Content to the Service that is or could be interpreted to be (i) abusive, bullying, defamatory, harassing, harmful, hateful, inaccurate, infringing, objectionable, obscene, offensive, shocking, unlawful, vulgar or in violation of any applicable laws, or (ii) promoting any product, good or service, or bigotry, discrimination, hated, intolerance, racism or inciting violence (collectively “Objectionable Content”). The posting of any objectionable Content may subject you to third party claims and none of the rights granted to you in this agreement, may be raised as a defence against any third party claims arising from your Posting of Objectionable Content.
If you counter any Objectionable Content on the App, or website, please immediately email Bigfish on support@bigfishbenefits.com or inform us through helpdesk on the app.
You acknowledge and agree that Bigfish provides you the ability to report Objectionable Content as a courtesy and Bigfish has no obligation to remove or take any other action with respect to any Objectionable Content on the Service that you report to us. However, Bigfish on its sole discretion may take appropriate action against any User who posts Objectionable Content including but not limited to warning the User, suspending the user’s account and reporting to the user’s organisation.
Under no circumstance shall Bigfish be liable for any consequential, indirect or remote loss that you or your friends and family may suffer.
Bigfish will contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Bigfish, and Bigfish is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Bigfish is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. In the event that by accessing the Website or following links to third-party websites you are exposed to content that you consider offensive or inappropriate, your only recourse will be to stop using the Website.
Bigfish has endeavoured to ensure that all the information on the Website and the Services is correct, but Bigfish neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. In no event shall Bigfish be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages. Neither shall Bigfish be responsible for the delay or inability to use the Website and the Service or related Functionalities, the provision of or failure to provide Functionalities, or for any information, software, products, Functionalities and related graphics obtained through the Website, or otherwise arising out of the use of the website and the Service, whether based on contract, tort, negligence, strict liability or otherwise. Further, Bigfish shall not be held responsible for non-availability of the Website and the Service during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond Bigfish’s control. Bigfish will use commercially reasonable efforts consistent with prevailing industry standards to maintain the site and the services in a manner which seeks to minimize errors and interruptions to the services. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
You agree to defend, indemnify and hold harmless Bigfish (and its officers, directors, employees, agents, affiliates, contractors, licensors, suppliers, successors and assigns) from and against any claims, demands, liabilities, damages, judgements, awards, losses, costs (including reasonable attorneys’ fees), arising out of or relating to your breach of this TOS, including, but not limited to, your User Content, your violation of any applicable law or the rights of a third party, or your use of the Site or the Service other than as expressly authorized by Bigfish.
The terms and use of the website shall be exclusively governed by the laws of India and the courts in New Delhi shall have the exclusive jurisdiction over such matters. Bigfish hereby expressly disclaims any implied warranties or liabilities imputed by the laws of any other jurisdiction.
Any dispute arising out of or in connection with this Agreement, including, inter alia, any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996 and the rules made thereunder. The decision of the majority of the arbitrators shall be final and binding on the parties. The seat and venue of the arbitration shall be Mumbai, India.
If any of the above conditions in this Agreement is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of the remaining Agreement.
