User Agreement
This Agreement was last modified on 30th April 2016.
This User Agreement describes the terms and conditions on which you are allowed to use our Website and our Services.
In This User Agreement:
“Enterprise” means the account you open when you register as a corporate entity, or any private, public or government organization registered either in India or anywhere in the world on the Website.
“Educational Institute” means the account you open when you register as an educational organization, engaged in offering educational courses to students either in India or in the world on the Website.
“Training Institute” means the account you open when you register as an training institute, engaged in offering training to corporate employees either in India or in the world on the Website.
“Entity” means any organization like Enterprise or Educational Institute or Training Institute referred above.
“Project Request” means a request that is solely posted by an Enterprise and in respect of which Educational Institutes can submit a response via the Website.
“Talent Request” or “Hiring Request” or “Hire Talent” means request for hiring students that is solely posted by an Enterprise and in respect of which Educational Institutes can submit a response via the Website.
“Training Request” means a request to train the employees that is solely posted by an Enterprise and in respect of which Training Institutes can submit a response via the Website.
“Submit Response” or “Post Response” means a response or reply submitted by Educational Institutes or Training Institutes to a request posted by an Enterprise via the Website.
“User Account” means accounts registered by Enterprises or Educational Institutes or Training Institutes via the Website.
“Trial Membership” means accounts registered by Enterprises or Educational Institutes or Training Institutes for free for a limited period (usually a month) via the Website.
“Premium Membership” or “Paid Membership” means accounts registered by Enterprises or Educational Institutes or Training Institutes by paying required fees for periods of 1 month, 6 months and year via the Website.
“Membership ID” means a unique 9 digit number generated and assigned by e-bridgethegap.com to Enterprises, Educational Institutes and Training Institutes who register and use the Website.
“Inactive Account” means a User Account that has not been logged into for a continuous 6 month period.
“Expired Account” means a User Account of Enterprises or Educational Institutes or Training Institutes whose membership (trial or paid) is lapsed on account of non-payment of fees or User not paying the fees for extending the registration period.
“Coupon” means a discount that can be offered to Enterprises or Educational Institutes or Training Institutes towards payment of Membership fees or Service fees.
“Intellectual Property Rights” means any and all intellectual property rights, existing worldwide and the subject matter of such rights, including: (a) patents, copyright, rights in circuit layouts (or similar rights), registered designs, registered and unregistered trademarks, and any right to have confidential information kept confidential; and (b) any application or right to apply for registration of any of the rights referred to in paragraph (a), whether or not such rights are registered or capable of being registered and whether existing under any laws, at common law or in equity.
“User”, “you” or “your” means an individual representing Enterprise or Educational Institute or Training Institute who visits or uses the website.
“User Contract” means: (1) this User Agreement; (2) the Code of Conduct as amended from time to time; (3) any other contractual provisions accepted by Enterprises, Educational Institutes, Training Institutes uploaded to the Website, to the extent not inconsistent with the User Agreement and the Code of Conduct.
“Website” means the websites operated by e-bridgethegap and available at: e-bridgethegap.com and any related e-bridgethegap service, tool or application.
TERMS AND CONDITIONS
1. Overview
By accessing and/or using the Website, you agree to the following terms with e-bridgethegap.com.
We may amend this User Agreement and any linked information from time to time by posting amended terms on the Website.
The Website is an online collaboration venue where Enterprises, Educational and Training Institutes can register. Registered Enterprises can post project requests, talent requests and training requests via the website. Registered Educational Institutes can submit responses to project requests and talent requests via the website. Registered Training Institutes can submit responses to training requests via the website.
2. Scope
Before using the e-bridgethegap.com Website, we recommend that you read the whole User Agreement, the Website policies and all linked information.
You must read and accept all of the terms in, and linked to, this User Agreement, the Code of Conduct, the e-bridgethegap.com Privacy Policy and all Website policies. We strongly recommend that, as you read this User Agreement, you also access and read the hyperlinked information. By accepting this User Agreement, you agree that this User Agreement will apply whenever you use the e-bridgethegap.com Website, or when you use the tools we make available to interact with the e-bridgethegap Website. Some e-bridgethegap Websites may have additional or other terms that we provide to you when you use those services.
3. Eligibility
You will not use the e-bridgethegap Website if you:
are not representing legally registered Enterprise or Educational Institute or Training Institute ; or
are under the age of 16; or
a person barred from receiving and rendering services under the laws of India, USA (or any country where you are located) or other applicable jurisdiction; or
are suspended from using the e-bridgethegap.com Website.
Users shall provide an Enterprise name, or an Educational Institute name, or a Training Institute name which is to be associated with the User’s Account.
We may, at our absolute discretion, refuse to register a person or an entity as a User and use our services.
4. Using e-bridgethegap.com
While using the e-bridgethegap Website, you will not:
Post content or items in inappropriate categories or areas on our websites and services;
Infringe any laws, third party rights or our policies, such as the Code of Conduct;
Circumvent or manipulate our fee structure, the billing process, or fees owed to e-bridgethegap;
Post false, inaccurate, misleading, defamatory or offensive content (including personal information);
Transfer your e-bridgethegap account and Username to another party without our consent;
Distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
Distribute viruses or any other technologies that may harm e-bridgethegap, the Website, or the interests or property of e-bridgethegap users (including their Intellectual Property Rights, privacy and publicity rights) or is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
Download and aggregate listings from our website for display with listings from other websites without our express written permission, “frame”, “mirror” or otherwise incorporate any part of the Website into any other website without our prior written authorization;
Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the e-bridgethegap Website;
Copy, modify or distribute rights or content from the e-bridgethegap Website or e-bridgethegap.com copyrights and trademarks; or
Harvest or otherwise collect information about Users, including email addresses, without their consent.
5. Intellectual Property Rights infringement
It is our policy to respond to clear notices of alleged intellectual property rights infringement. Our Copyright Infringement Policy is designed to make submitting notices of alleged infringement to us as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. If you believe that your Intellectual Property Rights have been violated, please notify us via this link on our Website and we will investigate.
6. Fees and Services
We charge fees for the following:
a) Membership fees (monthly membership, half-yearly membership and yearly membership) – This fees needs to be paid by Enterprises, Training institutes and Educational Institutes for registering with us and using our services via the website.
b) Service fees for award of projects – This fee needs to be paid by enterprises whenever their posted project is approved and awarded to any educational institution via the website.
c) Service fee for award of training – This fee needs to be paid by training institute whenever their entity is approved and awarded to give training to any enterprise via the website.
d) Service fees for posting Talent Request – This fee needs to be paid by enterprises whenever they post a hiring request that can be viewed by educational institutions via the website.
Unless otherwise stated, all fees are quoted in Indian Rupees (INR).
If any Enterprise, Training Institute, Educational Institute does not pay the necessary fees within the stipulated period, e-bridgthegap.com reserves the right to cancel their registration.
7. Taxes
You are responsible for paying any taxes, which may be applicable depending on the jurisdiction of the services provided. These taxes will be added to fees billed to you, if applicable.
As we are a company incorporated in India, all fees earned by us from Indian Users will be subject to and paid by the entity as per Indian tax laws, which will be shown separately on all invoices.
You must also comply with your obligations under income tax provisions in your jurisdiction.
8. Payment Administration Agent
You acknowledge and agree that we may in our sole discretion, from time to time, appoint our related bodies corporate or a third party as our agent to accept or make payments (including merchant facilities) from or to Users on our behalf. Such a third party will have the same rights, powers and privileges that we have under this User Agreement and will be entitled to exercise or enforce their rights, powers and privileges as our agent or in their own name. In no event shall we be liable to any User for any loss, damage or liability resulting from the Payment Administration Agent’s negligence and/or acts beyond the authority given by e-bridgethegap.com.
9. Promotion
We may display your company or business name, logo, images or other media, and public description of your Projects and profile as part of the e-bridethegap.com Services and/or other marketing materials relating to the e-bridgethegap.com Website, except where you have explicitly requested that we do not do this and we have agreed to such request.
10. Content
When you give us content (project request, hiring request, talent request with attachments), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.
We keep the archive of your content (project request, hiring request, and talent request) only for a period of 3 months. It will be deleted and destroyed after this period.
You acknowledge and agree that: We make no warranty that User content is actually made available on the Website. (1) We have no responsibility or liability for the deletion or failure to store any content, whether or not the content was actually made available on the Website; and (2) any and all content submitted to the Website is subject to our approval. We may reject, approve or modify your User content at our sole discretion.
You represent and warrant that your content:
will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy of any person;
will not violate any law or regulation;
will not be defamatory or trade libelous;
will not be obscene or contain child pornography;
will not contain the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons
will not contain material linked to terrorist activities
will not include incomplete, false or inaccurate information about User or any other individual; and
will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
You acknowledge and agree that:
Information on the Website may contain general information about blogs, communication and other matters. The information is not advice, and should not be treated as such. You must not rely on the information on the Website as an alternative to professional advice. If you have specific questions about any matter you should consult us or your professional adviser.
The Website may contain links to other third party websites. We do not control the websites to which we link from the Website. We do not endorse the content, products, services, practices, policies or performance of the websites we link to from the Website. Use of third party content, links to third party content and/or websites is at your risk.
11. Communication with Other Users
You must not post your email address or other contact information on the Website, except in the “email” field of the signup form, at our request or as otherwise permitted by us on the Website.
You must only communicate with Users via the Website, by using the Mail Box, posting or replying to requests till you award the project. Unless we provide a User’s contact information through a feature or function available through the Website, you must not, and must not attempt to, communicate with other Users in respect of project requests, hiring requests, training requests through any other means such as email, telephone etc.
12. Right to Review
We may read all correspondence posted to the Website and download or access, and test (if necessary), all uploaded files, programs and websites related to your use of the Website for the purpose of investigating fraud and for risk management and related purposes.
13. Identity / Know Your Customer
You authorize us, directly or through third parties, to make any inquiries we consider necessary to validate your identity. You must, at our request: (1) provide further information to us, which may include your date of birth and other information that will allow us to reasonably identify you; (2) take steps to confirm ownership of your email address or financial instruments; or (3) verify your information against third party databases or through other sources.
You must also, at our request, provide copies of identification documents. We may also ask you to provide photographic identification holding a sign with a code that we provide as an additional identity verification step.
We reserve the right to close, suspend, or limit access to your Account, the Website and/or e-bridgethegap.com Services in the event we are unable to obtain or verify to our satisfaction the information which we request under this section.
14. User Services
Upon the Enterprise awarding a project to an Educational Institute, the project and contractual agreement is solely between the Enterprise and Educational Institute. e-bridgethegap.com will not be responsible for non-completion, non-execution of projects by Educational Institutes. Further, Enterprises and Educational Institutes agree that they do not involve e-bridgethegap.com in any legal disputes that may arise due to non-completion, non-execution or compliance issues with the project.
Upon the Enterprise awarding a training contract to Training Institute, the contractual agreement is solely between the Enterprise and Training Institute. e-bridgethegap.com will not be responsible for non-completion, non-execution of trainings by Training Institutes. Further, Enterprises and Training Institutes agree that they do not involve e-bridgethegap.com into any legal disputes that may arise due to non-completion, non-execution of trainings.
Upon the Enterprise posting a hiring request on the website, the contractual agreement is solely between the Enterprise and Educational Institute. e-bridgethegap.com will not be responsible for any hiring disputes.
You are solely responsible for ensuring that you comply with your obligations to other entities.
Each User acknowledges and agrees that they can collaborate between Enterprises, Educational institutes and Training Institutes as per the posted requests. Nothing in this User Agreement creates a partnership, joint venture, agency or employment relationship between Users/Entities. Nothing in this User Agreement shall in any way be construed as forming a joint venture, partnership or an employer-employee relationship between e-bridgethegap.com and the Users/Entities.
15. Charges and Refunds
You agree that Registration fees and Service fees paid to e-bridgethegap.com is non-refundable.
Any failure in remittance of fees in timely manner – We reserve the right to cancel your membership and access to your website.
We will be charging 25% extra penalty of the fees for any checks that are bounced/returned due to lack of funds.
There will be a late payment charges applicable for membership and service fees.
Please refer to Fees and Structure for further details.
For complaints against fees and structure you can contact our customer support website or emailing us at [email protected].
If we reasonably determine, having considered all the relevant complaints, that you have made an excessive or unreasonable number of requests about our fees and structure policies, we may suspend, limit or close your Account.
16. Inactive Accounts
User Accounts that have not been logged into for a continuous period of 3 months will be made inactive. We may charge recovery fees to make user accounts active again.
We reserve the right to close an Inactive Account.
User Accounts that have not been logged into for continuous period of 6 months will be deleted and their records/details will be deleted and destroyed.
You agree to the above Inactive account policy and shall not make us liable legally/financially for any loss of your accounts.
17. Expired Accounts
If Membership fees or Service fees is not paid within the stipulated time, e-bridgethegap.com reserves the right to suspend the User Accounts. We charge penalty fees to revoke the suspended user accounts again.
We reserve the right to delete an Expired Account.
User Accounts that have not paid the required Membership fees or Service fees a continuous period of 3 months will be expired and their records/details will be deleted and destroyed.
You agree to the above Expired account policy and shall not make us liable legally/financially for any loss of your accounts.
18. Right to Refuse Service
We may close, suspend or limit your access to your Account without reason. Without limiting the foregoing, we may close, suspend or limit your access to your Account:
if we determine that you have breached, or are acting in breach of, this User Agreement;
if you attempt to renegotiate the actual price privately, avoiding fees;
if we determine that you have breached legal liabilities (actual or potential), including infringing someone else’s Intellectual Property Rights;
if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
you do not respond to account verification requests;
you do not complete account verification when requested within 1 month of the date of request;
If we close your Account due to your breach of this User Agreement, you may also become liable for certain fees as described in this User Agreement.
Without limiting our other remedies, to the extent you have breached this User Agreement, you must pay us all fees owed to us and reimburse us for all losses and costs (including any and all of our employee time).
In the event that we inactivate or suspend your Account, you will have no claim whatsoever against us in respect of any such inactivation, suspension or termination of your Account.
19. Disputes With Us
If a dispute arises between you and e-bridgethegap.com, our goal is to address your concerns and, if we are unable to do so to your satisfaction, to provide you with a means of resolving the dispute quickly. We strongly encourage you to first contact us directly to seek a resolution by using our customer support website or emailing us at [email protected].
If any proceeding by or against you is commenced under any law, e-bridgethegap.com will be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of this Agreement.
20. Currencies
Unless otherwise stated, all the membership fees and service charged will be in Indian Rupees (INR). All other currencies will be converted to INR at the prevailing rate on the day and time of transaction by third parties.
Any conversion fees or foreign transaction fees associated with charges are the sole responsibility of the User.
We reserve the right to reject any request for a conversion of currency at any time.
You are responsible for all risks associated with converting and maintaining funds in various available currencies, including but not limited to the risk that the value of these funds will fluctuate as exchange rates change, which could result in decreases in the value of your funds in aggregate. You must not use (or attempt to use) the Website to engage in speculative trading, which could result in substantial losses. We are not a financial services provider.
21. Access to our Website and Interference
You agree that you will not:
take any action that imposes or may impose (in our sole discretion, exercised reasonably) an unreasonable or disproportionately large load on our infrastructure;
interfere with, damage, manipulate, disrupt, disable, modify, overburden, or impair any device, software system or network connected to or used (by you or us) in relation to the e-bridgethegap.com Website or your Account, or assist any other person to do any of these things, or take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the website’s without the prior express written permission of e-bridgethegap.com and the appropriate third party, as applicable;
interfere or attempt to interfere with the proper working of the website’s, services or tools, or any activities conducted on or with the website’s, services or tools; or
by-pass our measures we may use to prevent or restrict access to the Website.
22. Indemnity
You will indemnify us (and our officers, directors, agents, subsidiaries, joint ventures and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of this Agreement,
or your infringement of any law or the rights of your collaborating entities via the Website and our Services.
23. Security
You must immediately notify us upon becoming aware of any unauthorized access or any other security breach to the Website, your Account or the e-bridgethegap.com Services and we do everything possible to mitigate the unauthorized access or security breach (including preserving evidence and notifying appropriate authorities). You are solely responsible for securing your password. We will not be liable for any loss or damage arising from unauthorized access of your account resulting from your failure to follow the security guidelines of using the Website.
24. No Warranty
We do not offer any form of Warranty, Insurance or Protection or whatsoever for any services or user registrations you use with Website.
25. No Warranty for Identity
Because User identification on the internet is difficult, we cannot and do not confirm each User’s purported identity. We may provide information about a User, such as a strength or risk score, geographical location, or third party background check or verification of identity or credentials. However, such information is based solely on data that the User submits and we provide such information solely for the convenience of Users and the provision of such information is not an introduction, endorsement or recommendation by us.
26. No Warranty As To Content On The Website
The Website is a dynamic time-sensitive website. As such, information on the Website will change frequently.
Our Services, the Website and all content on it are provided on an ‘as is’, ‘with all faults’ and ‘as available’ basis and without warranties of any kind either express or implied. Without limiting the foregoing, we make no representation or warranty about:
the Website or User Accounts or e-bridgethegap.com Services;
the accuracy, reliability, availability, veracity, timeliness or content of the Website or User Accounts or e-bridgethegap.com Services;
whether the Website or User Accounts or e-bridgethegap.com Services will be up-to-date, uninterrupted, secure, error-free or non-misleading;
whether defects in the Website will be corrected;
whether the Website, User Accounts or e-bridgethegap.com Services or any data, content or material will be backed up;
To the extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, quality, suitability and non-infringement.
27. Limitation Of Liability
In no event shall we, our related entities, our affiliates or staff be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for:
any indirect, special, incidental or consequential damages that may be incurred by you;
any loss of income, business or profits (whether direct or indirect) that may be incurred by you;
any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving the Website.
The limitations on our liability to you above shall apply whether or not we, our related entities, our affiliates or staff have been advised of the possibility of such losses or damages arising.
28. Jurisdiction Limitations
As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event, the liability will be limited as far as legally possible under the applicable legislation.
29. No Class Actions
You and we agree that you and we will only be permitted to bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or legal proceedings.
30. Law and Forum
This Agreement will be governed in all respects by the corporate laws of State of India. We encourage you to try and resolve disputes using our customer support by contacting us via [email protected].
31. Severance
The provisions of this User Agreement can be severed, and if any provision of this User Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced. This Agreement may be assigned by us to an associated entity at any time, or to a third party without your consent in the event of a sale or other transfer of some or all of our assets. In the event of any sale or transfer you will remain bound by this User Agreement.
32. Interpretation
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
33. Communications
You consent to receive notices and information from us in respect of the Website and Services by electronic communication. You may withdraw this consent at any time, but if you do so we may choose to suspend or close your Account.
34. Additional Terms
It is important to read and understand all our policies as they provide the rules for trading on the e-bridgethegap.com website. In addition there may be specific policies or rules that apply, and it is your responsibility to check our Help pages and policies to make sure you comply. Our policies, including all policies referenced in them, are part of this Agreement and provide additional terms and conditions related to specific services offered on our websites, including but not limited to:
Privacy Policy
Copyright Infringement Policy
Fees and Charges
Each of these policies may be changed from time to time. Changes take effect when we post them on the e-bridgethegap.com website. When using particular services on our website, you are subject to any posted policies or rules applicable to services you use through the website, which may be posted from time to time. All such policies or rules are incorporated into this User Agreement.
34. General
e-bridgethegap.com is located at G-202, Paranjape Yuthika, Baner, Pune -411045, Maharashtra, India.
This Agreement contains the entire understanding and agreement between you and e-bridgethegap.com.
35. Feedback
If you have any questions about this User Agreement or if you wish to report breaches of this User Agreement, please contact us by using our customer support website or emailing us at [email protected].