Bigfish Benefits (Breathe India Advisors Private Limited, a company incorporated under the
Companies Act 1956, and herein after referred in short
1. Acceptance of terms & conditions of 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
Your organization will provide your personal information to create the account and will have access to modify on need basis. Upon signing up to your account, you will be considered as user of the account and will have access to the website as per the role assigned to you by your organization. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Bigfish immediately of any unauthorized use of your account or any other breach of security. Bigfish will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge so long as the security or data breach is not attributable to any fraud, negligence, security breach, or misconduct on part of Bigfish. However, you could be held liable for losses incurred by Bigfish or another party due to unauthorized use of your account.
3. Site access
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
If you are an administrator on behalf of an organization that is a Bigfish customer, then you may
designate authorized users of 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
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.
4. Security of confidential information
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
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,
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.
5. Intellectual property rights & trademark
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,
Without limiting the foregoing paragraph, the name Bigfish, the Bigfish logo and all other
trademarks, logos, product and service names, designs and slogans (
6. International transfer of data
In the process of providing access to you, website and the Service may transfer Personal
Information that it collects from you
7. Prohibited uses
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:
i) Modify, alter or otherwise make any derivative uses of our content, trademarks,
technology platform or its underlying software, or any portion thereof.
ii) Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website or Mobile App.
iii) Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivatInfringe upon or violate the rights of Bigfish, its users or third parties;ive works from, transfer, or sell any information or software obtained from the Website or Mobile App.
iv) Infringe upon or violate the rights of Bigfish, its users or third parties.
v) Download, copy or imitate any portion of the Bigfish technology platform, its underlying software and content, or its user interface, or the Website, except as expressly permitted by us.
vi) Aggregate or scrape any content, data or other information from the Website to be aggregated or shown with material from other sites or on a secondary site without our express written permission;
vii) Hyperlink to the Website or deep-link to any portion of our Website without our written consent;
viii) Interfere with our Website
ix) Seek to transact any fraudulent or illegal activity, through any means or corrupt practices, including but not limited to any of the following: hacking, password mining, deceptive impersonation of another person, misrepresentation of your affiliation with a person or entity, hiding or attempting to hide your true identity or location (including via proxy server or otherwise) or providing false, inaccurate or altered documentation, information or identification;
x) Circumvent or seek to circumvent any security measures or other features meant to protect the security of the Website and the users
xii) Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents.
xiii) Conduct or forward surveys, contests, pyramid schemes or chain letters.
xiv) Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
xv) Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service.
xvi) Violate any applicable laws or regulations for the time being in force in or outside India.
Violate any provisions of these TOS. Under no circumstance shall Bigfish be liable for any consequential, indirect or remote loss that you or your friends and family may suffer.
8. Links to third party sites
Bigfish will contain links to other websites (
9. Disclaimer of warranties & limitation of liability
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 nonavailability 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
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
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.
12. Dispute resolution
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.