Website Terms and Conditions of Use
About the Website
Welcome to www.weareescala.com (the 'Website'). The Website provides end to end offshore staffing solution, digital agency, management consulting services with the aim to increase productivity and reduce staffing cost. (the 'Services').
The Website is operated by escala LCC. Access to and use of the Website, or any of its associated Products or Services, is provided by escala. Please read these terms and conditions (the 'Terms') carefully.
By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
escala reserves the right to review and change any of the Terms by updating this page at its sole discretion. When escala updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
Acceptance of the terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by escala in the user interface.
Subscription To Use The Services
In order to access the Services, you must subscribe through the Website (the 'Subscriber').
As part of the subscription process, you may be required to provide personal information about yourself (such as identification or contact details), including:
- Email address
- Preferred username
- Other details as needed to provide the services
You warrant that any information you give to escala in the course of completing the registration process will always be accurate, correct and up to date.
Once you have completed the subscription process, you will be a registered user of the Website ('User') and agree to be bound by the Terms.
You may not use the Services and may not accept the Terms if:
you are not of legal age to form a binding contract with escala ; or
- you are a person barred from receiving the Services under the laws of Delaware or other countries including the country in which you are resident or from which you use the Services.
Your Obligations As A User
As a User, you agree to comply with the following:
you will use the Services only for purposes that are permitted by:
- the Terms; and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
- you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
- any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify escala of any unauthorised use of your password or email address or any breach of security of which you have become aware;
- access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of escala providing the Services;
- you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of escala;
- you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
- you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by escala for any illegal or unauthorised use of the Website; and
- you acknowledge and agree that any automated use of the Website or its Services is prohibited.
Availability And Access To The Website
- weareescala.com aims to ensure the website is available at all times but accepts no liability for any disruption or non-availability of the website resulting from maintenance work or external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship. You are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense.
- weareescala.com may at any time, without notice to you, suspend or terminate your access to this Website, or any service forming part of this Website, for any reason. This may include without limitation, breach of these Terms and conditions, where you have provided false or misleading information, or if weareescala.com cannot verify the information submitted to the Website. weareescala.com is not liable to you or any third party for any suspension or termination of access to this Website.
Copyright And Intellectual Property
The Website, the Services and all of the related products of escala are subject to copyright. The material on the Website is protected by copyright under the laws of Delaware and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by escala or its contributors.
All trademarks, service marks and trade names are owned, registered and/or licensed by escala, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a User to:
- use the Website pursuant to the Terms;
- copy and store the Website and the material contained in the Website in your device's cache memory; and
- print pages from the Website for your own personal and non-commercial use.
escala does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by escala.
escala retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
- business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
- a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
- a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
You may not, without the prior written permission of escala and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
Third Party Intellectual Property
Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the health providers as may be applicable
Links to other Website
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of weareescala.com or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this website does not imply any endorsement of the sites themselves or of those in control of them and escala.com reserves the right to terminate a link to a third party website at any time.
Links to Website
Those wishing to place a link to this website on other sites may do so without prior permission provided such a link does not portray weareescala.com in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable.
Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Delaware Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by law:
all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
- all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
- escala will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of escala make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of escala) referred to on the Website. includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
- failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
- the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
- costs incurred as a result of you using the Website, the Services or any of the products of escala; and
- the Services or operation in respect to links which are provided for your convenience.
Limitation of Liability
escala's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
You expressly understand and agree that escala, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
The Terms are governed by the laws of Delaware,United States. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.