By accessing this website, you have expressly agreed to the terms and conditions below and have agreed to be bound by them. These terms constitute the whole and complete contract between the user and BCP Associates for the use of our software and applications.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, STOP USING THE SITE IMMEDIATELY, CONTACT YOUR EMPLOYER TO DEACTIVATE YOU FROM THE COMPLIANCE PROGRAM.
Meaning of terms:
a) BCP Associates: The terms “BCP Associates”, “BCPA”, “US”, “WE”, “OUR” refers unequivocally to BCP Associates.
b) Website: The term “website” refers to this platform, the business application and/or system, the original website or any other website that is linked directly to this website, any portal, forum, blog, app or platform that relies on, integrates with or syncs with this website or any part hereof.
c) User: The term “user” or “user” or “you” shall refer to any person who has accessed our website, either directly or by virtue of him being employed in a company that is a client.
All and any other terms shall be deemed to have their ordinary meaning as would be attributable to them in a business environment within India.
1. Website and its Use:
1.1 BCPA owns and operates this Platform, website, any customized variation thereof and any sites we have now or in the future that reference these Terms and conditions (collectively, "Site"). By using the Site and BCPA’s services through the Site, you agree to these Terms and Conditions (defined below) and acknowledge that you will regularly visit the Terms and Conditions to familiarize yourself with any updates. The term "using" and “user” also includes and refers to any person or entity that orders it customization, accesses or uses the Site directly or through someone else, with robots, data mining or extraction tools or any other functionality not expressly covered by this definition but with the objective of using the site in any manner whatsoever.
1.2 The site is an exclusive compliance audit portal that is provided to you exclusively by your employer to review, view and download compliance related information for yourself and your vendors in the course of your employment and IS NOT a public website that is in the nature of an online legal advice provider or do-it yourself compliance tool or any other website that is deemed to be in public domain.
1.3 The Site is a platform through which employees of BCPA are able to analyze, articulate and showcase results of legal audits and Companies (clients) through their designated employees are able to view compliance audit reports of their respective companies, units, vendors and any other specific entities, as requested for by them.
1.4 Certain available features, appearance and layout on this Site may change at any time at BCPA’s sole discretion, without notice.
1.5 The Site, any content on the Site and the infrastructure used to provide the Site are proprietary to us, our affiliates and our designates. By using the Site and accepting these: (a) BCPA grants you a limited, personal, nontransferable, nonexclusive, revocable license to use the Site pursuant to these Terms and Conditions and to any additional terms and policies set forth by BCPA; and (b) you agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell or re-sell any content, software, products or services obtained from or through the Site without the express permission of BCPA.
1.6 BCPA retains the right, at our sole and absolute discretion, to refuse service or use of the Site or an account to anyone at any time and for any reason. While we use reasonable efforts to keep the Site and your account accessible, the Site and/or your account may be unavailable from time to time. You understand and agree that there may be interruptions in service or events, Site access or access to your account due to circumstances both within our control (Server downtime or routine maintenance) and outside of our control.
2. Use of this website:
2.1 As a condition of your use of the Site, you agree that:
• You are not in any way impaired to create a binding legal obligation;
• You have reached the age of majority, are of sound mind and have not been adjudged an insolvent;
• You are not barred from holding employment and participating in compliance related activity in your own capacity and on behalf of your employer;
• You will not attempt to use the Site with crawlers, robots, data mining or extraction tools or any other functionality;
• Your use of the Site will at all times comply with these Terms and conditions;
• We have the right to retain any and all information you submit to the Site, and you warrant that all such information is accurate, true, current and complete;
• You will update and correct information you have submitted to the Site and ensure that it is accurate at all times (out-of-date information may invalidate your account)
2.2 The Site may provide registered users and visitors various opportunities to submit or post reviews, opinions, advice, ratings, discussions, comments, messages, survey responses and other communications, as well as files, images, photographs, video, sound recordings, musical works, and any other content or material submitted or posted to the Site (collectively, "User Content") through forums, bulletin boards, discussion groups, chat rooms, surveys, blogs or other communication facilities that may be offered on, through, or in connection with the Site from time to time. You may be required to have a BCPA account to submit User Content.
2.3 If you contribute any User Content, you will not upload, post or otherwise make available on the Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. BCPA does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. In addition, if you contribute any User Content, you represent and warrant that: (a) you are the creator of the User Content; or (b) if you are acting on behalf of the creator, that you have (i) express, advance authority from the creator to submit or post the User Content, and that they have waived any moral rights in such User Content, and (ii) all rights necessary to grant the licenses and grants in these Terms of Use. You further represent and warrant (or, if you are acting on behalf of the creator of the User Content, you have ensured that the creator represents and warrants) that the use and sharing of the User Content for the purposes you have selected will not violate or infringe any copyrights, trademarks or any other intellectual property rights or rights of third parties, including, without limitation, the rights of publicity or privacy.
2.4 You represent and warrant that you will not upload, post, transmit or otherwise make available User Content that is unlawful, harmful, tortious, threatening, abusive, harassing, hateful, racist, infringing, pornographic, obscene, violent, misleading, defamatory or libelous, invasive of the privacy of another person or violative of any third-party rights; and that you will not upload, post, transmit, or otherwise make available User Content that contains any material that harbors viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any software or computer equipment.
2.5 In some instances and from time to time, it may be possible to modify or remove the User Content submitted or posted through your account. BCPA makes no representations or warranties that the User Content you modify or remove will be modified or removed from the Site or elsewhere, or that the User Content will cease to appear on the Internet, in search engines, social media websites, or in any other form, media or technology.
2.6 License Grants:
Some User Content you submit to BCPA may be displayed or may give you the option to display in connection with your Personal Information, or a portion of your Personal Information, including, without limitation, but not limited to your name, company logo, username, image and location. You grant BCPA a royalty-free, perpetual, irrevocable, sub-licensable, fully paid-up, non-exclusive, transferrable, worldwide license and right to use, commercial use, display and distribute any Personal Information in connection with your User Content in accordance with these Terms of Use, including, without limitation, a right to offer for sale and to sell such rights in Personal Information, whether the User Content appears alone or as part of other works, and in any form, media or technology, whether now known or hereinafter developed, and to sublicense such rights through multiple tiers of sublicensees, all without compensation to you. However, BCPA shall have no obligation to use your Personal Information in connection with any User Content.
By contributing User Content or other information on or through the Site, you grant BCPA a royalty-free, perpetual, irrevocable, sub-licensable, fully paid-up, non-exclusive, transferrable, worldwide right and license to use, reproduce, create derivative works from, publish, edit, translate, distribute, perform, display, transmit, offer for sale and sell the User Content alone or as part of other works in any form, media or technology, whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sub-licensees and without compensation to you. You waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding the User Content that you may have under any applicable law under any legal theory. BCPA’s license in any User Content or Personal Information submitted includes, but is not limited to, use for promotions, advertising, marketing, market research, merchant feedback, quality control or any other lawful purpose.
3 Warranties
7.1 You expressly agree that use of the site is at your sole risk. None of BCPA, its subsidiaries or affiliates or any of their respective employees, agents, vendors, third-party content providers or licensors or any of their officers, directors, employees or agents, warrant that use of the site will be uninterrupted, secure, virus-free or error free, nor do they make any warranty as to (a) the results that may be obtained from use of the site, or (b) the accuracy, completeness or reliability of (i) the content on the site, including, without limitation, The site and all content, user content and other information contained on the site, any data accessible or available through the site, are made accessible or available on an “as is” and “as available” basis. To the extent allowed by applicable law, BCPA hereby disclaims any and all representations, warranties and conditions, whether express, implied, or statutory, as to the operation of the site or the content, user content or other information contained on the site or the data available through the site, including, without limitation, those of title, non-infringement, non-interference, merchantability, suitability and fitness for a particular purpose, as well as warranties implied from a course of performance or course of dealing.
4 Limitation of Liability
8.1 In no event shall BCPA, its subsidiaries or affiliates or any of their respective employees, officers, directors, agents, vendors, partners, third-party content providers or licensors, or any of their officers, directors, employees or agents, be liable for any indirect, incidental, special, consequential, lost profit, lost business, or punitive damages arising out of, related to, or in connection with any of the following: (a) your use of the site, the content, user content, including, without limitation, any personal information, and any other information either contained in the site or submitted by you to the site; (b) your inability to use the site; (c) modification or removal of content submitted on the site (f) these terms and conditions; or (g) any improper use of information you provide to the site, including, without limitation, any personal information.
8.2 In no event will there exist any liability on the part of BCPA in connection with a vendor offering, product, and other available programs for defective product, or service, any loss arising out of or in relation to such defect, or in relation to the quality, purpose of manufacture or any other implied or express warranty whatsoever.
5 Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to policies and these terms and conditions at any time. You will be subject to the policies and conditions in force at the time that you redeem/order goods, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
6 Intellectual property
11
11.1 This website contains copyrighted material, trademarks, and other proprietary information, including, without limitation, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright, trademark, and other intellectual property laws of various countries including India. BCPA owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works or in any way exploit any of the content, in whole or in part.
11.2 Except as otherwise expressly stated under copyright law, no downloading, copying, redistribution, retransmission, publication or commercial exploitation of the content without the express permission of BCPA or the copyright owner is permitted. If downloading, copying, redistribution, retransmission or publication of copyrighted material is permitted, you will make independent attribution and/or make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
11.3 BCPA owns trademarks, registered and unregistered, in many countries and "BCPA," the BCPA logos and variations thereof found on the Site are trademarks owned by BCPA, or its related entities and all use of these marks inures to the benefit of BCPA. Other marks on the site not owned by BCPA may be under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of BCPA unless otherwise stated, or may be the property of their respective owners. You may not use BCPA's name, logos, trademarks or brands, or trademarks or brands of others on the Site without BCPA's express permission.
7 Infringement Reporting Procedures
Infringement Reporting Procedures. If you own copyright, trademark, patent or other intellectual property rights (“IP Rights Owner”), or if you are an agent authorized to act on the IP Rights Owner’s behalf (“Authorized Agent”), and you have a good faith belief that material or products on the Site infringe the IP Rights Owner’s copyright, trademark, or other intellectual property right, and you would like to bring it to BCPA's attention, you can report your concern(s) by submitting your complaint here.
8 Privacy
We respect your privacy and treat the privacy of your personal data very seriously.
9 Indemnification
9.1 This website is intended for the reporting of compliance findings alone and no other purpose. This website does not certify compliance but merely represents opinion of auditors and their views in light of the documents submitted. BCPA does not warrant the authenticity of the content on the website and Client agrees to hold harmless BCPA in the event of any claims arising out of or during the course of the use of this website.
9.2 You agree to defend, indemnify and hold harmless BCPA, its subsidiaries and affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including, without limitation, lawyers fees, arising out of, related to, or in connection with any of the following: (a) any misconduct on your part by making use of data available on this site or misuse of this site; (b) any User Content submitted or posted by you, in connection with the Site, or any use of the Site in violation of these Terms and Condition or Terms of Use; (c) fraud you commit or your intentional misconduct or gross negligence; or (d) your violation of any applicable law or rights of a third-party.
9.3 You are solely responsible for your interactions with Vendors and their compliance users of the website. You hereby release BCPA from any and all claims or liability related to any product or service of a Vendor, regardless of whether such product or service is a Vendor Offering available through the Website, any action or inaction by a Vendor, including, without limitation, but not limited to any harm caused to you by action or inaction of a Vendor, a Vendor’s failure to comply with applicable law and/or failure to abide by the terms of a Vendor Offering or any other product or service purchased or obtained by you from the Vendor, and any conduct, speech or User Content, whether online or offline, of any other third-party.
10 Severability:
Should any term or condition in these Terms and Conditions, be construed to be illegal, unethical or opposed to public policy and be found to be inoperable for any reason whatsoever, such clause, article or term shall be struck down and these terms and condition shall survive and be applicable as if the said term, article or clause did not exist.
11 Force Majeure
BCPA will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. BCPA shall be excused from performance under these Terms and Conditions, to the extent it is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (c) quarantines or embargoes; (d) labor strikes; (e) error or disruption to major computer hardware or networks or software failures; or (g) other causes beyond the reasonable control of BCPA.
12 Governing law and Jurisdiction
These conditions are to be treated as part of one contract and are governed by and construed in accordance with the laws of India. You hereby agree to submit to the exclusive jurisdiction of the courts at Bangalore, Karnataka.
By accessing this webpage, you have expressly agreed to the terms and conditions below and have agreed to be bound by them as available on this website. These terms, constitute the whole and complete contract between the user and BCPA.