1. Other applicable terms
2. Our responsibility
Persons other than the Company which provide services through the Website. In addition, the Company may provide links to the sites of such Companies and may enable a User to communicate with such persons. If a User transacts or deals with any other User or such person, the User is transacting or dealing with directly from those third parties and not the Company. The Company is not responsible for examining or evaluating, and the Company does not warrant, the offerings of, or the actions of any such persons or assume any responsibility or liability.
“Applicable Laws” means all applicable (i) statutes, enactments, acts of legislature or parliament, laws, bye-laws, ordinances, rules, regulations, listing agreements, notifications, guidelines or policies of any applicable jurisdiction; (ii) administrative interpretation, writ, injunction, directions, directives, judgment, arbitral award, decree, orders or consents of, or agreements with, any Governmental Authority or a recognized stock exchange; and (iii) international tax treaties, as may be in force from time to time.
“Candidates” means the candidates for hirings and postings as identified by a User or the Company, with or without using the Services.
“Confidential Information” means any information concerning Candidates, the business, affairs, pricing, customers, clients or suppliers of the Company or the User or the Entity, all tangible and intangible information obtained, developed or disclosed or accessed including all documents, data papers and statements and trade secrets, as applicable;
“Entity” shall mean any limited or unlimited liability company, corporation, partnership (whether limited or unlimited), proprietorship, Hindu undivided family, trust, union, association, government or any agency or political subdivision thereof or any other entity that may be treated as a person under applicable law and shall not include natural person.
“Governmental Authority” means any Indian or non-Indian court of competence, arbitral tribunal, legislative, executive or administrative agency or commission or other governmental or regulatory agency or authority or any securities exchange.
“Fees” means the fee payable for the use of any of the Services on the Software, as specified by Company from time to time.
“Intellectual Property Rights” means all patents, trademarks, trade names, service marks, service names, logos, internet domain names, corporate names, rights in designs, copyright (including right in computer software) and moral rights, database rights, semiconductor topography rights, utility models, formulae, processes, trade secrets, proprietary information, rights in knowhow and other intellectual property rights, in each case, whether registered or not and including applications for registration, and all rights or forms of protection having equivalent or similar effect anywhere in the world.
“Marketplace Service” shall mean the platform provided by the Company that enables Users and Entities to identify Candidates, post Candidates’ requirements and other features as provided by the Company.
“Personal Data” means any information or set of information relating to a natural person that identifies such natural person or could be used to identify such natural person, including without limitation, a natural person name, address, telephone number, email address or call data records.
“Services” means the different service which are offered from time to time by the Company to a User and shall include without limitation the use of the Software and the Value Added Services.
“Software” means the software provided by the Company which inter alia facilitates creation of job postings, communications platform and updates.
“Website” means the website operated by the Company.
“Value Added Services” means the additional services provided by the Company which are specifically availed by a User/Entity and shall include, without limitation, the Marketplace Services.
The User agrees that the User shall be bound by these Terms by accessing the Services on the Website, or by otherwise availing of the services from the Company.
6. Use of the Website
6.1 The User shall register on the Website using the email ID of the Entity as the employer or recruitment agencies and the login credential to access the Website shall be sent on the registered email ID of such User. It is the responsibility of the User to inform the Company in case of any change in the details of the User.
6.4 The User accepts all liabilities with respect to any compromise or unauthorized use or disclosure or access to such information caused by any act or omission of the User.
6.5 The User may not use the Services and any other services provided by the Company or the Website for any illegal or unauthorised purpose nor may the User, in the use of the Website, violate any Applicable Laws (including but not limited to copyright laws). The Company reserves the right to refuse or discontinue any services provided by the Company or the Website to anyone for any reason at any time.
6.6 The Services and the use of the Website is not transferrable or assignable. The User shall not share the login details, usage rights or access to the Services and the use of the Website to any unauthorized persons.
7. Payment of Fees
7.1 The Services, including any Value Added Services, shall be subject to payment of Fee as specified by the Company, or as agreed in the written agreement entered into between the Company and a User / Entity. The User will not be able to use or access any paid Services unless the User has paid the relevant Fee as specified by the Company and the Company has granted the User access to such Services pursuant to a written agreement entered into between the Company and a User / Entity. In case of the non-payment of the Fees, the Company reserves the right to discontinue the Services and/or restrict the User’s access to the Website for the Services. In case of any delay in payments by the User/ Entity, all delayed amounts shall subject to a default interest of 1.5% (one point five percent) per month, calculated daily, and shall accrue from the date such payment became due to the date of actual payments.
7.2 In case of any disputes in the fees as mentioned in the invoice, the User shall inform the Company in writing of any disputed amount along with the reasons thereof within 15 (fifteen) days of the date of receipt of the invoice reflecting such disputed amounts. Upon receipt of dispute notice, both Company and User shall promptly seek to resolve the dispute by mutual discussion.
7.3 Unless agreed in writing between the User and the Company, the Fees for the Services or any other services provided by the Company, as displayed on the Website, are subject to change without notice. The Company reserves the right to modify the Fee at any time with a notification to the User. In case of the User’s continued use of the Website, it shall be deemed that the User has accepted such revised Fees.
8. Restrictions on the use of the Website
8.1 Only 10 (ten) Users from each Entity shall be allowed to register on the Website for availing the use of the Software of the Company in case such Entity has not paid for the subscription to the Software.
8.2 The User shall not redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the Services or the Website or any component or content thereof, available to any third parties prior the prior written consent of the Company.
8.3 The User shall not circumvent or disable any digital rights management, usage rules, or other security features of the Website; remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Website; and not use the the Website in a manner that threatens the integrity, performance, or availability of the Website.
8.4 Without limiting the foregoing, the User agrees that the User shall not use the Website or the Services of the Company to undertake any of the following actions or to display, upload, modify, publish, distribute, disseminate, transmit, update or share any information that:
a. that the User does not have a right to make available under any law or contractual or fiduciary relationship, unless the User owns or controls the rights thereto or have received all necessary consents for such use of the content;
b. is defamatory, vulgar, obscene, pornographic, paedophilic, invasive of another person’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
c. is harmful to minors and children;
d. infringes patent, trademark, copyright or other proprietary rights or intellectual property rights of any person or entity;
e. violates any applicable law, regulation or generally accepted practices or guidelines in India;
f. deceives or misleads any other user of the Website or the Services, the Company or any other person the origin of any messages on the Website or the Services or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
g. impersonates any person or entity, or falsely state or otherwise misrepresent the User’s affiliation with a person or entity;
h. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;
i. contains viruses, trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines, code, files or such other programs that may harm the Website, interests or rights of other users or limit the functionality of any computer software, hardware or telecommunications, or that may harvest or collect any data or personal information about other Users without their consent; and
j. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.
8.5 Without limiting the foregoing, the User agrees that the User shall not:
a. decompile, reverse engineer, or disassemble the contents of the Website or the Services or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website or the Services, or remove any copyright, trademark registration, or other proprietary notices from the contents of the Website or the Services;
b. (i) use the Website and any of the Services for commercial purposes of any kind except as permitted, or (ii) advertise or sell the Website or Services of the Company or domain names or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind, or (iii) use the Website or the Services in any way that is unlawful, or harms the Company or any other person or entity as determined by the Company;
c. Engage in any activity which would interfere with any other person's use or enjoyment of the Website or the Services including engage in disruptive attacks such as denial of service attack on the Website or the Services;
d. Access or use the Website or the Services of the Company in any manner that could damage, disable, overburden or impair any of the Website’s servers or the networks or the Services;
e. Disrupt or interfere with the security of, or otherwise cause harm to the Website or the Services of the Company, materials, systems resources, or gain unauthorized access to user accounts, passwords, servers or networks connected;
f. Use deep-links, page-scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to increase traffic to the Website or the Services, to access, acquire, copy or monitor any portion of the Website or the Services, or in any way reproduce or circumvent the navigational structure or presentation of the Website, or any content, to obtain or attempt to obtain any content, documents or information through any means not specifically made available through the Website or the Services; and
9. The Company’s rights
The Company reserves the right to suspend/discontinue the Website or the Services of the Company and any other products/services to the User and/or to sever its relationship with the User, at any time, for any cause, including, but not limited, to the following:
b. For any suspected discrepancy in the particular(s), documentation or information provided by the User;
c. To combat potential fraud, sabotage, wilful destruction, threat to national security, for any other force majeure reasons etc.;
d. If the same is due to technical failure, modification, upgradation, variation, relocation, repair, and/or maintenance due to any emergency or for any technical reasons;
e. If the same is due to any transmission deficiencies caused by topographical and geographical constraints/limitations;
f. If the User does not have the control over the User’s login details and password or the User’s account is compromised in any other manner;
g. If the User indulges in any abusive or aggressive or threatening behaviour or any act or any intimidation or harassment of any kind (be it verbal or physical or written) against any employee / representative / agent of the Company or any other User; and
h. If the Company believes, in its reasonable opinion, that cessation/ suspension is necessary.
10. Accuracy of information
The Company is not responsible if information made available on the Website (including any information in relation to the services of the Company) is not accurate, complete or current. The material on the Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting, primary, more accurate, more complete or more timely sources of information.
No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third-party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, is given in conjunction with the Website or the Services. While the Company may apply such technology as it deems fit to ensure the security of and prevent unauthorised access to its Services, the Company does not warrant that Services or any content/data will be provided uninterrupted or free from errors or that any identified defect will be immediately corrected. Further, no warranty is given that Services or any data/content are free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros. The Company provides the Website or the Services and other services on an “as is”, “where is”, “with all faults” basis.
ALL OTHER WARRANTIES, WHETHER LEGAL, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR USAGE OR FOR THE INTENDED USE THEREOF ARE EXPRESSLY EXCLUDED IN CONNECTION WITH THE USE OF THE PLATFORM, THE WEBISTE OR THE SERVICES OF THE COMPANY.
12. Exclusions of liability
12.1 Notwithstanding anything to the contrary, the Company, its successors, agents, assigns, and each of their directors, officers, employees, associates, agents, and representatives shall in no event be liable to the User or the Entity:
a. any indirect, incidental, special, consequential, punitive or economic loss, expense or damage arising from or in connection with any access, use or the inability to access or use the Website or the Services of the Company or reliance on those, howsoever caused and regardless of the form of action (including tort or strict liability);
b. any downtime costs, loss of revenue or business opportunities, loss of profit, loss of anticipated savings or business, loss of data, loss of goodwill or loss of value of any equipment including software;
c. any loss or damage arising as a result of a disclosure/sharing or hacking of the User’s login details and password, and any improper usage, failure or malfunction of any computer or mobile phone, unavailability of an electricity connection, other telecommunications equipment, any other services or equipment necessary to access the Website or the Services;
d. act or omission of any third party including but not limited to any participants, interviewers or any equipment or software providers, any service providers, any network providers (including but not limited to telecommunications providers, internet browser providers and internet access providers), or any agent or subcontractor of any of the foregoing; and
e. theft or loss of the User’s computer, mobile phone, the User’s data, the User’s login details and password, hardware.
12.3 The Company is not responsible for any information or content uploaded by any User on the Website.
13.1 The Company shall maintain strict confidentiality of the Confidential Information of the User/Entity shall not at any time disclose to any person any Confidential Information except:
b. to the extent that such Confidential Information is required to be disclosed by any applicable law or required to be disclosed to any Governmental Authority to whose jurisdiction the Company is subject or with whose instructions it is customary to comply; and
c. to the limited extent it is required to be disclosed for the provision of the Services;
d. insofar as such disclosure is reasonably necessary to such Company’s employees, directors or professional advisers, provided that such Party shall procure that such employees, directors or professional advisors treat such Confidential Information as confidential.
13.2 In case of a termination of the Services to a User, the Company shall cease use of the Confidential Information of the User and thereafter not use the Confidential Information in any manner whatsoever, except to the extent that the User has agreed that Confidential Information may continue to be held or used.
13.3 The User/Entity shall maintain confidentiality of the Confidential Information of the Company which may come into the possession of the User/Entity and any disclosure of the same shall be subject to the exceptions set out in Clause 13.1 above.
14. Personal data
14.1 If the User has provided any Personal Data to enable the Company to provide the Services, the Company shall use and/or hold such Personal Data for the said purposes and in the manner directed by User and shall not otherwise modify, amend or alter the contents of such Personal Data, except as required to provide the Services.
14.2 All right, title, and interest in such Personal Data shall belong to the User/Entity and/or the providers of such Personal Data and the Company shall not have any right in the same, except that, the Company shall have the right to analyse and modify such data to created derived data for improvement of the Services, marketing purposes and other uses permitted under applicable laws.
14.3 The User confirms that the User has all relevant consents and authorizations for providing the Personal Data and for the processing and use of the same for the Services.
14.4 The Company shall take appropriate technical and organisational measures to protect all data handled or stored by it in the course of providing the Services against accidental or unlawful destruction and/or accidental loss, alterations, unauthorised disclosure and/or access.
15. Responsibility in relation to Candidates
15.1 The User agrees and acknowledges that the Company does not warrant or guarantee that any Candidate is appropriate for the User/ Entity and the Company does not accept any liability for the same.
15.2 If pursuant to the Value Added Services, the Company carries out any verification, the User/Entity agrees and acknowledges that the Company only verifies the documents uploaded by the candidate on the Software and does not perform any independent background check or in-person verification of the Candidates. Verifications in respect of criminal charges and matters are carried out through the data available on https://districts.ecourts.gov.in/. The User/ Entity agrees and acknowledges that such data may not be error free and may be incomplete and the Company does not assume any liability for the same. All such verification is provided on an “as is” basis.
16. Marketplace services
The Company provides a system for the Users to interact and identify Candidates on the marketplace using the Marketplace Services. In case the Marketplace Service is used by the User, the Company does not assume any liability or responsibility for the communications that a User may have with other Users or Candidates or any other Person and the Company expressly disclaims all liabilities.
17. Intellectual property
17.2 No part or parts of the Website may be reproduced, distributed, republished, displayed, broadcast, hyperlinked, transmitted, adapted, modified to create derivative works or otherwise commercially exploited in any manner or by any means or stored in an information retrieval system without the Company’s prior written permission. The User may view, print or use the Company’s content for personal, non-commercial use only, provided further that the User does not modify the content and that the User retains all copyright notices and other proprietary notices contained in the content.
17.3 The User shall not claim any rights or interest in the Intellectual Property Rights of the Company or its partners, or in connection with any other services, features or product offered by the Company to the User. In no event shall the User alter, copy, replicate, convert, tamper, vary, modify, change, disassemble, decompile, or reverse engineer any Intellectual Property Rights of the Company (including without limitation any Intellectual Property Rights licensed to the Company by any other Entity or any natural person) (collectively, “IP Property”), or permit others to do so or encourage others to do so.
20. Force Majeure
21. Relationship of the parties
23. Governing law and jurisdiction
24. Contact Information
SEC-46, PLOT.NO-1076, GURUGRAM, Gurgaon, Gurugram, Haryana, 122003
25. Cumulative rights