TERMS OF USE

Our websites www.fastapplyjobs.com  and https://www.joveo.com (including any extensions on these domain names) along with our proprietary software like Fast Apply Jobs, Mojo, Joveo Ad Exchange, Pubmato and other such applications as developed from time to time (including all data and related documentation, code, machine code, source code, graphics, images, designs, logos, artificial intelligence, programs, layouts and specifications contained in or generated by the software, together the “Software”) and applications (including but not limited to, the mobile application ‘Fast Apply Jobs’ and any applications created by the Company on third party websites) (together, “Website”) is authored, operated, owned and published by Joveo Inc., California, USA and its affiliated companies (“Company”) for providing its service(s) to any person who wishes to procure the Services in terms of these Terms of Use or such other agreement executed by a user of the Website with the Company. 

By accessing, browsing and/or using this Website, you acknowledge that you have read, understood, and agree to abide by and comply with all terms, conditions, and notices contained in or referenced by these Terms of Use. You further agree to be of a minimum age of 18 or higher as may be required under applicable laws to avail our Services. You further agree to be governed by any additional terms and conditions that may apply to you arising of your accessing, browsing and/or using of this Website, whether contained on this Website or in a separate agreement with the Company. In the event of any conflict between these Terms of Use and such additional terms and conditions (or any such separate agreement as may be agreed between the Company and you), such additional terms and conditions (or the relevant terms of such agreement) shall govern to the extent of the conflict. 

The Company reserves the right, in its discretion, to update or revise these Terms of Use and to post such updated or revised Terms of Use on this Website. If you do not agree to these Terms of Use, please do not use this Website. Please check the Terms of Use periodically for changes. Your continued use of this Website following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

1. NATURE AND APPLICABILITY OF TERMS

Please carefully go through these terms and conditions, including Schedule A (Terms applicable to all Users other than the Customers (as defined below)) and Schedule B (Terms of Use for Customers) to these Terms of Use, as may be specifically applicable to you (“Terms” / “Terms of Use”) and the privacy policy available at  https://www.joveo.com/privacy-policy/  (“Privacy Policy”) before you decide to access the Website or avail the services made available on the Website by the Company. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and the Company in connection with your visit to the Website and your use of the Services (as defined below). 

The Agreement applies to you whether you are:

  1. A company seeking to employ Job Seekers(s) (as defined below) or a recruitment agency (whether an individual professional  or an organization or job boards) or similar institution wishing to be registered, or already registered, on the Website, including authorised associates, personnel, officials or consultants of such companies or recruitment agencies (“Customer”); or 
  2. An individual wishing to be registered, or already registered, on the Website (“Job Seeker”)
  3. A Customer or a Job Seeker who is registered on the Website and has been accessing the Website for availing the Services on the Website (“Registered User”); or
  4. Users of this Website who are not registered with the Website but may access information on the Website (“Non-Registered Users”).

The Customer, Job Seeker, Registered User and Non-Registered User of the Website shall collectively be referred to as the “Users” and each, individually, as the “User” or “You”. Job Seekers who are Registered Users shall be referred to collectively as “Registered Job Seekers” and each, individually, as the “Registered Job Seeker”.

2. SERVICES            

This Agreement applies to those services made available by the Company on the Website, which are offered in terms of this Agreement (or such other agreement you may have entered into with the Company as a Customer) (“Services”), including, but not limited to, the following:

1. For the Customer:

  • providing a platform to create and maintain an account on the Website; 
  • providing a platform to store Personally Identifiable Information (as defined subsequently in these Terms of Use) of the Customer as these Terms of Use or any agreement with the Customer prescribe to be stored;
  • providing a platform to disseminate such information (including any list profile and contact details of the Customer) as the Customer may choose to the relevant Job Seeker who is availing the Services on the Website;
  • providing access to a database of Users in terms of these Terms of Use;
  • providing a platform to interact with Job Seekers directly to provide advice on their job-related queries;
  • providing a platform which uses Artificial Intelligence (“AI”) owned, developed or licensed by the Company to render the Services to you;
  • providing a platform to buy ad-space on various platforms under direct supervision, guidance from the Customer in terms of the Terms of Use;
  • to provide a platform to display ads by the Customer to the Job Seekers who visit the Website. The Company and the Website reserve the right to send emails, messages (through SMS, WhatsApp, Facebook etc.) based on the status of the application and based on the Registered Job Seeker’s activity on the Website, send information of the relevant applications to the Customers;
  • providing a platform to receive fees for the services rendered to the Users; and
  • providing a platform to facilitate user management for the Customer inter alia by way of generation and management of ads, using its Software.

2. For Job Seekers: 

  • providing a platform to create andmaintain an account on the Website; 
  • providing a platform to store Personally Identifiable Information of the Registered Job Seekers which may be shared with the Customer or any other organization for the purposes of rendering Services;
  • providing such services which will allow such data stored with the Website / Company to be used by the Website / Company for making multiple job applications with the same Customer (as chosen and already applied to by the Registered Job Seeker) or with any other Customer of the Website;
  • providing a platform to utilize social data and social media logins of the Job Seekers to authenticate the Job Seekers, to get user information to prefill the application forms, and to utilize and store any information received from the social login and to also use such information for future job applications of such Job Seekers; 
  • providing integration of the Software with third party websites;
  • providing a platform to the Registered Job Seeker to upload resume, curriculum vitae, biodata etc. using cloud service providers such as Google Drive, Dropbox, OneDrive etc. or from the Registered Job Seeker’s mobile or desktop or any other device. The Company and the Website reserves the right to upload up to 10 resumes for each Registered Job Seeker and delete any older versions;
  • to auto create a resume for the Registered Job Seeker and upload it on its behalf in the event the Registered Job Seeker does not upload a resume;
  • to provide a platform for interactive sessions between the Registered Job Seekers and the Customer for the Job Seekers to privately seek job-related queries via a chat box or mail and seeking information from the Customer or such other interaction as the Website may decide from time to time (including such manner which utilises the Personally Identifiable Information of the Registered Job Seeker entered on the Website);  
  • to provide a platform to display ads by the Customer to the Job Seekers who visit the Website. The Company and the Website reserve the right to send emails, messages (through SMS, WhatsApp, Facebook etc.) based on the status of the application and based on the Registered Job Seeker’s activity on the Website, and to send information of the relevant applications to the jobs or ads you have viewed or submitted; 
  • to provide a platform for:
    1. scheduling interviews for the Registered Job Seekers with the Customer; and
    2. sending reminders / alerts notifying the Registered Job Seekers about follow-up with the Customer.
  • in the event the details provided by the Registered Job Seeker are incomplete in any respect, the Website may pre-fill and choose some default options on the Registered Job Seeker’s behalf based on the Website and the AI’s machine learning patterns. The Registered Job Seeker may however utilize the options provided on the Website to change these options that are chosen by the Website / AI. The Registered Job Seeker hereby consents to the same and agrees that the he / she / it shall not have any claims against the Company or the Website in this regard;
  • to receive Registered Job Seeker’s location data (including as regards the city, state or country of the Job Seeker) with their consent to determine which ads to display and for evaluating the success;
  • to use the Registered Job Seeker’s data (including Personally Identifiable Information) to auto create resumes, prefill application forms for the Registered Job Seeker and apply to multiple jobs simultaneously; and 
  • to provide a platform to create email addresses on behalf of the Registered Job Seeker and to send application forms on behalf of the said Registered Job Seeker.

The Services may change from time to time, at the sole discretion of the Company, and the Agreement will apply to your visit to and your use of the Website to avail the Services, as well as to all information provided by you on the Website at any given point in time. This Agreement defines the terms and conditions under which you are allowed to use the Website and describes the manner in which we shall treat your account while you are registered as a member with us. By downloading or accessing the Website to use the Services, you irrevocably accept all the conditions stipulated in this Agreement and agree to abide by them, subject to any specific agreement entered into between the Customer and the Company. Except where a Customer has executed a specific agreement with the Company as regards the provision of any specific services, this Agreement supersedes all other previous oral and written terms and conditions (if any) communicated to you (whether you are a Customer or a Job Seeker). If a Customer has entered into a general or master services agreement with the Company, to the extent there is conflict between the such agreement and these Terms of Use, the said agreement (and the terms therein relating to the conflicting terms) shall govern the relationship between the Customer and the Company.By availing any Service, you signify your agreement to this Agreement.

The Company expressly states that there may be separate terms and conditions governing its relationship of the Customer (as set out in Schedule B) and the Users not being Customer (as set out in Schedule A). Such terms and conditions shall not in any manner dilute any of the terms and conditions set out herein or in the Privacy Policy.

We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you through the registered email address provided by you and/or by means of a pop-up message on the Website of the Company and/or by way of revised terms and conditions that maybe included in any future releases of the Website or by way of updates to the Agreement as available on the Website. The terms of this Agreement shall at all times be accessible to you and we request you to read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your unqualified consent and agreement to follow and be bound by the Agreement so modified. 

You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services. Please note that our Services are limited to the provision of a software platform to enable the interaction between a Customer and other Users. We are not responsible for provision of any services or obligations by and between the Customers or the other Users. 

Your access to the use of the Website and the Services will be solely at the discretion of the Company.

3. CERTAIN OTHER RIGHTS AND OBLIGATIONS RELATING TO THE REGISTERED JOB SEEKER

 1. Personal Identifiable Information:

  • The Company reserves the right to store the personally identifiable information such as name, email address, phone number etc. of the Users to complete the information and application form on behalf of the User.
  • The Company may use this information to apply for multiple jobs with the same Customer or with different Customers.

2. Social Logins:

  • The Company reserves the right to use the social logins of any Registered Job Seeker to authenticate the User’s identity and/or information provided by such User.
  • The Company reserves the right to use the social logins of any Registered Job Seeker to get information to pre-fill the application forms of the Registered Job Seekers.
  • The Company reserves the right to store any information received from such social login and use it for any future job applications on behalf of the Registered Job Seeker to whom such information relates to.

3. Resume:

  • The Registered Job Seekers may upload their resume on the Website (through the channels provided by the Company on the Website) using cloud service providers such as Google Drive, Dropbox, OneDrive etc.
  • The Registered Job Seeker, upon such an option being provided by the Website, can choose to upload their resume from their mobile, computer desktop or any other device which can access the Website and the platform provided by the Website.
  • The Company and/or the Website, at its discretion, may store up to 10 resumes for each Registered Job Seeker and can delete the older versions of the same.
  • The Company and / or the Website reserve the right that in case the Registered Job Seeker does not upload a resume, they may auto create the Registered Job Seeker’s resume and upload it on behalf of the Registered Job Seeker on the Website.
  • The Company and / or the Website shall not be responsible for any delays in the submission of the application form to any Customer from the Registered Job Seeker and also clarify hereby that such application may also possibly fail to reach the Customer in certain cases. Notwithstanding the contents of this Agreement, the Company and / or the Website shall bear no responsibility whatsoever to any of the Users as regards such delayed or failed applications.

4. Retargeting:

  • The Company or the Website may contact the Registered Job Seeker by way of emails, messages (SMS, WhatsApp, Facebook etc.) based on the status of the Registered Job Seeker’s application.
  • The Company or the Website may also send information of the relevant jobs / Customer to the Registered Job Seeker based upon the Registered Job Seeker’s activity on the Website (including but not limited to whether the Registered Job Seeker has viewed or submitted any applications).

5. In the event the details provided by the Registered Job Seeker are incomplete in any respect, the Website may pre-fill and choose some default options on the Registered Job Seeker’s behalf based on the Company and / or the Websites machine learning patterns / AI and the Registered Job Seeker agrees for the same. The Registered Job Seeker however shall have the option to change these options.

6. Flow of inputs:

  • The Company and / or Website may at their discretion not make available certain questions in the application form available to the Registered Job Seeker to fill-in as part of the mandatory flow of inputs to be provided by the Registered Job Seeker in such application form. Such inputs shall be made available for the Registered Job Seeker to enter only as an optional data input that they make as part of the job application process.
  • The Company and / or the Website reserve the right to also completely remove, at their discretion, certain questions and pre-fill data on the behalf of the Registered Job Seekers.

7. Availability of the Terms of Use for subsequent reference:

  • If a Registered Job Seeker who has logged into the Website accepts the Terms of Use under this Agreement in the first instance, the Website will not show / reflect these Terms of Use again for the Registered Job Seeker’s perusal at the time of the Registered Job Seeker’s new application on the Website, where such application is being made to the same Customer on the Website.
  • However, the Website will provide these Terms of Use to a Registered Job Seeker who has logged in to the Website, at the time the Registered Job Seeker is making any application for a job with a different Customer.
  • It is expressly clarified that in the event the Registered Job Seeker skips the review of the Terms of Use on the Website, the Company and / or the Website shall at their discretion, re-direct them to the actual application page of the Customer to whom the Registered Job Seeker seeks to apply for the job.

8. Illegal Use or False Information by Registered Job Seeker:

The Registered Job Seeker represents, warrants and guarantees that the information it has provided to the Company and the Website is true, correct and accurate. In the event the Registered Job Seeker provides information that is false, incorrect or intended to deceive or mislead or puts the Website to any illegal use, the Company and / or the Website reserve the right to block and refuse grant of access to the Website to such Registered Job Seeker and to initiate or exercise any legal remedies as available to it under law of the relevant jurisdiction. 

4. TERMINATION 

4.1        The Company reserves the right to suspend or terminate a User’s access to the Website and the Services with or without notice and to exercise any other remedy available under law, in cases where,

  • such Registered Job Seeker breaches any terms and conditions of the Agreement;
  • a third party reports violation of any of its right as a result of your use of the Services;
  • the Company is unable to verify or authenticate any information provided to the Company by a User;
  • the Company has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
  • the Company believes in its sole discretion that the User’s actions may cause legal liability for such User, other Users or for the Company or are contrary to the interests of the Website.

4.2.Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User. The User shall ensure that he/she/it has continuous backup of any services the User has rendered in order to comply with the User’s record keeping process and practices.

5. LIMITATION OF LIABILITY

In no event, including but not limited to negligence, shall the Company, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto, the Services, User’s provision of information via the Website, lost business or lost Registered Job Seekers, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:

  1. provision of or failure to provide all or any service to a User to their satisfaction contacted or managed through the Website;
  2. any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;
  3. any unauthorized access to or alteration of your transmissions or data; or
  4. any other matter relating to the Website or the provision of Services.

In no event shall the Protected Entities be liable for any acts or omissions of a User including but not limited to the use of the relevant User in using the Website for providing advertisements, sharing of information or use of information by any User, unauthorised disclosure of records by the User to any other User etc. 

In no event will the Company be liable for any incidental, indirect, special or consequential damages or loss of goodwill or business profits for any claim arising under this Agreement, regardless of the cause of action and even if a party has been advised of the possibility of such damages.

The Company shall not be responsible for non-availability or access to the Website due to any technical reason including internet speeds or downtime, server downtime, failure of server to respond, virus, bugs, Trojan virus or other malware, whether known or unknown as of date, incompatibility of software or hardware or for any reason whatsoever.

The Company does not make any express or implied representations or warranties or any other obligations other than as specifically set out in the Terms of Use and the Privacy Policy. 

In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a User’s use of the Website or the Services exceed, the value of the transactions or services provided to you by Joveo or $250, whichever is lower, to the extent such claim is not otherwise barred.   

6. INDEMNITY

The User agrees to indemnify and hold harmless the Company, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from User’s access to the Website or to the use of Service, violation of this Agreement, or infringement, or infringement by any other User of his/her/its account, of any intellectual property or other right of any person or entity. The Company will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

7. APPLICABLE LAW AND DISPUTE SETTLEMENT

You agree that this Agreement including but not limited to these Terms of Use and the Privacy Policy are governed by California law without regard to choice of law principles and that any action arising from or related to this Agreement will be exclusively venued in a state or federal Court situated in San Francisco, California. 

It is agreed between all parties to this Agreement that class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity aren’t allowed. Nor is combining individual proceedings without the consent of all the parties including the consent of the Company.

8. INDEPENDENT SERVICES

Your use of each Service confers upon you only the rights and obligations relating to such Service, and not to any other service that may be provided by the Company.

9. CONTACT INFORMATION GRIEVANCE OFFICER

If a User has any questions concerning the Company, the Website, this Agreement, the Services, or anything related to any of the foregoing, the customer support can be reached at the following email address at [email protected]

If you have any grievance with respect to the Website or the service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at:

Name: Thomas Rickert

Designation:Grievance Officer

Address: Rickert Rechtsanwaltsgesellschaft mbH,

Colmantstr. 15, 53115 Bonn, Germany

Email: [email protected] 

10. SEVERABILITY

If any provision of the Agreement is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.

11. WAIVER

No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Company. Any consent by the Company to, or a waiver by the Company of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

SCHEDULE A 

TERMS OF USE APPLICABLE TO ALL USERS OTHER THAN THE CUSTOMER

1. REGISTERED USER ACCOUNT AND DATA PRIVACY

1.1 The term “Personally Identifiable Information” is as set out at [2 CFR § 200.79] and means the following:

“PII means information that can be used to distinguish or trace an individual’s identity, either alone or when combined with other personal or identifying information that is linked or linkable to a specific individual. Some information that is considered to be PII is available in public sources such as telephone books, public Web sites, and university listings. This type of information is considered to be Public PII and includes, for example, first and last name, address, work telephone number, email address, home telephone number, and general educational credentials. The definition of PII is not anchored to any single category of information or technology. Rather, it requires a case-by-case assessment of the specific risk that an individual can be identified. Non-PII can become PII whenever additional information is made publicly available, in any medium and from any source, that, when combined with other available information, could be used to identify an individual.”

1.2 The Company may by its Services, collect information relating to the devices through which you access the Website, and anonymous data of your usage. The collected information will be used only for improving the quality of the Company’s services and to build new services.   

1.3 The website allows the Company to have access to Registered Job Seeker’s personal email or phone number, for communication purpose so as to provide you a better way of scheduling appointments/ interviews and for obtaining feedback in relation to the Customer.

1.4 The Company shall not be responsible in any manner for the authenticity of the Personally Identifiable Information or information supplied by the User to the Company or to any other person acting on behalf of the Company.

1.5 The Registered Job Seeker is responsible for maintaining the confidentiality of his / her account access information and password. The Registered Job Seeker shall be responsible for all usage of his / her account and password, whether or not authorized by the Registered Job Seeker. The Registered Job Seeker shall immediately notify the Company of any actual or suspected unauthorized use of his / her account or password. Although the Company will not be liable for the losses caused by any unauthorized use of the Registered Job Seeker’s account, the Registered Job Seeker may be liable for the losses of the Company or others due to such unauthorized use. Please safeguard your login credentials and report any actual suspected breach of account to the email address specified at [email protected].

1.6 The Company may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.

1.7 It is your responsibility to keep your correct mobile number and email ID updated in the account formed by you. The records will be sent to the account associated with this mobile number and/or email ID. The Company is not responsible for any loss or inconvenience caused due to your non-updation of your contact details for the account formed by you.

2. LISTING CONTENT AND DISSEMINATING INFORMATION

2.1 The Company collects, directly or indirectly, and displays, at the Company’s discretion, on the Website, relevant information regarding the profile and the Customer listed on the Website, such as their location, vacancies available, area of expertise, salary range, job specifications and description and other similar details. The Company takes reasonable efforts to ensure that such information is updated at frequent intervals. Although the Company screens and vets the information and photos submitted by the Customer, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.

2.2 The Services provided by the Company or any of its licensors or service providers are provided on an “as is” and “as available” basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). The Company does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. The Company does not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, the Company disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by the Company or any User in relation to any User or services provided by such User.

2.3 The Website may be linked to the website of third parties, affiliates and business partners. The Company has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that the Company endorses the linked site. User may use the links and these services at User’s own risk.

2.4 The Company assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.

2.5 f the Company determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, the Company reserves the right to immediately suspend your access to the Website or any of your accounts with the Company and makes such declaration on the website alongside your name as determined by the Company for the protection of its business and in the interests of Users. You shall be liable to indemnify the Company for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected the Company or its Users.

3. INTERVIEWS AND INTERACTION WITH CUSTOMER

3.1 While the Company will try to ensure the Registered Job Seeker to find a job profile which matches his/her interest, the Company does not guarantee that the Registered Job Seeker would get shortlisted for an interview by the Customer. Further, the Company has no liability if such interview is confirmed but later cancelled by Customer, or the Customer is not available as per the given interview time.

3.2 You understand and agree that any interactions and associated issues with other Users including but not limited to your job and your experiences is strictly between you and the other Users. The Company is merely providing a platform for facilitating interactions between the Customer and the Registered Job Seekers. You shall not hold the Company responsible for any such interactions (or the lack thereof) and associated issues. For avoidance of doubt, the Company is not involved in providing any jobs or securing interviews and hence is not responsible for any outcome between you and the Customer you interact with, pursuant to any interactions on the Website. If you decide to engage with a Customer to provide a job position to you, you do so at your own risk. The Company shall not be responsible for any breach of contract or contract deficiency by any Customer. We cannot assure nor guarantee the ability or intent of the Customer to fulfil their obligations towards you.

3.3 Further, while every effort has been made to ensure the accuracy of the information and / or documentation generated by the AI and the correct functioning of AI, no liability can be accepted for any damage either directly or indirectly resulting from its use. The Company cannot be held responsible for any damage resulting from the use or misuse of any information contained in or implied by documents made available to the Registered Job Seeker.

Except recommending any job (with any particular Customer) over any other Customer solely dependent on the Job Seeker’s profile in terms of this Terms of Use, the Company does not, (i) recommend or endorse any Customer registered on the Website (ii) make any representations or warranties with respect to the Customer; and (iii) rank or grade the Customer.

3.4 You are responsible for the data and information entered or uploaded by you. You are required to ensure that the same is accurate, legible, complete and not misleading in any manner. 

3.5 Without prejudice to the generality of the above, the Company will not be liable for:

  1. Any type of inconvenience suffered by the User due to a failure on the part of the Customer to conduct interviews or to make himself/herself available at the appointed time, no show by the Customer, inappropriate treatment, or similar difficulties;
  2. any misconduct or inappropriate behaviour by the Customer or the Customer’s staff;
  3. cancellation or rescheduling of interviews;
  4. any action undertaken by the User pursuant to the ranking of the Customer which is published on the Website.
  5. any incorrect entries or personal details provided by any User.
  6. Any failure of any other User for undertaking any services to you as per your agreement with such User for which the Website is used as a facilitation tool; 
  7. Any use or misuse of your information or data provided or uploaded by you on the Website by a User with whom such data is shared.

3.6 Further, the Company shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the services provided by another User. All such feedback should be made in accordance with applicable law. The option of Users to give feedback remains at the Company’s sole discretion and may be modified or withdrawn at its sole discretion. The Company may moderate such feedback at any time. The Company shall not be obliged to act in any manner to give effect to the content of Users’ feedback, such as suggestions for delisting of a particular Customer from the Website.

4. NO RELIANCE

Please note that some of the content, text, data, graphics, images, information, suggestions, and other material (collectively, “Information”) may be available on the website and is hereby expressly clarified that, the Information that you obtain or receive from the Company, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Website. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.

5. CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS

5.1 The contents listed on the Website are (i) User generated content, or (ii) belong to the Company. The information that is collected by the Company directly or indirectly from the end-Users and the Customer shall belong to the Company. Copying of the copyrighted content published by the Company on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and the Company reserves its rights under applicable law accordingly. It being clarified that the details as provided or uploaded by you is information that the Company does not have access to and the Company does not own any such information save and except for such information that you have specifically agreed to share with the Company. 

5.2 The Company authorizes the User to view and access the content available on or from the Website solely for seeking and receiving the Services set out in this Agreement and communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, “the Company Content”), are the property of the Company and are protected under copyright, trademark and other laws. User shall not modify the Company Content or reproduce, display, publicly perform, distribute, or otherwise use the Company Content in any way for any public or commercial purpose or for personal gain.

5.3 User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

6. REVIEWS AND FEEDBACK

6.1 By using this Website, you agree that any information shared by you with the Company or with any Customer will be subject to our Privacy Policy.

6.2 You are solely responsible for the content that you choose to submit for publication on the Website, including any feedback, ratings, or reviews (“Feedback”) relating to Customer. The Company disclaims all responsibility with respect to the content of the Feedback. The Company shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.

6.3 You hereby agree not to post or publish any content on the Website that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation. The Company, at its sole discretion, may choose not to publish your reviews and feedback. You agree that the Company may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:

  1. Obtaining feedback in relation to Website or the Company’s services; and/or
  2. Obtaining feedback in relation to any Customer listed on the Website; and/or
  3. Resolving any complaints, information, or queries by Customer regarding your Feedback;

and you agree to provide your fullest co-operation further to such communication by the Company.

7. GENERAL TERMS OF USE BY REGISTERED JOB SEEKERS

The Website serves as an interactive platform between the Customer and the Registered Job Seeker for discussion on job related issues wherein the Customer may, at its discretion provide job opportunities.

You grant the Company the right to organise, categorise, collate or manage your information, including but not limited to Personally Identifiable Information, in the manner the Company deems fit. Such records shall be dealt with only in accordance with the terms of the Privacy Policy. 

SCHEDULE B

TERMS OF USE FOR CUSTOMER

1. GENERAL POLICY

1.1 The Company, directly and indirectly, collects information regarding the Customers’ profiles, contact details, and practice, and publishes these details on the Website in a manner accessible to the Registered Job Seekers availing the jobs consultancy and advice of the respective Customer. On a Customer’s request, the Company may take down any part of such Customer’s profile on the Website, provided, however, that the Company shall at no time be under any obligation to take down publicly available information about a Customer, his/her profile, contact details and/or practice. All information regarding the Customer’ profiles, contact details, and practice is collected for the purpose of facilitating interaction between and among Users and the Customer. If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform the Company immediately to enable the Company to make the necessary amendments.

1.2 The Company shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by the Users as a result of any disclosures or publications made by the Company, where the Customer has expressly or implicitly consented to the making of disclosures or publications by the Company. If the Customer had revoked such consent under the terms of the Privacy Policy, then the Company shall not be responsible or liable in any manner to the Customer for any losses, damage, injuries or expenses incurred by the Customer as a result of any disclosures made by the Company prior to its actual receipt of such revocation.

1.3 The Company reserves the right to moderate the suggestions made by the Customer through feedback and has the right to remove such content which is identified by the Company to be abusive or inappropriate or promotional content on the Website. However, the Company shall not be liable if any inactive, inaccurate, fraudulent, or non-existent profiles of the Customer are added to the Website.

1.4 Subject to applicable law and the Privacy Policy, the Company reserves the right to publish the Customer’s information to a third party, unless the Company receives an explicit informed objection from the Customer.

1.5 You, as a Customer hereby represent and warrant that you will use the Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and the Company accepts no liability for the same.

2. PROFILE OWNERSHIP AND EDITING RIGHTS

The Company provides the Customer with a tool to update your profile information and to manage their interaction with the Job Seekers. The Company reserves the right of ownership of all the Customer’s profile and photographs and to moderate the changes or updates requested by Customer. However, the Company takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile, provide services to the Users using the Website or otherwise while using the Company’s services, and that no such content breaches any third party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, the Company may terminate your usage of the Website, modify or delete parts of your profile information at its sole discretion with or without notice to you.

3. REVIEWS AND FEEDBACK DISPLAY RIGHTS OF THE COMPANY

3.1 All content that you choose to submit for publication on the Website, including any feedback, ratings, or reviews (“Feedback”) is content created by the other Users and the Customers, including the Registered Job Seekers. As a platform, the Company does not take responsibility for the Feedback.

3.2 The Company reserves the right to collect feedback and the Feedback for all the Customer listed on the Website.

3.3 The Company shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all the Feedback from any Service, except as required by applicable law.

3.4 You understand that by using the Services you may be exposed to the Feedback or other content that you may find offensive or objectionable. The Company shall not be liable for any effect on Customer’s business due to the Feedback of a negative nature. In these respects, you may use the Service at your own risk. 

3.5 The Company will take down information under standards consistent with applicable law, and shall in no circumstances be liable or responsible for the Feedback, which has been created by the Users. The principles set out in relation to third party content in these Terms of Use for the Website shall be applicable mutatis mutandis in relation to the Feedback posted on the Website.

3.6 If the Company determines that you have provided inaccurate information or enabled fraudulent feedback, the Company reserves the right to immediately suspend any of your accounts with the Company and makes such declaration on the website alongside your name/your clinics name as determined by the Company for the protection of its business and in the interests of Users. You shall be liable to indemnify the Company for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected the Company or its Users.

4. GENERAL TERMS OF USE FOR CUSTOMER

4.1 The Customer agrees that, when providing any written response to a User’s query or providing any other services using the Website that constitutes a performance of his / her services, the Customer shall not post language that may be considered abusive, objectionable or demeaning to any other User.

4.2 Customer hereby represents and warrants that:

  •  it / he is a registered company / agency which provides work opportunities;
  • has provided the Company true, accurate, complete and up to date details about their organizations.
  • Customer agrees that he/she shall at all times abide by the applicable regulations and guidelines as prescribed under applicable laws.

4.3 The Company reserves the right to terminate any account of the Customer in case:

  • the Customer breaches any terms and conditions of this Terms of Use or Privacy Policy or applicable laws;
  • the Company is unable to verify or authenticate any information provided to it by a Customer ; or
  • the Company in its sole and absolute discretion believes that actions of the Customer may cause legal liability for the Company or other Users and / or may adversely affect the services rendered by the Company.

4.4 The Customer acknowledges that the Company’s AI may generate reports for the Customer in relation to the Registered Job Seekers based on their profiles. The Customer understands that the reports are auto-generated using the Software and may or may not deliver the intended results to the Customer. If the Customer is dissatisfied with the primary reference standards or inputs used by the Software to auto-generate the said reports, the Customer may provide any details of alternate reference standards to the Company (which alternate reference standards the Company may consider, at its discretion, for use with the AI), which the Customer would want applied for the generation of the reports. 

4.5 TheCustomer hereby agrees to hold in strictest confidence all information provided by a User to him/her under all circumstances. Customer agrees that he/she shall not disclose any information or documentation provided by a User any other person, nor shall he/she allow, by act or omission, such information or documentation to be acquired by any other person unless the same is authorised specifically by the User in writing.

4.6 The Customer agrees to fulfil their obligations towards Job Seekers using their best efforts, skill and ability and in compliance with all applicable laws, regulations, guidelines and professional code of ethics as are applicable. 

4.7 The Company shall not be responsible for the completeness or accuracy such information, including if as a result of such inaccuracy, a communication is sent to an unintended recipient.

4.8 The Customer shall be liable to indemnify and hold the Company harmless from and against all actions, claims, damages, losses and expenses, including court costs and reasonable attorneys’ fees, arising out of or resulting from any breach, default, contravention, non-observance, non-performance, improper performance of any of its obligations or the terms, conditions, covenants and provisions contained in this Terms of Use or for any claim against the Company on account of usage of the Website by the Customer.

4.9 The Customer agrees not to post any comments or upload any content which are defamatory, obscene, objectionable or in nature and the Company reserves the right to remove any comments which it may determine at its own discretion to violate these Terms of Use or be violative of any law or statute in force at the time. The Customer agrees to absolve the Company from and indemnify the Company against all claims that may arise as a result of any legal claim arising from the nature of the content or the comments posted by the Customer on the Website.

4.10 The Customer acknowledges that they are the original authors and creators of any content or comments uploaded by them on the Website and that no content or comment uploaded by them would constitute infringement of the intellectual property rights of any other person. The Company reserves the right to remove any content or comment which it may determine at its own discretion as violating the intellectual property rights of any other person. The Customer agrees to absolve the Company from and indemnify the Company against all claims that may arise as a result of any third party intellectual property right claim that may arise from Customer’s uploading of any content on the Website. The Customer also agrees to absolve the Company from and indemnify the Company against all claims that may arise as a result of any third party intellectual property claim if the Customer downloads an image from the Company’s Website and utilizes it for his/her personal or commercial gain.

4.11 The Customer hereby assigns to the Company in perpetuity and worldwide, all intellectual property rights in any content, of the nature of responses to queries by Users or comments created by the Customer and uploaded by the Customer on the Website.

4.12 The Company shall have the right to edit or remove the content and any comments in such manner as it may deem fit at any time. The Customer acknowledges that the content on the Website reflects the views and opinions of the authors of such content and does not necessarily reflect the Company’s views.

4.13 While every effort has been made to ensure the accuracy of the information and / or documentation generated by the AI and the correct functioning of AI, no liability can be accepted for any damage either directly or indirectly resulting from their use. The Company cannot be held responsible for any damage resulting from the use or misuse of any information contained in or implied by documents made available to the Registered Job Seekers or Customer.