GENERAL TERMS AND CONDITIONS

 

These Terms of Use (the “Terms”), which incorporate our Privacy Policy, govern your access to and use of our services, including our various websites, such as but not limited to applications, ads, communications, events, and other covered products or services that link to these Terms (collectively “services”). By accessing and using the services, you agree to comply with these Terms. If you’re using the services on behalf of a company or other legal entity, then “you” also means such company or legal entity and you agree to be bound by these Terms even if we have a separate agreement with you. You may not use the services if you do not agree to the linked version of the Terms at the time you access the services.

 

For the purposes of these Terms, “workinbpo.com,” means “workinbpo.com,” herewith refer as “First Party”.

 

1.       Definition of Terms

All information shared by First Party. "Confidential Information" shall mean (i) all information relating to First Party’s products, business and operations including, but not limited to, financial documents and plans, customers, suppliers, manufacturing partners, marketing strategies, vendors, products, product development plans, technical product data, product samples, costs, sources, strategies, operations procedures, proprietary concepts, inventions, sales leads, sales data, customer lists, customer profiles, technical advice or knowledge, contractual agreements, price lists, supplier lists, sales estimates, product specifications, trade secrets, distribution methods, inventories, marketing strategies, source code, software, algorithms, data, drawings or schematics, blueprints, computer programs and systems and know-how or other intellectual property of First Party and its affiliates that may be at any time furnished, communicated or delivered by First Party, whether in oral, tangible, electronic or other form; (ii) the terms of any agreement, including this Agreement, and the discussions, negotiations and proposals related to any agreement; (iii) information acquired during any tours of First Party’s facilities; and (iv) all other non-public information provided by First Party whosoever. All Confidential Information shall remain the property of First Party.

 

The term “Confidential Information” as used in this Agreement shall mean any data or information that is competitively sensitive material and not generally known to the public, including, but not limited to, information relating to any of the following, which First Party considers confidential: (Check all that apply)

 

“Business Operations” which includes all processes, proprietary information or data, ideas or the like, either in existence or contemplated related to First Party’s daily and long-term plans for conducting First Party's business.

 

“Computer Technology” which includes all computer hardware, software or other tangible and intangible equipment or code either in existence or development.

 

“Customer Information” which includes the names of entities or individuals, including their affiliates and representatives, that First Party provides and sells its services or goods to, as well as any associated information, including but not limited to, leads, contact lists, sales plans and notes, shared and learned sales information such as pricing sheets, projections or plans, agreements, or such other data.

 

“Intellectual Property” which includes patents, trademarks, service marks, logos, trade names, internet or website domain names, rights in designs and schematics, copyrights (including rights in computer software), moral rights, database rights, in each case whether registered or unregistered and including applications for registration, in all rights or forms anywhere in the world.

 

“Marketing and Sales Information” which includes all customer leads, sales targets, sales markets, advertising materials, sales territories, sales goals and projections, sales and marketing processes or practices, training manuals or other documentation and materials related to the sales, marketing and promotional activities of the First Party and its products or services.

 

“Proprietary Rights” which includes any and all rights, whether registered or unregistered, in and with respect to patents, copyrights, trade names, domain names, logos, trademarks, service marks, confidential information, know-how, trade secrets, moral rights, contract or licensing rights, whether protected under contract or otherwise under law, and other similar rights or interests in intellectual property.

 

“Procedures and Specifications” which includes all procedures and other specifications, criteria, standards, methods, instructions, plans or other directions prescribed by First Party for the manufacture, preparation, packaging and labelling, and sale of its products or services.

 

“Product Information” which includes First Party’s products which are being contemplated for sale, manufactured, marketed, listed, or sold, including any fixes, revisions, upgrades, or versions, of which consists of all data, software and documentation related thereto.

 

“Service Information” which means the services provided by First Party, including the method, details, means, skills and training, which consists of all data, software and documentation related thereto.

 

“Software Information” which means the proprietary computer programs of First Party, including all fixes, upgrades, new versions, new enhancements, modifications, edits, conversions, replacements, or the like, in machine readable form or documentation and materials, and all copies and translations of such computer programs, documentation and materials, regardless of the form or media of expression or storage.

 

2.       Specifications of Confidential Information.

The term “Confidential Information” as used in this Agreement shall mean any data or information that is competitively sensitive material and not generally known to the public

 

We shall use any personal information you give to us in accordance with the following terms and conditions, and with any additional statements appearing on forms used for submitting your personal information. We shall not disclose your personal information to any third parties without obtaining your prior consent unless we are required by law to do so.

 

2.1 In particular;

 

If you submit an enquiry, we shall use your personal information to administer and respond to your enquiry. Your enquiry will be responded to by the appropriate team. We shall securely store the information you supply and the response we provide. We may produce reports on the use of the contact form service to enable us to monitor and develop it. These reports will be based on anonymous data, which means that individuals will not be identified in the reports.

 

If you request to receive an update, we shall use your personal information to send it to you by email. If at any time you wish to stop receiving it, please reply directly to the email containing the newsletter with 'unsubscribe' in the subject line of your email. Your details will be removed from our database immediately.

 

If you contact us regarding the website, we shall use your details to reply to you. We try to respond to all feedback where a valid email address is included. If you make a comment or complaint about other aspects of our services, we may use your details to investigate it.

 

2.2   Exclusions from Confidential Information.

 

a.       The obligation of confidentiality with respect to Confidential Information will not apply to any information:

b.       If the information is or becomes publicly known and available other than as a result of prior unauthorized disclosure by the you or any of your Representatives.

c.       If the information is or was received by the you from a third-party source which, to the best knowledge is or was not under a confidentiality obligation to First Party with regard to such information.

d.       If the information is disclosed by you with the First Party’s prior written permission and approval.

e.       If the information is independently developed prior to disclosure by First Party and without the use and benefit of any of the First Party’s Confidential Information; or

f.        If you or any of its representatives is legally compelled by applicable law, by any court, governmental agency or regulatory authority or by subpoena or discovery request in pending litigation but only if, to the extent lawful, You or its Representatives give prompt written notice of that fact to First Party prior to disclosure so that First Party may request a protective order or other remedy to prevent or limit such disclosure and in the absence of such protective order or other remedy, You or its Representatives may disclose only such portion of the Confidential Information which it is legally obligated to disclose.

 

2.3   Obligation to Maintain Confidentiality.

 

With respect to Confidential Information:

a.       You agree to retain the Confidential Information of the First Party in strict confidence, to protect the security, integrity and confidentiality of such information and to not permit unauthorized access to or unauthorized use, disclosure, publication or dissemination of Confidential Information except in conformity with this Agreement. You shall adopt and/or maintain security processes and procedures to safeguard the confidentiality of all Confidential Information received by First Party using a reasonable degree of care, but not less than that degree of care used in safeguarding its own similar information or material.

b.       Upon the termination of this Agreement, you will ensure that all documents, memorandum, notes and other writings or electronic records prepared by it that include or reflect any Confidential Information are returned or destroyed as directed by First Party.

c.       If there is an unauthorized disclosure or loss of any of the Confidential Information by you or any of its Representatives, You will promptly, at its own expense, notify First Party in writing and take all actions as may be necessary or reasonably requested by First Party to minimize any damage to the First Party or a third party as a result of the disclosure or loss.

 

3.       Billing and Payment Terms.

All amounts due under this Agreement such as service fees and charges will automatically be invoiced in US Dollars (USD). You are obliged to pay invoices in the currency specified.  In cases that the credit or debit card does not support the required currency, a different payment method must be used that supports the aforementioned currency.

 

The fees and charges for the First Party, if any, are included in the exchange rate applied to your invoice (the “Applicable Exchange Rate”). Third parties, such as bank, credit card issuer, debit card issuer, or card network, may charge additional fees. The Applicable Exchange Rate is determined at the time the invoice is generated and, for invoices covering the usage of services over a period of time, will apply to all usage and Service charges listed on that invoice.

 

All refunds processed against an invoice will be provided in the currency in which the invoice was generated and reflected as a credit memo or a payment in the payment currency. Therefore, you agree to the provisions as follows:

 

a.       The Party agrees that by using the Currency Service, information related to the payment, including your name and address, may be used by the banking partners to process payments in jurisdictions other than the United States.

b.       The Party agrees to store the credit or debit card information in a third-party merchant store for recurring payments. The merchant is in compliance with the PCI DSS and allowed to store information in a highly encrypted format and not allow anyone to view or edit it.

 

4.       Non-Disclosure of Transaction.

 

Without your prior written consent, neither you nor its Representatives shall disclose to any other person, except to the extent, the provisions of Section 2.2 apply: (a) the fact that Confidential Information has been made available to it or that it has inspected any portion of the Confidential Information; (b) the fact that First Party and You are having discussions or negotiation concerning the Transaction; or (c) any of the terms, conditions or other facts with respect to the Transaction.

 

5.       Provisions for Breach of Agreement

 

You will take reasonable steps to ensure that its Representatives adhere to the terms of this Agreement. You will be responsible for any breach of this Agreement by any of its Representatives.

 

6.       Disclaimer.  

 

There is no representation or warranty, express or implied, made by First Party as to the accuracy or completeness of any of its Confidential Information. Except for the matters set forth in this Agreement, neither party will be under any obligation with regard to the Transaction. Either party may, in its sole discretion: (a) reject any proposals made by the other party or its Representatives with respect to the Transaction; (b) terminate discussions and negotiations with the other party or its Representatives at any time and for any reason or for no reason; and (c) change the procedures relating to the consideration of the Transaction at any time without prior notice to the other party.

 

7.       Remedies.

Each party agrees that use or disclosure of any Confidential Information in a manner inconsistent with this Agreement will give rise to irreparable injury for which: (a) money damages may not be a sufficient remedy for any breach of this Agreement by such party; (b) the other party may be entitled to specific performance and injunction and other equitable relief with respect to any such breach; (c) such remedies will not be the exclusive remedies for any such breach, but will be in addition to all other remedies available at law or in equity; and (d) in the event of litigation relating to this Agreement, if a court of competent jurisdiction determines in a final non-appealable order that You, or any of its Representatives, has breached this Agreement, You will be liable for reasonable legal fees and expenses incurred by First Party in connection with such litigation, including, but not limited to, any appeals.

 

8.       Notices. 

All notices given under this Agreement must be in writing. A notice is effective upon receipt and shall be sent via one of the following methods: delivery in person, overnight courier service, certified or registered mail, postage prepaid, return receipt requested, addressed to the party to be notified at the below address or by facsimile at the below facsimile number or in the case of either party, to such other party, address or facsimile number as such party may designate upon reasonable notice to the other party.

 

9.       Termination.

These Terms remain in effect while you use the services and, for registered users, as long as your account(s) remains open. You may delete your account(s) at any time. We may suspend or terminate your account(s) or your access to parts of the services, for any or no reason, without notice to you. We will have no liability whatsoever to you for any termination of your account(s) or related deletion of your data.

 

All provisions of these Terms shall survive termination or expiration of these Terms except those provisions granting access to or use of the services. For the avoidance of doubt, you agree that these Terms apply to your use of the services and any Content submitted on the services at any time prior to the termination or expiration of these Terms..

 

Termination of this Agreement shall not affect the rights and obligations of either Party with respect to Confidential Information disclosed under this Agreement prior to the effective date of termination of this Agreement.

 

10.   Changes to these Terms

This Agreement may be amended or modified only by a written agreement signed by both of the parties.

We may revise these Terms from time to time by posting an updated version available via a link on the services. If we make a change that we believe materially reduces your rights or increases your responsibilities, we will notify you by communication (e.g., by email or text message sent to the e-mail address or phone number specified in your account) and/or by means of a notice on the services prior to the change becoming effective. We may provide notice of changes in other circumstances as well. Any such changes will not apply to any claim brought prior to the effective date of the revised Terms incorporating such changes. We encourage you to periodically review this page for the latest information on our Terms. Your continued use of the services is subject to the most current effective version of these Terms.

 

 

Please contact us with any questions regarding these Terms.

 

IN WITNESS WHEREOF, by checking the terms and conditions of this agreement, the parties acknowledge that they have read, understood, and voluntarily accept the duties and obligations set forth herein.