TERMS & CONDITIONS
Bigyellowfish Technologies Private Limited is a private limited company, incorporated under the Companies Act, 2013 with its registered office at Chennai, Tamil Nadu (“Company”, “BYF” "We", "Us", "Our" and terms of similar meaning). The Company provides access to www.bigyellowfish.io mobile applications supported by Android and IOS and features and content etc. (“Platform”) to the user, viewer who register on any Platform (such End Users shall hereinafter be referred to as “You”, “Your” as applicable) subject to these terms and conditions of use as set out herein and as may be amended from time to time in the manner as set forth herein below("Terms"). Please read these Terms carefully before using any Platform. The Company has developed a web based product and the mobile based application supported by Android and IOS and features and content, which is a wellness product containing certain functionalities and features (“Product”).
BYF is an enterprise application platform that integrates employee wellbeing, microlearning and collaboration into the flow of work to minimise human error, save costs and increase productivity. The Product is an enterprise product and the organisation is provided a code & link for internal circulation, the organisation shall provide this code to its employees. The Employees who log on to the Platform shall be termed as (“End Users”) to access the functionalities provided by the product. These terms shall be applicable to the organisation, the End Users and any person accessing the Platform.
BYF provides Services (as defined below) to the End User subject to the terms and conditions contained herein and any other written agreement as may be entered into between the organisation and the Company, if any.
BYF retains the right to deny access to anyone who we believe has violated any of these Terms or for any reason whatsoever at its sole discretion.
A. What are the Services provided on the Platform?
The Product includes, without limitation, the following aspects (collectively, the “Services”):
- Access to the Product and its functionalities to record and track the mood of the individual. In the event You are accessing the Product under a corporate package client a company code will be provided to You.
- Various functionalities to a corporate client and an individual on the Product as provided from time to time.
- Interactions and insta support
THE SERVICES DO NOT INCLUDE THE PROVISION OF MEDICAL CARE, MENTAL HEALTH SERVICES, PROVIDING PRESCRIPTION OF DRUGS OR OTHER PROFESSIONAL SERVICES BY BYF. BYF IS MERELY A TECHNOLOGY PROVIDER.
Any information obtained from the Platform or its employees, agents, partners, contractors, advisors or otherwise available on the Platform including third party links and contents is for informational and logistical purposes only.
B. Express Consent to the Terms.
By accessing or using any Platform or by merely browsing any Platform or by using or receiving any Services supplied to You by BYF, You hereby expressly acknowledge and agree to be bound by these Terms, policies and guidelines incorporated by reference in these Terms and any future amendments and additions to these Terms as published from time to time on any Platform. If You do not agree with these Terms in their entirety, You are not entitled to use any Platform or avail the Services provided by Us.
By using any Platform, You represent and warrant that:
- You are at least 18 years old;
- You have the lawful authority and capacity to contract and be bound by these Terms;
- If You are accepting these Terms on behalf of a company, limited liability partnership or other legal entity, You have the authority to bind such entity to these Terms and, in such event, “You” and “Your” as used in these Terms shall refer to such entity; and
- You will comply with all applicable laws and regulations.
These Terms are subject to change at any time without notice. To make sure You are aware of any changes, please review these Terms periodically. We shall on a best effort basis notify You of the changes to the Terms, however it is Your obligation to be aware of the changes to these Terms. Continued use of any Platform or Services after any such changes shall constitute Your consent to such changes.
C. Not a Health Care Provider
While the Services may provide access to certain general wellness/mental health information, and also may provide messaging functionality through the Platform, the Services cannot and are not intended to provide medical advice. We advise you to always seek the advice of a physician or other qualified healthcare provider with any questions regarding your personal health or medical conditions. If you have or suspect that you have a medical problem or condition, please contact a qualified healthcare professional immediately.
To the extent any analysis or mood computation is provided to you through the Services, such analysis is based on your personal health data as provided by you and the local standards of care for your use of the Services.
THE CONTENT ON THE SITE IS NOT AND SHOULD NOT BE CONSIDERED MEDICAL ADVICE OR A SUBSTITUTE FOR INDIVIDUAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. YOU SHOULD ALWAYS TALK TO YOUR MEDICAL PROFESSIONALS FOR DIAGNOSIS AND TREATMENT, INCLUDING INFORMATION REGARDING WHICH DRUGS OR TREATMENT MAY BE APPROPRIATE FOR YOU.
USE OF THE SERVICES IS NOT FOR EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL OR MENTAL HEALTH EMERGENCY, OR IF AT ANY TIME YOU ARE CONCERNED ABOUT YOUR CARE OR TREATMENT, PLEASE GO TO THE NEAREST OPEN CLINIC OR EMERGENCY ROOM.
THE PLATFORM IS NOT A ‘SUICIDE HELPLINE PLATFORM’. IF YOU ARE CONSIDERING OR CONTEMPLATING SUICIDE OR FEEL THAT YOU ARE A DANGER TO YOURSELF OR TO OTHERS, YOU MAY DISCONTINUE USE OF THE SERVICES IMMEDIATELY AT YOUR DISCRETION AND PLEASE NOTIFY APPROPRIATE POLICE OR EMERGENCY MEDICAL PERSONNEL.
YOUR USE OF INFORMATION PROVIDED ON THE PLATFORM AND AVAILING OF SERVICES ON THE PLATFORM IS SOLELY AT YOUR OWN RISK. BYF DOES NOT AND WILL NOT IN ANY MANNER WHATSOEVER BE INVOLVED IN THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE.
D. Payment Schedule and Mechanism
The Company will enter into a commercial arrangement with the organisation from time to time and such organisations shall be liable to pay the fee in the manner as agreed between them (“Fee”). The Fee shall be exclusive of all taxes and statutory dues as are applicable.
E. End User Accounts
In order to avail the Services the End User will be required to become a registered user of the Services by creating a BYF account using the organisation code provided to the concerned organisation (“End- User Account”). Upon creation of the End- User Account the End User will be asked to choose a password. The End User will be solely responsible for any activities or actions taken under his/her/its End-User Account, whether or not you have authorized such activities or actions.
You must notify us immediately if you know or suspect that any unauthorized person is using your password or your End-User Account (for example, your password has been lost or stolen, someone has attempted to use the Services through your End-User Account without your consent or your End-User Account has been accessed without your permission). We strongly recommend that you do not use the Services on public computers. We also recommend that you do not store your password through your web browser or other software.
By creating an End-User Account, you expressly consent to the use of: (a) electronic means to complete these Terms and to provide you with any notices given pursuant to these Terms; and (b) electronic records to store information related to these Terms or your use of the Services. BYF cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
ALL COMMUNICATIONS TRANSMITTED THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION BYF’S MESSAGING PLATFORM, MAY BE MONITORED FOR QUALITY ASSURANCE, TRAINING AND OTHER PURPOSES. BY ACCEPTING THESE TERMS OF SERVICE, YOU CONSENT TO ANY SUCH MONITORING. SIMILARLY, ALL MESSAGES TRANSMITTED THROUGH BYF’S SECURE MESSAGING PLATFORM ARE SAVED AND BECOME PART OF YOUR BYF PROFILE.
If You register for an End-User Account having Profile on the Platform, You agree to:
- provide accurate, current and complete information as may be prompted by any registration forms ("Registration Data");
- maintain the security of Your password;
- maintain and promptly update the Registration Data, and any other information You provide to BYF and to keep it accurate, current and complete
- accept all risks of unauthorized access to the Registration Data and any other information You provide to us. You are responsible for all activity on Your End-User Account.
- not authorize others to use Your End-User Account.
- You may not assign or otherwise transfer Your End-User Account.
G. Access and Use
Your access and use of any Platform and Services is subject to the following representations and warranties:
- You may only access any Platform or Services using authorized and lawful means.
- BYF shall not be liable for any failure or default to provide access to any Platform or Services on account of any failure or delay by You to register with any Platform for such access.
- Any configuration or set up of the Devices for access to any Platform and the Services shall be Your sole responsibility. “Device” means a device, usually electronic, that processes data according to a set of instructions, which may include but not be limited to workstations, personal computers, laptops, netbooks, personal digital assistants, tablets, and smartphones.
- The Company reserves the right to prevent access should You be using any Platform or Service with an incompatible or unauthorized Device;
- You will not take any action that interferes with, degrades or adversely affects the Company and/or the Services and/or any Platform;
- You will not use any Platform in a manner (i) that is prohibited by any law or regulation, or facilitates the violation of any law or regulation; or (ii) will disrupt a third parties’ similar use; (iii) violate or tamper with the security any Platform;
- You will not use any Platform, or any portion thereof, to transmit, publish, post, upload, distribute or disseminate any inappropriate, harassing, abusive, defamatory, libellous, obscene, illegal or deceptive content;
- You will not use the Services to collect or store personal data about other users without their express permission;
- You will not knowingly include or use any false or inaccurate information in the Registration Data;
- You will ensure that any Platform are not used to upload, post, transmit, or otherwise make available any content that contains a virus or any other form of malicious code or data that is likely or intended to have an adverse impact on, or provide unauthorized access to, any Platform or any other software, hardware, services or data;
- You will not attempt to gain unauthorised access to any accounts, computer systems or networks connected to any Platform, through hacking, or any other means, or obtain or attempt to obtain any materials or information through any means not intentionally made available to You;
- You will not use any Platform to develop, or to assist anyone in developing a competitive product or service or for other competitive purposes;
- You will refrain from taking any steps, such as reverse assembly or reverse compilation, to derive a source code equivalent to Platform or attempt to do so, or acquiesce, authorise or encourage any other party to do the same;
- You shall be solely responsible for (i) procuring and maintaining Your network connections and telecommunications links from Your systems to BYF’s data centres, and (ii) all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to Your network connections or telecommunications links or caused by the internet;
- You acknowledge that from time to time, BYF may apply Upgrades (hereinafter defined) to any Platform, and that such Upgrades may result in changes the appearance and/or functionality of Platform. You may be required to install certain Upgrades or updates to the software in order to continue to access or use any Platform, or portions thereof. “Upgrades” means new versions of, and updates to, Platform whether for the purpose of fixing an error, bug or other issue in any Platform or enhancing the functionality of Platform.
- You understand and agree that the Services, Products and any other information you learn from BYF are not intended, designed, or implied to diagnose, prevent, or treat any condition or disease, to ascertain the state of your health, or to be a substitute for professional medical care. Not all activities described on the Services or Products are suitable for everyone. Do not use the Services while driving, operating heavy machinery, or performing other tasks that require attention and concentration. You understand and agree that you are solely responsible for your use of the Services.
H. Intellectual Property Rights
You hereby acknowledge that any and all intellectual property rights (including but not limited to all trademark, copyright, patent, service marks, etc.) and other proprietary rights in and in relation to any Platform including without limitation any derivatives, improvements or modifications which ownership is directly attributable to the Company (expressly excluding any information which belongs to an End User, other third party) shall vest wholly completely and fully with the Company throughout the territory of the world and You shall have no right or claim to such intellectual property in any manner whatsoever. BYF may send or display images, audio, and video, interactive games, analytical tests (the "Material") from time to time. The types of Material the End Users are authorized to access on the Platform includes Material commissioned by BYF, embedded Material, Material we believe to be covered by the fair use doctrine, Material from photographic archive and video vendors, and Material supplied to our staff or released into the public domain by public relations and marketing companies for press purposes.
By accepting these Terms and using any Platform, You agree that You shall defend, indemnify and hold the Company, its directors, shareholders, officers and other representatives harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with:
- Your violation or breach of these Terms or any applicable law or regulation;
- Your violation of any rights of any third party, including End Users connected through any Platform;
- Your misuse of any Platform or Service; or
- any and all third-party claims based upon the content of any communications transmitted by You.
J. Disclaimer of Warranties
- BYF hereby explicitly and specifically disclaims any and all representations, warranties or guarantees, whether written, oral, expressed or implied including, without limiting the generality of the foregoing, any warranty of quality or fitness for a particular purpose.
- The Platform is provided to You strictly on an "as is" basis. Notwithstanding anything contained in these Terms, BYF does not warrant that any Platform:
- will perform error-free or uninterrupted, or that BYF will correct all or any errors or defects
- will operate in combination with Your Devices, or with any other hardware, software, systems or data not provided by BYF,
- will meet Your requirements, specifications or expectations.
- You further acknowledge that BYF does not control the transfer of data over communications facilities, including the internet, and that any Platform may be subject to limitations, delays, and other problems inherent in the use of such communications facilities; We are not responsible for any
- delays, delivery failures, or other damages as a result;
- issues related to the performance, operation or security of any Platform that arise from the Your content or third party content.
- BYF does not make any representation or warranty regarding the reliability, accuracy, completeness, correctness, or usefulness of third party content, and disclaims all liabilities arising from or related to third party content.
- BYF gives no indemnity as to the correctness of the information or the data given on the Platform or through any of its features, applications or products. BYF shall not be liable for any loss or damage arising directly or indirectly from use of the data, features, applications, products provided by the Company and available on the Platform.
- In respect of any information provided on the Platform pertaining to mental health, the views provided on the Platform are the opinion of the author, or the person so providing those views. These are not the views, opinions of BYF or any of its employees or directors or officers.
- YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE WEBSITE, PLATFORM AND/OR AVAILING OR PROVIDING ANY SERVICES REMAINS SOLELY WITH YOU.
K. Limitation of Liability
- Notwithstanding anything contained elsewhere in these Terms, in no event shall BYF be liable to You or anyone claiming under You for the cost or loss including but not limited to any special, exemplary, consequential, incidental, punitive or indirect damages on any theory of liability, whether in contract, tort (including without limitation negligence or medical negligence), strict liability or otherwise. The limitations set forth in this section shall apply even if You are advised of the possibility of such damage.
- In no event or circumstance will the Company be under any liability to make good any loss whether by way of any monetary payment or otherwise.
- BYF or anyone else involved in administering, distributing or providing any Platform further explicitly disclaims any and all liability for any mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses computer viruses or other harmful, disabling computer code, computer instructions, circuitry or other technological means whose purpose is to disrupt, damage or interfere with any computer and communications facilities or equipment ("Harmful Code") that may be transferred to Your Devices when accessing any Platform. By way of clarification, Harmful Code shall include, without limitation, any code containing viruses, Trojan horses, worms or like destructive code or code that was intentionally written to self-replicate. You are advised to obtain and use appropriate anti-virus and security software and to take all other appropriate measures to safeguard the integrity of Your Devices.
We may discontinue offering our Services or Platform and we may suspend or terminate your right to use our Services or Platform at any time, in the event that you breach these Terms, for any reason, or for no reason at all, in our sole discretion, and without prior notice to you. After such termination, BYF will have no further obligation to provide the Services.
Upon termination of your right to use our Services or Platform or our termination of the Services or Platform, all licenses and other rights granted to you by these Terms will immediately terminate.
Any suspension, termination, or cancellation will not affect your obligations to BYF under these Terms which by their nature are intended to survive such suspension, termination, or cancellation. For example, but not by way of limitation, upon any such suspension, termination, or cancellation the provisions of Intellectual Property Rights, Disclaimer of Warranties, Indemnification, Limitation of Liability, General Terms, and Governing Law shall survive and remain in full force and effect, but the provisions of Your License to use the Platform shall be suspended, terminated or cancelled, as the case may be.
M. Errors and Inaccuracies.
The information on the Platform including, without limitation, information regarding pricing, may contain typographical errors or other errors or inaccuracies, and may not be complete or current. BYF reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice to you. BYF will not, however, guarantee that any such errors, inaccuracies, or omissions will be corrected. BYF reserves the right to refuse to fill any orders or provide Services that are based on inaccurate or erroneous information on the Platform, including, without limitation, incorrect or out-of-date information regarding pricing, payment terms, or for any other lawful reason.
Use of the Platform by the End User
No part of the Platform may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, web site or other medium for publication or distribution or for any purpose whatsoever, without the Company’s express prior written consent.
You shall not use any “deep-link”, “page-scrape”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, to obtain or attempt to obtain any materials, documents or information or content through any means not purposely made available through the Platform. We reserve the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to the Company server, or to any of the services offered on or through the Platform, by hacking, password “mining” or any other illegitimate means.
You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information of any other user of or visitor to the Platform, including any BYF account not owned by You, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Platform.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform. You shall not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
You shall not use the Platform for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or the others users.
In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based ,on the Platform in any way, unless it is expressly permitted by the Company in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
- To the extent that anything in or associated with any Platform is in conflict or inconsistent with these Terms, these Terms shall take precedence and prevail. Our failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under these Terms shall survive any discontinuance of the access or use of any Platform.
- If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
- These Terms is personal to you and you may not assign these Terms or your rights to the Services or obligations to any other party. We expressly reserve the right to assign these Terms and to delegate any of its obligations hereunder, under our sole discretion and without your consent. We may also assign or delegate certain of our rights and responsibilities under these Terms to independent contractors or other third parties.
- We shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any right or remedy shall operate as a waiver of that right or remedy or any other rights or remedies. A waiver on any particular occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
- These Terms have been provided in good faith through arms’ length negotiations. Nothing contained in these Terms, is intended or shall be construed to require, influence or otherwise induce or solicit a party or any of its affiliates regarding referrals of business, or recommending the ordering of any items or services, of any kind whatsoever to any of the other parties or their affiliates, or to any other person.
O. Governing Law
- These Terms shall be governed and construed under the laws of India and the courts of Chennai shall have exclusive jurisdiction.
P. Contacting Us.