The Platform is made available for use only by: (a) individuals who are searching for job opportunities and vacancies and/or are interested in availing of other career enhancement services which are provided might be provided by the Company (“Job Seekers”); and (b) by individuals and/or organizations desirous of making available information pertaining to job vacancies including but not limited to agencies acting for multiple employers / organizations in order to fill the job vacancies available with those employers/organizations(“Recruiters”). Job Seekers and Recruiters as hereinafter collectively referred to as “Users”.
The Platform is intended to serve only as a preliminary medium of contact and exchange of information between the Users, who have a bona fide intention to contact and/or be contacted for the purposes related to genuine existing job vacancies and for other career enhancement services (“Purpose”).
3) BINDING AGREEMENT:
By using and accessing the platform, you represent and warrant that: a) you are competent to enter into a valid binding contract as per Indian law; and b) you are eligible to conduct the Purpose lawfully.
5) USE OF THE PLATFORM:
a) The Platform and the services and products offered via the Platform (which includes both paid and free services/ products) are meant for only for legitimate and lawful uses which fall within the scope of the Purpose. The Company has the sole and absolute right to determine whether a specific type of action or use falls within the scope of the Purpose or not.
b) The following actions will inter alia constitute a misuse of the Platform and are strictly prohibited:
(i) Copying, extracting, downloading, sharing,
modifying, selling, storing, distributing, making
derivate works from or otherwise exploiting any content,
data, information, including profiles, curriculum vitae,
photographs and/or graphics, available on the Platform
and/or any services or products of the Company, in any
manner or for any purpose which is not, consistent with
Users are expressly prohibited from using or exploiting
the Platform and/or any content or data provided therein
(a) any commercial purposes such as creating alternate databases, extending access to the Platform to third parties without prior written consent of the Company; and/or
(b) undertaking any business activity which is in competition with the business of the Company; and/or
(c) for seeking fees in any name whatsoever; and/or
(d) approaching candidates/jobseekers for any purposes other than for specific existing vacancies; and/or
(e) Sharing access with persons who are not contracted with the Company.
(f) Reselling the products/services offered by the Company.
- (ii) (Using or attempting to use any automated program, software or system or any similar or equivalent process (including spiders, robots, crawlers etc.) to access, navigate, search, copy, monitor, download, scrape, crawl or otherwise extract in any manner, any data or content including but not limited to adding or downloading profiles, contact details, or send or redirect messages from the Platform;
- (iii) Gaining or attempting to gain unauthorized access (inter alia by hacking, password “mining” or any other means) to: (a) any portion or feature of the Platform or any of the services or products offered on or through the Platform which are not intended for you; (b) any server, website, program or computer systems of the Company or any other third parties and/or Users;
- (iv) Modifying the services provided through the Platform or their appearance using any technology or overlay any additional offering on top of such services or simulate the Platform’s services or its functions in any manner whatsoever without explicit consent obtained in writing by approaching us at firstname.lastname@example.org
- (v) Accessing the Platform through interfaces other than those expressly provided by Company;
- (vi) Attempting to breach or breaching any security or authentication measures set up by the Company in relation to the Platform and/or attempting to probe, scan or test the vulnerability of the Company’s system or network;
- (vii) Scraping, downloading (including bulk- downloading), replicating or otherwise extracting any information or data from the Platform (by any process, whether automatic or manual) to offer any products or services which are similar to or may in any manner compete with the products or services of the Company;
- (viii) Reverse engineering, decompiling, disassembling, deciphering or otherwise attempting to do any of the aforesaid or deriving the source code for the Site or Application or any related technology or any part thereof;
- (ix) Circumventing or attempting to circumvent any technological protections used or employed by the Company or by any third party in order to protect the content on the Platform and/or to exclude robots, spiders etc. from crawling and /or scraping content from the Platform.
- (x) Bypassing or Circumventing or trying to circumvent any service limits including but not limited to Search limits, Captcha limits and occurrences on different triggers
- (xi) Interfering with or disrupting or attempting to interfere with or disrupt (including by using any device, software or routine), the use of the Platform or any computer networks connected to the Platform, by any other User;
- (xii) Developing, using or attempting to use any automated program, scripts, robots, third party software or system or any similar or equivalent process (including spiders, robots, crawlers, browser plug-ins/extensions/add-ons, iframes on third party sites, mirroring, HTML parsers etc.) to access, navigate, search, copy, monitor, download, scrape, crawl or otherwise extract or modify in any manner, any data or content from the Platform without explicit consent obtained in writing by approaching us at email@example.com;
- (xiii) Impersonating any other person or entity, or making any misrepresentation as to your employment by or affiliation with any person or entity;
- (xiv) Forging headers or in any manner manipulating identifiers in order to disguise the origin of any user information;
- (xv) Stalking, threatening, or in any manner harassing any other User;
- (xvi) Imposing an unreasonable or disproportionately large load on the Platform infrastructure;
- (xvii) Engaging in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Platform (or any part thereof) and providing deeplinks into this Platform (or any part thereof) without prior permission of Company;
- (xviii) Spamming the Platform/Company or any other Users including by uploading, posting, emailing, SMS, transmitting or otherwise making available either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail.
- (xix) Using the Platform or the contact details of Users for transmitting marketing and promotional mailers/ Offensive messages/ messages or communications using any media that are unrelated to recruitment or sending unsolicited commercial communications with misleading subject lines in order to intentionally obfuscate the original message.
(xx) Hosting, modifying, uploading, posting,
transmitting, publishing, or distributing any material
or information that:
- a. Violates any applicable local, provincial, state, national or international law, statute, ordinance, rule or regulation for the time being in force;
- b. Belongs to another person and to which you have no right;
- c. Infringes, breaches or otherwise contravenes the rights of the Company or any third party, including any copyright, trademark, patent, rights of privacy or publicity or any other proprietary rights;
- d. Contains computer viruses, or other computer code, files or programs designed to disrupt, destroy or interfere with or limit the functioning of the Platform, or any other computer system or resource;
- e. Is grossly harmful, harassing, invasive of another's privacy, hateful, disparaging, relating to or encouraging money laundering or gambling in any manner, any content which is or may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libelous, blasphemous, vulgar, pornographic, paedophilic, obscene, or racially, ethnically, or otherwise unlawful in any manner whatsoever;
- f. Which constitutes or encourages conduct that would constitute a criminal offence, give rise to other liability, or otherwise violate applicable law;
- g. That deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- h. That harms minors in any way;
- i. That threatens the unity, integrity, defense, 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 to any other nation.
THE SERVICES PROVIDED BY THE PLATFORM DO NOT EXTEND TO ACTING AS AN AGENT (EXPRESS OR IMPLIED) OR AS LABOUR CONSULTANTS ON BEHALF OF ANY SUBSCRIBER OR USER.
WE HAVE NO AGENTS AND DO NOT OPERATE THROUGH ANY AGENTS.
e) The user understands that:
- Pre-interview Services once opted for, can only be activated post the user having uploaded his/her updated profile.
- The Industry expert who conducts the interview can only do so once, service has been activated and the resume of the user has been shared by the user.
- The user understands that this is a time based product to be utilized within a specified period of time. Once opted for, therefore the pre-interview services must be utilized by him/her within a reasonable period of time.
6) LIMITATIONS ON USE:
You agree to strictly abide by any limitations imposed on usage of the Platform by the Company, including limitations in terms of geography or location (e.g. of access) or quantity (e.g. number of resume accessed or downloaded in a day). Any violation entitles the Company to stop your access or service and initiate action as it may deem fit.
7) ACCURACY AND CORRECTNESS OF USER INFORMATION:
While using, registering on and/or creating a profile on the Platform you undertake to provide only true and correct information and further undertake to, at all times, keep the information up to date. Users are prohibited from impersonating or masquerading as any other person, whether living or dead.
8) SECURITY OF LOG IN CREDENTIALS:
You are requested not to share passwords to your account(s) on the Platform with any other individual /entity and be responsible in what you post.
If you have registered on the Platform, the safety and security of your log-in credentials (i.e. your account access information and passwords) is your responsibility. You should not share your log-in credentials with any other person. You are fully responsible for all uses of your log-in credentials including all activities that occur under your account through the Platform. The Company, however, undertakes to take all reasonable precautions at its end to ensure that there is no compromise of login credentials provided to you.
You agree to immediately notify the Company of any unauthorized use of your account and/or log-in credentials.
LINKS TO THIRD-PARTY SITES:
The Platform may make available links to other websites. When you click on such links, you may leave our Platform. These links are provided solely as convenience to you and the presence of these links shall not under any circumstances be considered as an endorsement of the contents of the same by the Company. The Company is not responsible for the content on such linked third party websites and does not make any representations relating to the content on such websites. If you chose to access these websites you do so at your own risk.
(a) THE COMPANY IS AN INTERMEDIARY AS DEFINED UNDER SECTION 2(1)(W) OF THE INFORMATION TECHNOLOGY ACT, 2000.
(b) The Company shall not be responsible for any content posted by any Users / third parties on the Platform. The Platform primarily serves as a portal for online distribution and publication of information submitted by Users. Although, the Company is not obligated to screen any communications or information posted by Users. Views expressed by the Users are their own and the Company does not endorse the same.
(c) Any mention of non-Company products or services is provided on the Platform is for informational purposes only. Nothing on the Platform shall be considered an endorsement, representation or warranty to any User or third party, whether in regards to its web site, products, services, hiring, experience, employment or recruiting practices, or otherwise.
(d) ALL INFORMATION AVAILABLE ON THE PLATFORM (INCLUDING INFORMATION RELATING TO THE COMPANY, ITS PRODUCTS AND/OR SERVICES) IS PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITES.
(e) WITHOUT LIMITATION ON THE FOREGOING:
- (i) The company does not warrant that the platform will operate error-free or that the site, application and their server(s) are free of computer viruses or other harmful mechanisms. If your use of platform results directly or indirectly in the need for servicing or replacing equipment or data, the company is not responsible for those costs.
- (ii) The company makes no representations regarding the truthfulness, accuracy, completeness, timeliness or reliability of any content posted by users, or of any other form of communication engaged in by users
- (iii) The company makes no representations regarding the effectiveness of the services or timeliness of the products or services offered through the platform. The company does not guarantee that the services or products offered through the platform will result in candidates being hired and/or vacancies being filled, and is not responsible or liable for any business, employment, hiring and/or salary decisions, for whatever reason made, made by you.
MAKE YOUR OWN DECISION:
YOU AGREE THAT ANY RELIANCE ON CONTENT OR INFORMATION POSTED ON THE PLATFORM INCLUDING BY OTHER USERS, OR ON ANY OTHER FORM OF COMMUNICATION OR INTERACTION WITH OTHER USERS, WILL BE AT YOUR OWN RISK. USERS ARE REQUESTED TO CONDUCT INDEPENDENT CHECKS BEFORE PROCEEDING WITH ANY TRANSACTION OR EXPLORING ANY EMPLOYMENT OPPORTUNITY, BASED ON THE DATA AVAILABLE ON THE PLATFORM.
THE COMPANY DOES NOT GUARANTEE THE AUTHENTITCITY, NATURE AND/OR QUANTUM OF THE RESPONSES TO ANY POST OR APPLICATION UPLOADED BY A USER OR THAT THERE WILL BE ANY RESPONSE AT ALL.
All or any decisions made would be entirely your prerogative and company does not claim to offer any advice, either legal or financial, neither does it provide any guarantees or warrantees.
LIMITATION OF LIABILITY:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THE COMPANY PROVIDES NO GUARANTEES OF SERVER UPTIME OR APPLICATIONS WORKING PROPERLY. IN NO EVENT WILL COMPANY’S AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS, INCLUDING UNDER TORT, CONTRACT OR OTHERWISE, EXCEED THE AMOUNT OF FEES PAID BY YOU TO THE COMPANY. THESE LIMITATIONS AND EXCLUSIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
PLEASE USE THE PRIVACY SETTINGS AVAILABLE ON THE PLATFORM TO PROTECT YOUR INFORMATION.
When You share or upload or store information others may be able to view, copy or download such information.
You give us permission to use the information about actions that you have taken on bigshyft.com in connection with ads, offers and other sponsored content that we display across our services, without any compensation to you. We use data and information about you to make relevant suggestions and recommendation to you and others.
14) PAYMENT TERMS & REFUND POLICY:
YOU ARE REQUESTED TO HONOUR YOUR PAYMENT OBLIGATIONS TO THE COMPANY.
Payments for the services offered by the Platform shall be on a 100% advance basis. The payment for service once subscribed to by you is not refundable and any amount paid shall stand appropriated. Refund, if any, will be at the sole discretion of the Company.
User hereby irrevocably accepts to receive the tax invoice as soft copy through emails.
Notwithstanding anything contained in any other agreement or arrangement, by whatever name called, the performance obligation of the Company (service provider) is to provide access of its on-line portal to the customer for the duration of the subscription period & reference to any usage, by whatever name called or any other performance obligation, if any, is to provide the upper limit for consumption, which by itself, does not create any additional performance obligation upon the Company
The Company offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Customers card/bank accounts.
The User acknowledges and agrees that Company/Platform, at its sole discretion and without prejudice to other rights and remedies that it may have under the applicable laws, shall be entitled to set off the amount excess paid by a subscriber/user against any amount(s) payable by User to Company under any other agreement or commercial relationship towards other products/services. The Company gives no guarantees of server uptime or applications working properly. All is on a best effort basis and liability is limited to refund of amount only. We undertake no liability for free services.
The User or customer shall be required to promptly provide copy of TDS certificate to the Company as mandated under law for tax deducted at source from the payments made to the Company. Any loss on account of non availment or disallowance of such TDS credit in view of any lapse as per this clause or as required under applicable law on the part of User or customer shall entitle the company to seek reimbursement or indemnification
Users, buying the products online are redirected to third party gateways for completing payment transactions. These transactions happen on third party network and hence not controlled by Company.
A User through his user identification and shall be solely responsible for carrying out any online or off-line transaction involving credit cards / debit cards or such other forms of instruments or documents for making such transactions and Company assumes no responsibility or liability for their improper use of information relating to such usage of credit cards / debit cards used by the subscriber online / off-line
The Company shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the user's account and / or information relating to or regarding online transactions using credit cards / debit cards and / or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used whether or not in pursuance of a legal process or otherwise.
COMPANY RESERVES ITS RIGHT TO AMEND / ALTER OR CHANGE ALL OR ANY DISCLAIMERS OR TERM(S) OR CONDITION(S) OF AGREEMENTS AT ANY TIME WITHOUT ANY PRIOR NOTICE. SUCH AMENDED TERMS SHALL BE POSTED ON THE PLATFORM.
16) INTELLECTUAL PROPERTY RIGHTS:
YOU ARE REQUESTED TO RESPECT OUR PROPRIETARY RIGHTS AND BRANDS
By opting to access the Site and use the services, you hereby acknowledge and agree that any information or material provided to the Company will be deemed NOT to be confidential and proprietary to you. By providing the Company any information or other material, You grant Company a non-exclusive, unrestricted, irrevocable, perpetual, royalty-free, worldwide, assignable, transferrable, sublicenseable, right and license, in all formats or media, whether now known or hereafter devised or discovered, to use, reproduce, display, transmit, translate, rent, sell, modify, disclose, publish, create derivative works from and distribute that material or information, and You also agree that the Company is free to use any ideas, concepts, know-how or techniques that You send us for any purpose. You further agree that such license would not lapse in any circumstances, notwithstanding the provisions of any law in force, including without limitation, the Indian Copyright Act, 1957. You further agree to indemnify, defend and hold the Company harmless from any liability arising due to the use or distribution of any such material or information.
17) LOCAL LAWS:
You are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries, while consuming the information and the services as available through the Platform.
YOU ARE REQUIRED TO PROVIDE TRUE & CORRECT INFORMATION AS REQUIRED UNDER TAX LAWS, INCLUDING BUT NOT LIMITED TO SEZ/FREE ZONE UNIT OR USAGE THEREIN & IEIL SHALL BE ENTITLED TO CONSIDER ANY INFORMATION AVAILABLE AS PER ITS RECORDS TO BE CORRECT & TRUE & DISCHARGE ITS TAX OBLIGATIONS ACCORDINGLY. IN CASE OF ANY DISCREPANCY OR CHANGE, THE USER IS REQUIRED TO PROMPTLY INTIMATE THE CORRECT OR UPDATED PARTICULARS TO THE COMPANY. THE COMPANY SHALL BE ENTITLED TO SEEK INDEMNIFICATION FROM USERS IF IT IS REQUIRED TO PAY ANY TAX, DUTY, FEE, INTEREST OR PENALTY IN VIEW OF INCORRECT OR INCOMPLETE INFORMATION OR DATA FURNISHED BY USER OR NOT GOT RECTIFIED/ UPDATED BY USER TIMELY.
20) TERMINATION AND SUSPENSION:
21) DISPUTE SETTLEMENT:
The Company will not be party to any legal proceedings between a User (e.g. a subscriber) and a party contacted through the Platform site. In case Company is made a party in any legal proceedings, costs will be recovered from the party on whose behest the Company is involved in the matter, to which it otherwise has no control. Company however will abide with any court order served on it through due process.
22) GOVERNING LAW AND JURISDICTION:
23) ENTIRE AGREEMENT
25) ASSIGNMENT AND DELEGATION:
26) AVAILABILITY OF SERVICES
Services are provided on an AS IS and AS AVAILABLE basis, however, there are no server uptime guarantees.
Any regulations, guidelines, legislations or lawful orders of a court or a quasi-judicial body may require us to change alter or stop our services. Similarly, any force majeure events which are beyond our reasonable control, may cause an interruption in the services or non-availability of services or certain features thereof.
Due to a high incidence of credit card fraud, your services purchased online using a credit card may not be activated without a proper verification.
27) CONTACT INFORMATION
YOU MAY CONTACT US BY APPROACHING US AT ANY OF THE FOLLOWING EMAIL ADDRESSES DEPENDING ON THE NATURE OF THE QUERY/ COMPLAINT THAT YOU WISH TO ADDRESS TO US:
- General queries related to the functioning of the website: firstname.lastname@example.org
- Fraudulent listings on the Site may be reported at: email@example.com
- Complaints related to content on the Platform/Site may be made to the Grievance Officer appointed by the Company. using the interface available here.
CONDITIONS APPLICABLE TO JOBSEEKER SOLUTIONS
1. By creating a jobseeker account on the Platform, you agree to :
a. Making your resume searchable to all Users of the
Platform who subscribe to CV Database (“Subscribers”).
You may be contacted by Subscribers via email, telephone
and/or post. We recommend that you read the privacy
settings carefully to make your profile accessible to
recruiters/ employers as per your preferences. The Site
will not be held responsible for contacts/mails received
Your profile shall be accessible with restrictions to unregistered users as well, however, they shall not be able to contact You.
- b. Receive job alerts (messages detailing jobs that match your profile as entered on the Platform) via email/SMS/Whatsapp or any other mode. You may remove Yourself from the job alert database by resetting this option in the Privacy Setting section of Your resume
- c. Receive promotional mailers/ special offers/recommendations by the Platform on its behalf or on behalf of third parties. You may remove yourself from the promotional mailer database by resetting this option on the Privacy Setting section of your resume.
The resume/ insertion or information/data fed by you can be updated by You alone, without any additional cost, except for a few fields which are automatically updated by the Platform based on the information that is provided by you, in order to enhance your user experience.
2. Certain portions/functions of the Platform may not require a mandatory registration, if You are unregistered and You are using such portion of the Platform , You undertake that
- a. The data/information fed by You is true and correct in all respects
- c. You shall use the services exclusively for the purposes of bona fide job applications; Usage of the interface on the Platform for any other purpose is strictly prohibited.
Please note that The Platform may reach out to You, based on the interests expressed by You while using the Platform.
4. When You indicate your interest in a job listing on the Platform, you are sending your CV and application information including relevant documents to the Platform, and you are requesting and authorizing the Platform to make available such application/ information to the applicable advertiser(s) for such job listing(s).
5. By using the Platform, You agree that the Company is not responsible for the content of the Recruiter/employer’s application form, messages, screener questions, testing assessments; required documents, or their format or method of delivery.
7. Information you post in public areas of the Platform or applications or make visible in the resume and profile database, may be accessed, used, and stored by others around the world, including those in countries that might not have a legislation that guarantees adequate protection of personal information as defined by your country of residence. While the Platform takes measures to safeguard your information from unauthorized access or inappropriate use, the Platform does not control these third parties and we are not responsible for their use of information you give to us. Accordingly, you should not post sensitive information or any other information you would not want made public, to any portion of the Platform or to a public website.
8. The Company merely offers a platform, therefore the Company neither guarantees nor offers any warranty about the credentials, bonafides, status or otherwise of the prospective Recruiter/employer/organization which downloads the resume/ insertion or information/data and uses it to contact you.
9. The Company will not be held liable for loss of any data technical or otherwise, or of the resume/ insertion or information/data or particulars supplied by You due to acts of god as well as reasons beyond its control like corruption of data or delay or failure to perform as a result of any cause(s) or conditions that are beyond the Company’s reasonable control including but not limited to strikes, riots, civil unrest, Govt. policies, tampering of data by unauthorized persons like hackers, distributed denial of service attacks, virus attacks, war and natural calamities.
10. You are advised not make any payments to any Recruiters and are further advised to check the authenticity of all or any response received pursuant to the resume/ insertion or information/data being fed into the network system of the Platform by you, prior to going out of station or in station for any job or interview. The Company assumes no responsibility in respect thereof and expressly disclaims any liability for any act, deed or thing which you may do, pursuant to the receipt of the response, if any, to the resume/ insertion or information/ data being fed into the network system of the Platform.
11. The Company reserves its right to reject and delete any resume/ insertion or information/data fed in by you without assigning any reason.
12. In case You have opted for any paid services designed to enhance your job search, depending on the services opted, the following shall also apply:
- a. The Company will commence providing services only upon receipt of amount/charges upfront either from You or from a third party on Your behalf and once the receipt of the payment has been identified in terms of sales order.
- b. Services once subscribed are not transferable.
- c. Payment once received stands appropriated, the refund policy of the Site shall govern.
- d. In case you have subscribed to Resume writing/development services, You must respond to the queries raised (sent by email) by us within 7 days of such a query being raised failing which, the Company shall stand absolved of all its obligations.
- e. In case you have subscribed to Resume Display/Resume Writing services and necessary inputs required by us for commencing the services are not received by us within 30 days of the payment, the order shall stand cancelled and any amounts paid shall be appropriated.
f. Job Alerts:
- (i) The Platform uses an automated algorithm to match jobs against the keywords/attributes present in the profile submitted by the user or based on the preferences set by a user, and hence offers no guarantee nor warranties that the jobs sent in the job mail will be relevant to the profile. You are advised to independently verify the authenticity of the credentials of the employers/recruiters whose profiles and or offers may be part of the Job Alerts (Mail or SMS)
CONDITIONS APPLICABLE TO RECRUITMENT SOLUTIONS
1. The services provided to You are aimed at providing recruitment solutions and should be restricted to contacting suitable candidates for genuine jobs in existence. Mailing practices such as transmitting marketing and promotional mailers/ offensive messages/ messages with misleading subject lines in order to intentionally obfuscate the original message, are strictly prohibited. Similarly, posting jobs without authorization from the end employer is an incorrect practice and is prohibited. We reserve the right to terminate services, without prior notice, to the originator of spam. No refund shall be admissible under such circumstances.
2. You undertake that the jobs sought to be advertised on any section of the Platform or job opportunities with regard to which candidates are contacted through the CV database are in existence, genuine and You have the authority to advertise or act as a recruiter to ensure that the job vacancies are closed.
3. Unless You are utilizing the Platform in the capacity of a consultant fulfilling the hiring requirements of an end employer, the transfer/ movement of Resumes/CVs out of Recruiter’s establishment is not permissible.
4. You shall ensure compliance with all applicable laws for the protection of the personal details of the users whose profiles are accessed by You through the Platform, including but not limited to compliance with any laws/regulations relating to unsolicited communications etc, the Telecom Commercial Communications Customer Preference Regulations, 2010 as also rules, regulations, guidelines, bye laws and notifications made thereunder, while availing services of the Company on the Platform.
6. You agree to provide reasonable assistance as is necessary to facilitate the handling of any Data Security Breach (as applicable under GDPR or any other applicable Data Security law) in an expeditious and compliant manner
7. You shall implement adequate technical and organizational controls to protect the shared personal data obtained from the Company against unauthorised or unlawful processing and against accidental loss, destruction, damage, alteration or disclosure
8. You agree that the responsibility for complying with a data subject request lies with the party which holds/processes the personal data collected/shared
9. You warrant and represent that the institution shall not disclose or transfer personal data obtained from the Company to any sub-processors without ensuring that adequate and equivalent safeguards to the personal data.
10. You shall retain or process shared personal data for no longer than is necessary to carry out the agreed purposes which in any case shall not exceed 90 day (in the case of response to a listing 180 days) and thereafter destroy these. The Company reserves it right to seek a certificate to this effect from You.
11. Any piece of personal data that is downloaded by You from the Platform, shall be used only for fulfilling hiring requirements, any usage for any other purposes is strictly prohibited.
The Platform and the Recruiters etc. (as applicable) would act as independent controllers in their respective capacity. For more details please visit the data protection amendment (hyperlink).
12. You agree that you are responsible for the documents, screening questions, comment threads, and additional information asked from the job seekers when they apply to a job posted by you through the Platform. You shall ensure that any additional information collected from the job seekers during their interaction with you in any form through the interface provided by the Platform shall not include special categories of information (such as racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, sexual orientation, passwords, financial information and health information) until explicit consent is taken from the job seekers (data subjects).
In such cases where the Platform is processing information exclusively on your behalf, it acts in the capacity of a data processor with you acting as the data controller. For more details please visit the data protection amendment (hyperlink) (Processor addendum).
13. The Company shall be entitled to place the information relating to vacancies in specified sections on the Platform and such other mirror or parallel website(s) or in allied publications as the Company may deem fit and proper but such additional publication shall be without any extra cost to You.
14. The information related to job vacancies displayed on the Platform shall be for a fixed period (currently 62 days), which period is subject to change.
15. Depending on the type of listing that has been subscribed, the features and the fields may vary.
16. By posting/uploading a job posting/listing on the Platform, You confirm that You have obtained all licenses/permits as are necessary for the said activity and to indemnify the Company against all claims, damages arising out of actions/claims that may be made by third parties in relation to the same.
17. The Company has the right to make all such modifications/editing of the vacancy details in order to fit its data structure.
18. The Company reserves its right to reject any insertion or information/data provided by you without assigning any reason either before uploading or after uploading the vacancy details.
19. The Company will commence providing the services only upon receipt of amount/charges upfront either from You or from a third party on Your behalf
20. In case You have opted for shortlisting services, the Company will make best efforts to use the parameters provided by You to short list, but takes no responsibility for the accuracy of the short listing based on the parameters for selection as specified by You. The Company does not act as an agent of the Recruiter.
21. The Company offers no guarantee nor warranties that there would be a satisfactory response or any response at all once the job vacancy is put on display or for any responses received/contacts made through the CV database.
22. The Company shall in no way be held liable for any information obtained/received by You and it shall be Your sole responsibility to check, authenticate and verify the information/response received at Your own cost and expense.
23. Any actions taken by an employer/recruiter on the basis of the background check report or otherwise, are the employer’s/recruiter's responsibility alone and the Company will not be liable in any manner for the consequences of such action taken by the user.
24. No fee shall be charged by the Recruiter from any person who responds to jobs advertised on the Platform. You further undertake to use the database to contact candidates for jobs only.
25. The Company reserves its right to change the look, feel, design, prominence, depiction, classification of the Platform or any portion thereof at any time without providing any prior intimation to you.
26. Usage from third party premises/networks without prior written permission of the Company is not permitted.
27. You are entitled to store job applications/uploaded CVs on the Platform up to the prescribed allowable limit during the validity period of the services. The Company will not be responsible for restoring data against services that have expired or for job vacancies that have been removed.
28. You may also be offered other services, including use of the Response manager, access to CV database for the period of services and banners on a "run of the website" basis as agreed with the Company. These services entitle one company/entity alone to put up a microsite within the domain of the Site having a maximum data size as applicable during the validity period of the services