BDA's goal is to get market participants of business services together. BDA's webpage facilitates customers in finding potential service suppliers, and by delivering feedback of those businesses, in order to accomplish our goal. We also help service providers promote their businesses and programs. BDA is referred to as "we," "us," and "our" (Address). Users who access the BDA webpage ("Web") and/or offer output to BDA through the Webpage, email, cell phone, or any other means are referred to as "you," "users," "customers," or "service providers."
You reflect that you have the right to attach such organization and its members to the Terms as you are entered into these Agreements on account of a corporation or other corporate entity. In that instance, the words "you" or "your" apply to the organization in question, as well as all of its associates. Do not use the Services or disclose data to BDA if you do not have such jurisdiction or if you do not agree to any of these Clauses.
Refer to this tab on a regular basis to revisit the most recent edition of the Terms. We retain the right to amend or alter the Terms at any moment, at our own authority, and your continuing subscription to or use of the Services signals your approval of the amended or changed Terms.
We reserve the right to refuse someone sole rights to the Services we provide at any point and for any cause, along with, but not confined to, for violating these Terms.
To access the Services, you must be at least 18 years old, as well as to sign up for an account, use the Webpage, and post feedback or other Online Services (as described below).
You will be given the option to build a BDA profile as result of the use of such Services. You are accountable for your profile and consent to submit correct, present, and full details at the time of enrollment and at all stages afterwards. BDA retains the right to decline to hold accounts for or offer services to any person at its personal capacity. If any data submitted during the screening procedure or at any other point appears to be incorrect, not valid, or insufficient, BDA retains the power to cancel or revoke your profile. Your login credentials, as well as the protection and reliability of your account records, are your responsibility. Any improper use of your profile will be reported to BDA instantaneously. BDA cannot and will not be held responsible for any damage or harm resulting from the inability to follow this provision to the letter.
Use of the Services by You. You consent to undertake the foregoing as a consequence of using the Services:
You are solely responsible for the content that you publish.
The Services may allow you to deliver, send, publish, embed, or alternatively render accessible content such as feedback, comments, notes, and other content (collaboratively, "submit") through the Webpage, email, mobile, opinion campaign, or other means (cooperatively, "submit") that may or may not be accessible by other clients (jointly, "User Content").
You understand and accept that the User Content you send is entirely your responsibility. It is not possible to remove User Content after it has been uploaded. You must apply correct and up-to-date User Material. You represent and warrant that you have the necessary rights to apply, use, or propagate such User Content without infringing on the rights of any third parties.
You are solely responsible for all User Content you send, or anybody else's dependence on it. If you upload User Content that is misleading, deceptive, slanderous, breaches any third-party privilege or conditional constraint, or includes unconstitutional information, you will be held liable. You promise to reimburse, protect, and leave BDA clear against any and all lawsuits arising from User Content you upload, along with but not restricted to infringement allegations. We retain the right to claim sole protection and oversight over all such conflicts at our own risk, and in any case, you will comply with us in enforcing any possible protections.
You hereby approve and recognize that we reserve the right, at our personal capacity, to deny, transfer, edit, or delete any User Content submitted to the Services for any cause or no cause, but that we do not feel any duty to do so. For instance, we can delete a review if we suspect it violates our Review Standards in our absolute discretion. BDA is in no duty to keep or send backups of User Content to you.
You understand and accept that we do not check, enforce, amend, or approve User Content, and that you must assess and accommodate all hazards connected with its usage or dependence. Any acknowledgement of goods, facilities, procedures, or other detail on the Services, whether by brand names, trademark, seller, provider, or otherwise, and any rating on the Services does not mean BDA's encouragement or suggestion. User Content and ratings are based on third-party views and can include discrepancies. BDA offers no representations or warranties about the consistency, authenticity, or durability of any User Content or rankings found on the Services. You also acknowledge that by using the Services, you can be subject to User Content that is inappropriate or unacceptable to you.
BDA may offer offers from period to period to motivate users to post feedback. The existence of those rewards is unaffected by whether the evaluation is favorable or unfavorable. BDA is not required to impose the Conditions on your part. If you think another person has run afoul, you can inform BDA; moreover, BDA retains the right, in its absolute discretion, to inspect and implement the Terms.
Your Risks in Using BDA's Brief, Referral, and Task Matchmaking Services (collectively, the "Service")
BDA is a forum for identifying, verifying, and locating specialist service providers ("Vendors") and prospective customers requesting reliable services ("Customers"). BDA is not a party to any contracts entered into by such Vendors and/or Customers. Any associations you have with any related entities found through the Service are at your own expense. Vendors and customers should negotiate by legally valid services arrangements, which should be checked and accepted by their relevant legal representation. The Service does not ensure performance, and BDA is not responsible for any disputes that arise between Providers and Customers since such an arrangement is a confidential arrangement between external parties, and BDA is not a participant to such contracts. In every other personal arrangement, BDA has and will have no legal alliance, and BDA does not and will not bear any responsibilities, indemnifications, guarantees, or other responsibilities. Merchants and Customers accept that BDA would not be held liable in the manner described in the preceding statement when using this Service.
Customers must be aware that the BDA validated or endorsed Providers are not guaranteed or endorsed by BDA. BDA retains the right to track all BDA task proposal forms (the "Form"), correspondence forms, and email queries. Both such requirements are monitored by BDA in order to better find and assess the best potential Customers for the absolute best Vendors. Applications that are deemed unacceptable by BDA at its own judgment will not be assessed. Merchants are only allowed to contact potential customers about the particular demands made on the BDA proposal request form. The offerings of any of the Providers listed on the website are not preferred or endorsed by BDA. BDA does not function as an intermediary, lobbyist, consultant, or other associated individual for the entities or Providers represented on the website and does not accept any compensation in this way. Any payments raised by BDA are purely for the purpose of maintaining and providing the Site and Services.
By submitting this data to BDA, all users consent to being notified by BDA, any service providers listed on the BDA website, and also the BDA associate channel and affiliates, by telephone, fax, email, mailing, or any other appropriate medium of expression, using the personal details and addresses included in their proposal application form.
BDA retains the right to fail to conduct the task application form if the data requested by the user is totally or partly incorrect, or if BDA has any fair groundwork to conclude that the data is faulty, not up-to-date, unreliable, or insufficient.
The accounts on BDA are solely for descriptive purposes. In our best attempts to offer the most valuable and reliable data possible, inconsistencies can sometimes occur, mostly as a consequence of user-generated content, but for a range of factors. BDA ensures every incentive to maintain on top of mistakes and resolve them as quickly as possible. BDA is not liable for those mistakes, even though we do our utmost to avoid them. Customers must check all details with the Providers found on the BDA website prior purchasing supplies and do their own assessment to see whether the Vendor is appropriate for the Customer venture. BDA is not accountable for the success of any Services offered by the Providers featuring on the website and makes no guarantees about them.
You offer us a global, permanent, irreversible, royalty-free, non-exclusive, tradable, and sub-licensable authorization to use User Content for any reason, contrary to these Terms, when you apply User Content on or via your use of the Services, along with the right to print, write, reconfigure, replicate, publish, reprint, alter, rewrite, modify, publicly execute, interpret, and generate derivative works from such User Content in any medium or media now existing or established in the possibility, in whole or in section. Without further permission, warning, or fee to you or any third parties, we will provide, promote, and resell element or all of the Services (and derivative works of same) in any forms of media and via any media sources.
Advertising campaigns and other material can be shown alongside or incorporated with User Content by BDA and its licensees. These commercials do not qualify you to any reward. Without prior notice to you, the form, mode, and scale of such ads can alter.
BDA will own all and all of your comments regarding the Services, including recommendations for improvements, enhancements, enhancements, adjustments, or revisions, and you therefore give your privileges of those reviews to BDA without charge.
Service Providers give us permission to capture, and view added third-party information on BDA when using the service. Which covers information obtained from publicly accessible analysis as well as information obtained through credit reporting agencies.
You accept that by accessing the Services, you cannot, and will not support or urge others to:
You possess the User Content you post, as far as BDA is concerned. BDA retains all content other than User Content, along with all functionality, visuals, interface, coding, User Content aggregation, Webpage, cumulative feedback and rankings, and all other Services elements. Copyright, trademark, and other legislation in the United States and other countries cover the Services. BDA and its licensors possess all right, interest, and ownership in and to the Services, along with all related intellectual property rights, unless otherwise specifically given in these Clauses. Any patent, trademark, service mark, or other exclusive rights notes inserted in or surrounding the Services may not be removed, altered, or obscured by you. The holders of all such trademarks, registered trademarks, product names, and corporate names or logos listed in the Services are their corresponding holders.
BDA supports other people's intellectual property rights and wants its consumers to do so as well. We will refer to notifications of suspected copyright violation that are duly sent to us and compliance with legal statute. If you think User Content has been stolen in a manner that violates copyright, kindly send the relevant details to our domain representative in compliance with the Digital Millennium Copyright Act: (i) the copyright holder's or an individual allowed to serve on their part physical or electronic stamp; (ii) identity of the protected content reported to have been violated; (iii) description of the content supposed to be violating or the target of offending conduct and that is to be deleted or access to which is to be restricted, as well as details sufficiently adequate to allow us to identify the content; (iv) your personal records, such as your mailing address, contact details, and email address; (v) a declaration from you that you have a best interest confidence that the copyright holder, its representative, or the legislation may not allow use of the content in the way accused of; and (vi) a declaration that the material in the notice is correct, and that you are allowed to work on part of the copyright holder under conviction of deceit.
For notices of potential copyright infringement or other legal notices about User Content posted on the Service, our appointed copyright officer is:
Make sure that a duplicate of your notification is sent to the individual who reportedly supplied the apparently inappropriate content, and a link to your posted notification will be posted on BDA in lieu of the deleted content.
We retain the right, at our own discretion, to delete User Content that is claimed to be violating or otherwise unlawful. If a customer is found to be a persistent violator, we can even disable their profile under proper situations.
By being a sponsor as described here (“Sponsorship”), businesses will enhance their presence on BDA even more. When users enter a summary tab, the regular sort order positions sponsor first in the chart. Sponsors are identified by a sponsor flag. Based on the type of endorsement they choose to buy; businesses can be expected to follow such criteria. Sponsorship has no bearing on a business's BDA rating or location on the leader’s matrix, and it does not promise any volume of traffic, industry, revenue, leads, or anything else. Sponsorship has an impact on where a company features on a directory of businesses and how much money BDA has. If you provide a complimentary or subsidized service or good in return for a review, you must state explicitly that the review: 1) can be favorable or adverse; 2) must represent the writer's personal view; and 3) must explicitly and prominently announce that the consumer obtained a complimentary or subsidized service.
You assent to pay the required payments once they become due, and any associated taxes, and to refund us for all service charges and penalties on any outstanding sums if you buy a Sponsorship or any other fee-based service from us, whether one-time or on a monthly basis. Through buying a Sponsorship or any membership, you explicitly accept that we or our billing representatives are allowed to bill the payment form with an annual subscription fee as stated out in the Billing, as well as all other costs you may generate in conjunction with the usage of the Services, along with any relevant taxes. When and if you terminate your membership by e-mail, the membership charge will be paid at the start of your membership and every month afterwards. Kindly contact us at (email@example.com) to correct your billing statement if you wish to adopt a new payment system or if your payment option changes. If you do not update the payment gateway details or terminate your membership before the payment network you share with us, such as a credit card, hits its expiry date, you allow us to begin charging the payment method and you become liable for any overdue sums. Failing to pay on time can contribute to the cancellation of your membership and/or the imposition of additional fees. For receipts that are 30 days past date, missed payments fines of up to $200 can be assessed.
You are obligated to pay rates before you terminate your sponsorship or the membership term expires. Both taxes are assessed using the billing details you supply at the time of payment. By approaching us, you can terminate or discontinue your Sponsorship at any time (firstname.lastname@example.org).
BDA retains the right to prohibit, cancel, or revoke your access to the Services or sponsorship at any time, with or without reason, along with (but not limited to): (1) your violation of the Conditions; or (2) your failure to pay relevant fees.
WE ALSO INCLUDE SERVICES AND ALL DETAILS EMBEDDED THEREIN ON AN “AS IS” AND “AS ACCESSIBLE” FRAMEWORK WITH ALL ERRORS, WITHOUT GUARANTEE WHATSOEVER, AND YOUR USE IS AT YOUR ABSOLUTE EXPENSE.
BDA MAKES NO REPRESENTATIONS REGARDING THIRD PARTIES, LIKE THE ENTITIES REVIEWED ON THE SERVICES. BDA DOES NOT SUPPORT ANY BUSINESS, PROVIDER, PRODUCT, OR SERVICE INCLUDED IN THE SERVICES, AND CUSTOMERS ARE NOT ADVISED TO CHOOSE ANY BUSINESS BASED ON FEEDBACK OR RANKINGS. REVIEWS OF SERVICES INCLUDE THE CRITICS' PERCEPTIONS WHICH SHOULD NOT BE INTERPRETED AS FACTUAL ASSERTIONS. WE MAKE NO IMPLIED GUARANTEES OR DECLARATIONS ABOUT THE ACCURACY, CONSISTENCY, OR AUTHENTICITY OF USER CONTENT. ANY PRODUCTS OR SERVICES PROVIDED BY THIRD PARTIES REVIEWED ON THE SERVICES, AS WELL AS THE EFFICIENCY AND DURABILITY OF THOSE PRODUCTS OR SERVICES, ARE PURCHASED OR USED AT YOUR OWN FREEDOM AND EXPENSE.
BDA EXPRESSLY MAKES NO WARRANTIES, DIRECT OR INDIRECT, WITH REGARD TO THE SERVICES, ALONG WITH ALL PROVISIONS OF THESE TERMS OR READINESS FOR A GENERAL USE, NAME, SILENT SATISFACTION, RELIABILITY, OR NON-INFRINGEMENT. THERE MAY BE DISCREPANCIES OR INCONSISTENCIES IN THE PROGRAMS. BDA DOES NOT PROMISE THE AUTHENTICITY OF THE SERVICES OR THE DETAIL IN OR EXPLANATION OF THE SERVICES AND REPUDIATES ANY RESPONSIBILITY FOR ANY INCONSISTENCIES OR OTHER INCONSISTENCIES THEREIN (ALONG WITH, WITHOUT LIMITATION, BUSINESS ACCOUNTS, PORTFOLIO PHOTOGRAPHS AND DESCRIPTIONS, FEEDBACKS, DIRECTORY AND RESEARCH INFORMATION, ETC.). BDA MAKES NO CLAIMS ABOUT THE APPROPRIATENESS OF THE SERVICES OR ANY DETAILS FOUND THEREIN FOR ANY REASON, AND THE ADDITION OR AVAILABILITY OF ANY DATA ABOUT A PRODUCT, SERVICE, OR BUSINESS. BDA DOES NOT IMPLY THAT BDA ENDORSES OR RECOMMENDS THOSE PRODUCTS OR SERVICES.
YOU MAY REMOVE YOUR BDA PROFILE, CEASE USING THE SERVICES, AND REVOKE THESE CONDITIONS IF YOU ARE DISPLEASED OR AFFECTED BY BDA OR ANYTHING LINKED TO BDA, AND SUCH CESSATION SHALL BE YOUR PRIMARY AND COMPLETE REDRESS.
BDA DOES NOT ENSURE THAT THE PROGRAMS WILL BE OPERATIONAL WITHOUT DELAY OR DEFECTS. UPKEEP, UPGRADES, OR DEVICE OR OUTAGES, FOR EXAMPLE, CAN CAUSE THE SERVICES TO BE UNAVAILABLE. BDA REPUDIATES ANY RESPONSIBILITY FOR ANY LOSS INCURRED AS A RESULT OF ALL SUCH INTERRUPTIONS OR MALFUNCTIONS. MOREOVER, BDA REPUDIATES ALL RESPONSIBILITY FOR ANY FAULTY, INABILITY OF CONNECTIVITY, OR INADEQUATE UTILIZATION CIRCUMSTANCES OF THE NETWORKS DUE TO INSUFFICIENT INFRASTRUCTURE, BROADBAND PROVIDER DISRUPTIONS, NETWORK CONGESTION, OR ANY OTHER PURPOSE.
IF RELEVANT LAW PERMITS ANY GUARANTEES WITH REGARD TO THE SERVICES, THEY WILL BE RESTRICTED TO NINETY DAYS FROM THE DATE OF FIRST APPLICATION. THE EXEMPTION OF IMPLICIT GUARANTEES IS PROHIBITED IN CERTAIN JURISDICTIONS, SO THE LATTER EXEMPTION DOES NOT EXTEND TO YOU. FEW JURISDICTIONS DO NOT PERMIT RESTRICTIONS ON THE DURATION OF AN IMPLICIT GUARANTEE, SO THIS RESTRICTION DOES NOT EXTEND TO YOU.
TO THE GREATEST DEGREE ALLOWED BY STATUTE, BDA WILL NOT BE RESPONSIBLE TO YOU OR ANY OTHER PARTY FOR ANY PERSONAL INJURIES, COLLATERAL HARM, MISSED INCOME, LOST RECORDS, EXPENSES OF PROCURING REPLACEMENT GOODS, LACK OF REPUTATION, WORK STOPPAGE, MACHINE OR SYSTEM BREAKDOWN OR ERROR, OR ANY OTHER INDIRECT, ADVERSE, EXCEPTIONAL, UNINTENTIONAL, OR PUNITIVE DAMAGES. AND IF BDA HAS BEEN NOTIFIED OF THE LIKELIHOOD OF SUCH LOSSES, BDA WILL NOT BE LIABLE FOR ANY EXTRAORDINARY OR CIVIL PENALTIES RESULTING FROM OR REFERRING TO THESE CONDITIONS OR YOUR USE OF, OR FAILURE TO USE, THE FACILITIES. YOU ARE ENTIRELY LIABLE FOR ANY HARM TO YOUR HARDWARE OR COMPUTER PROGRAM, AS WELL AS ANY LACK OF INFORMATION, THAT MAY EVENTUALLY LEAD FROM YOUR CONNECTIONS TO AND USE OF THE SERVICES.
DESPITE OF ANYTHING FOUND HEREIN TO THE ALTERNATIVE, OUR RESPONSIBILITY TO YOU FOR ANY CLAIMS RESULTING FROM OR RELATED TO THESE PROVISIONS IS LIMITED TO THE MAXIMUM CAPACITY ALLOWED BY STATUTE (FOR ANY REASON WHATSOEVER AND IRRESPECTIVE OF THE FORM OF THE ACTION, ALONG WITH RESPECT TO ANY BUYER ALERT NOTIFICATION POSTED ON THE SERVICES), WILL ONLY BE RESTRICTED TO THE SUM YOU PAY FOR THE SERVICES THAT LED DIRECTLY TO THE LAWSUIT DURING THE FISCAL YEAR IN WHICH THE ALLEGATION OCCURRED. THIS CAP WOULD NOT BE INCREASED IF THERE ARE MULTIPLE CLAIMS.
ABOVE-MENTIONED RESTRICTION OR EXEMPTION DOES NOT EXTEND TO YOU BECAUSE CERTAIN STATES DO NOT ENABLE THE RESTRICTION OR ABSENCE OF RESPONSIBILITY FOR INDIRECT OR CONSEQUENTIAL LOSSES.
You consent to keep BDA exempt from and against any and all third-party lawsuits, penalties, requests, agreements, damages, injuries, and expenditures of any kind (along with, but not restricted to, fair lawyers' fees and charges) occurring out of or contributing in any way to the use of BDA. (1) your breach of these Principles, namely, but not limited to, your posting of User Content or (2) the use of the Services or any other thing you do on or by BDA.
Irrespective of your country of origin or where you enter BDA, the rules of the District of BHOPAL will rule these Conditions and any argument, ground of litigation, or controversy (“claim”) emerging out of or relating to the Clauses, despite any differences of legal norms and the United Nations Convention on the Global Sale of Goods. Unless otherwise settled by the applicants, any disputes emerging out of or relating to these Conditions must be decided solely by a state or district court based in the District of BHOPAL.
Any controversy arising under these Provisions shall be settled in BHOPAL. M.P., by mediation conducted by the Indian Arbitration Association in compliance with the Commercial Arbitration Rules, and judgment on the verdict made by the arbitrator(s) can be rendered in any court having jurisdiction thereof, unless otherwise forbidden by law. Nothing in this arbitration clause prevents any side from making a complaint with state or authorities. You accept that the arbitration will be held in an individual level only, rather than in a community, group, or legislative capacity, and you forfeit your right to put class-wide, cooperative, or member cases before any arbitrator or in any setting. YOU ACKNOWLEDGE THAT BY ACCEPTING TO ARBITRATE CONFLICTS, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY THAT YOU WOULD HAVE OTHERWISE. This arbitration clause is not meant to amend or impair any party's ability to request equal redress in the judicial proceedings, such as an order or addition, which may not be construed as a denial of the right to petition and receive arbitration. If we have a disagreement over the conditions and limitations of these Conditions, the winning party will be allowed to compensation from the losing party any damages accrued in the case, along with appropriate lawyers' expenses.
Unless otherwise stated in this Contract, all notes, permits, and licenses shall be in writing and shall be considered granted upon: (i) private transmission, (ii) the second business day after mailing, (iii) the second business day after sending by verified facsimile, or (iv) the first business day after sending by text (For dismissal notifications or compensation claims, given email would not suffice.) Notifications to you will be sent to the server supervisor you have appointed for your applicable Services account, and billing-related reminders will be sent to the appropriate billing contact you have approved.
Notifications must be sent to us through our Contact us tab.
Links to third-party portals can be found in the BDA.
You must decide whether or not you would like to visit or use a third-party website. BDA is not liable for any content, programs, merchandise, or other materials on or accessible from third-party websites, and does not accept them. As a result, if you choose to use third-party services, you do so at your own expense and on an "as-is" model. BDA is not accountable or complicit for any harm or failure suffered or claimed to be triggered by or in association with the use of or dependence on any related webpages, whether explicitly or implicitly. These Conditions do not extend on any third-party websites you visit. You will be governed by the rules of service and privacy policies of third-party providers.
You acknowledge that these Terms are the final, full, and definitive arrangement between you and BDA concerning the Services, and that they override all previous agreements and interpretations, verbally or in writing, or formed by tradition, tradition, regulation, or precedence, with reference to the relevant nature of these Terms.
If any clause of the Conditions is determined to be unlawful, invalid, or invalid by a tribunal of relevant authorities or an adjudicator, the void aspect may be amended to make it actionable and applicable to the greatest degree possible in order to carry out the provision's purpose; the fairness, legitimacy, and constitutionality of the existing clauses of these Terms would not be compromised in any manner if a judge or arbitrator declares the amended clause unconstitutional, unlawful, void, or untenable.
Our failing to respond in response to a violation of the Terms by you or others does not forfeit our authority to respond in accordance to that infringement or any violations in the future. No declarations, claims, approvals, waivers, or other actions or oversights shall be considered legally enforceable except if recorded in a physical writing hand certified by a lawfully designated member of BDA, except as explicitly and clearly prescribed by the Terms.
You will not be eligible to revocation, indemnification or other fair remedy, or to compel or prohibit the functioning of the Service, the infringement of any ads or other content provided in association with the Service, or the manipulation of the Services or any information or other content used or shown by the Services.
Among the Terms, you cannot grant or subordinate any of your rights or duties. Any ostensibly assigned task or allocation would be rendered unusable. Without notification to you, we can openly grant or assign all rights and responsibilities within the Terms, in whole or in section. We may also unilaterally replace BDA for any third - party provider who claims our rights and responsibilities within the Terms, valid upon notification to you.