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Definitions
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1.1 Accelerators shall refer to the
associations who provide advice, guidance and various forms of
support for businesses in the start-up phase while making an
investment in the companies enrolled in their programs. Investors
are business entities looking to invest in the start-ups.
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1.2 Employer shall mean to include
those users who use the Platform and avail Services to post job
postings and interview/hire candidates.
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1.3 Intellectual Property Right
means and includes but is not limited to, innovations,
improvements, processes, technical know-how, techniques, source
code of Company, content made literary and artistic works,
schematics, patents, its trademarks, trade names, designs, patents
and copyrighted works, notes, agreements/contracts entered by the
Company, formulas, in-house software's, VPN etc. Intellectual
Property of the Company also extends to the content made available
to its Users.
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1.4 Incubators shall refer to the
associations who help to initiate the successful development of
start-up and fledgling companies by providing emerging/budding
entrepreneurs with targeted resources and services.
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1.5 Investors shall refer to
business entities looking to invest in the start-ups.
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1.6 Jobseekers shall mean to include
all those users who register on the Platform and fulfil the
formalities as enshrined in these Terms to avail job
opportunities.
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1.7 Mentors shall refer to the
expert Individuals, who can share their respective ideas for a
specific business activity.
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1.8 Minor shall mean any person
below the age of 18 years.
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1.9
Personally Identifiable Information (PII)
shall mean and include any information or set of information,
whether alone or in combination with other personal information
gathered, processed, used or stored by the Company which is
sufficient to identify the individual.
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1.10 Privacy Policy means policy as
defined under clause 20 amended from time to time.
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1.11 Professional Networking shall
mean networking between Employer, their recruiters and Jobseekers
through their respective accounts on the Platform which will
facilitate them in fulfilment of career and job opportunities
through this unique facility.
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1.12 Services shall mean to include,
but not limited to, the following:
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1.12.1 Career Services
- 1.12.2 Job Posting
- 1.12.3 Resume Database Access
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1.12.4 Private Resume Hosting Database Hosting
- 1.12.5 Start-up Service
- 1.12.6 Video Service
- 1.12.7 Assessment Services
- 1.12.8 Skill List Services
- 1.12.9 Zuno Services
- 1.12.10 Foundit Edge Services
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1.13 Terms means these terms and
conditions as may be amended from time to time.
Third Party shall mean and include
banks, associations, company or any entity whose facilities are
being utilized by the Company to provide Services to the Users.
- Purpose
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2.1 Accelerators shall refer to the
associations who provide advice, guidance and various forms of
support for businesses in the start-up phase while making an
investment in the companies enrolled in their programs. Investors
are business entities looking to invest in the start-ups.
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2.2 Employer shall mean to include
those users who use the Platform and avail Services to post job
postings and interview/hire candidates.
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2.3 Intellectual Property Right
means and includes but is not limited to, innovations,
improvements, processes, technical know-how, techniques, source
code of Company, content made literary and artistic works,
schematics, patents, its trademarks, trade names, designs, patents
and copyrighted works, notes, agreements/contracts entered by the
Company, formulas, in-house software's, VPN etc. Intellectual
Property of the Company also extends to the content made available
to its Users.
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2.4 Incubators shall refer to the
associations who help to initiate the successful development of
start-up and fledgling companies by providing emerging/budding
entrepreneurs with targeted resources and services.
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Use to be in Conformity With The Purpose
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3.1 The Platform that is subscribed/offered to or used (whether
the same is paid for by you or not) is meant for the Purpose and
only the exclusive use of the user.
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3.2 Copying, downloading, recreating, sharing passwords,
sublicensing or sharing in any manner the content made available
on Platform which is not in accordance with these Terms, is a
misuse of the Platform or Service or product and the Company
reserves its rights to act in such manner as to protect its loss
of revenue, reputation or claim damages including stopping your
Service or access and reporting to relevant authorities.
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3.3 In the event the user is found to be copying, misusing,
transmitting or crawling any data or photographs or graphics or
any information available on the Platform for any Purpose other
than that being a bonafide Purpose, the Company reserves the right
to take such action that the Company deems fit including stopping
access and claiming damages.
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3.4 The Platform is a publicly accessible Platform and the Company
assumes no liability for the quality and genuineness of responses.
The Company cannot monitor the responses that a user may receive
in response to information he/she has displayed on the Platform.
The other user shall conduct its own background checks on the
bonafide nature of all response(s).
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3.5 The user gives the Company the permission to use the
information about actions that the user has taken on the Platform
in connection with ads, offers and other content (whether
sponsored or not) that is displayed across the Platform and the
Services available on the Platform, without any compensation to
the user. The Company can use data and information about the user
to make relevant suggestions and recommendations.
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3.6 The Platform may contain links to Third Party websites and
links to websites as posted by Employers, these links are provided
solely as convenience to the user and the presence of these links
should not under any circumstances be considered as an endorsement
of the contents of the same. If the user choose to access these
websites, the user does so at its own risk.
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3.7 Without limiting any of the other disclaimers of warranty set
forth in these Terms , Company does not provide or make any
representation as to the quality or nature of any of the Third
Party products or Services purchased through the Platform, or any
other representation, warranty or guaranty. Any such undertaking,
representation, warranty or guaranty would be furnished solely by
the provider of the applicable class, or learning material,
product or Service, under the terms agreed to by the provider.
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3.8 Whilst using this platform an obligation is cast upon the user
to only provide true and correct information and in the case of
creating a profile the user undertakes to, at all times, keep the
information up to date. The Company shall not be liable on account
of any inaccuracy of information on the Platform. It is the
responsibility of the user to further research the information on
the site.
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3.9 The Company shall not share PII of any user with other
companies / entities without obtaining permission except with
those acting as the Company's agents and the sister concerns of
the Company. For further details please refer to the Privacy
Policy of the Platform.
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3.10 The Company shall share all such information that it has in
its possession in response to legal process, such as a court order
or subpoena.
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3.11 The user shall not utilize the Services offered by the
Platform/Company in any manner so as to impair the interests and
functioning of the Platform/Company. The user undertakes not to
duplicate, download publish, modify and distribute material on the
Platform unless specifically authorized by the Company in this
regard.
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3.12 Users who violate these Terms may have their access and use
of the Platform suspended or terminated, at Company's discretion.
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3.13 If the user, at any time during its use of the Platform, made
a misrepresentation of fact to the Company or otherwise misled
Company in regards to the nature of user's business activities,
the Company reserves the right to terminate user's account and
access to the Platform.
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Eligibility Criteria
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4.1 Individuals and entities can use the Services on the Platform.
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4.2 You hereby represent and warrant of being at least 18
(eighteen) years of age or the age of majority under the
applicable jurisdiction and being fully able and competent to
contract under the provisions of the applicable jurisdiction and
to understand and agree the terms, conditions, obligation,
affirmations, representations and warranties set forth in these
Terms.
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4.3 You hereby represent and warrant that you are not barred or
otherwise legally prohibited from accessing or using the Services
under the laws of India or any other applicable laws.
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4.4 You agree that the Company does not have the responsibility to
ensure that You are following under the aforesaid eligibility or
as may be applicable under the prevalent law.
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Registration
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5.1 In order to use the Platform and avail the Services, user
needs to register on the Platform and provide the Company with
accurate and complete information. The information provided by the
user for the creation of account shall be considered as
Registration Information.
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5.2 In order to avail the Services available via the Platform, You
need to Sign Up and make an account on the Platform as one of the
following type of signees:
- 5.2.1 Jobseeker
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5.2.1.1 User can opt to register on the Platform by linking its
Gmail/Facebook/LinkedIn account.
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5.2.1.2 For registering on the Platform without linking the
abovementioned social media accounts, the user will be required
to provide the following PII:
- a) Name
- b) Gender
- c) Date of Birth (optional)
- d) Email Address
- e) Mobile number
- f) Current Location
- g) Curriculum Vitae
- h) Education Details
- i) Employment History
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5.2.2 For registering as an Employer, the user will be required
to provide the following PII:
- a) Name
- b) Email Address
- c) Billing Address
- d) Mobile number
- e) Company Name
- f) Designation
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g) Other documents required as per the KYC process
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5.3 The user undertakes to provide to the Company with accurate
and complete information. The information provided by the user
for the creation of the account shall be considered as
registration information.
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5.4 User may also be required to furnish additional information
on the basis of the preferences of Service being availed on the
Platform for the purpose of complete creation of your profile.
This information includes but is not limited to:
- a) Bank Account Number
- b) Credit/Debit Card Number
- c) UPI Id
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d) Any other information that may be required to complete the
transaction
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5.5 After furnishing such information, user shall receive an OTP
on the registered mobile number to complete the registration
process.
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5.6 On successful registration, user will be able to access its
account by using its user name and password chosen during the
registration process.
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5.7 User hereby agrees and undertakes to maintain and promptly
update the Registration Information to keep it true, accurate
and complete at all time.
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5.8 User shall be responsible for all activities that occur
through user's respective username and password.
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5.9 In relation to any PII being saved or processed, the Company
shall meet the requirement of Information Technology (Reasonable
security practices and procedures and sensitive personal data or
information) Rules, 2011 and shall adopt the technical and
organizational measures as industry standards which are
necessary to secure user PII.
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5.10 If the Company has the reason to believe the
information/PII provided by the user is incorrect, false,
misleading in nature or otherwise not in accordance with the
Terms and applicable law, then the Company shall be entitled to
cancel or indefinitely suspend or block access to the Platform
and refuse to provide access permanently for such period as the
Company deems fit.
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5.11 User understands and agrees that the Company shall not be
liable for any unauthorized hacking of Platform or unauthorised
access leading to leakage or misuse of PII.
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5.12 User understands and agrees that Company shall not be held
liable for any loss or damage arising from such unauthorized
hacking and data leakage and user's failure to comply with these
Terms.
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User Account
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6.1 User shall be responsible for all activities that occur
through user's account.
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6.2 User agree that the company shall not be liable for any
unauthorized use or access of user account.
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6.3 User is responsible for safeguarding the password that is used
to access the Platform for the Services. The Company encourages
the user to use strong password and change the password
periodically with the account.
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6.4 User understands and agrees that the Company shall not be held
liable for user's failure to comply with the above mentioned
clause i.e. clause 6.3.
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6.5 User will be given an option to change the password for user's
account on the Platform in case of any loss or compromise of
password.
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6.6 User agrees to take all steps necessary to protect log in
details and keep them confidential, and not share login details to
anyone else or allow anyone else to use the login credentials. In
the event of any breach of security or unauthorized use of your
login ID / Account you must notify the Company immediately. The
Company shall not have any responsibility for the consequence of
failure in case user fails to abide by the above mentioned clause
and further agree to fully compensate the Company for any losses
or harm that may result.
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6.7 The Company shall not be responsible for any loss that user
may suffer as a result of unauthorized access to user's account
and/or use of the Services, and the Company accepts no
responsibility for any losses or harm resulting from this
unauthorized use, whether fraudulently or otherwise.
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Use of Platform Services
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7.1 The Platform provides to the user a compendium of Services
that can be availed upon payment of an agreed amount/charges.
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7.2 User agrees that any email sent by an Employer to a Jobseeker
for any prospective job opportunity through the Platform may be
displayed on the account of the said Jobseeker for at least a
period of 7 (Seven) days, to enable the said Jobseeker to access
the email, as sent by the Employer, to take a conscious decision
about the job offer in the said email.
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7.3 The amount/charges i.e., the price of the Service shall vary
for Jobseeker as per:
- 7.3.1 Plan (duration of the Service)
- 7.3.2 Experience Level
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7.4 The type of Service available for subscription for Jobseeker
shall vary upon the choice of Services chosen by the Jobseeker -
Detailed scope of Services for subscription for Jobseeker are
specified in the Career Services page on the Platform. The
Jobseeker agrees and undertakes to comply with all necessary
requirements from time to time as mandated by the Platform in
order for usage of Services.
For Employer:
- 7.4.1.1 Terms for Job Posting
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a) The Company shall place the information relating to
vacancies on the Platform.
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b) The information with respect to vacancies so displayed on
the Platform shall be untill the period of closing of the
vacant position.
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c) The Company will delete the job postings on the Platform in
the event of any request of deletion or any other concern
raised by the original job posting source/owner without any
notice.
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d) The Company reserves the right to remove any job posting or
content from any the Platform, which in the reasonable
exercise of Company's discretion, does not comply with the
above Terms or applicable laws, or if any content is posted
that the Company believes is not in the best interest of the
Company.
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e) By posting/uploading a job posting on the Platform, the
Employer confirms that it has obtained all licenses/permits as
are necessary for recruitment and to indemnify the Company
against all claims, damages arising out of actions/claims that
may be made in relation to the same.
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f) The Employer will provide up to a maximum of 5_email ids
for vacancies posted on the Platform to receive email
notifications of applications, if any. The contact information
given by the Employer for all listing should be the same and
the subscriber cannot give multiple entities' contact
information/data for the purpose of listing.
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g) The Employer shall give an undertaking to the Company that
the jobs sought to be listed on the Platform are in existence,
genuine, true and accurate and the user has the authority to
advertise the jobs.
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h) The Employer shall not use this Service to:
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i. post jobs in a manner that does not comply with
applicable local, national and international laws, including
but not limited to laws relating to labour and employment,
equal employment opportunity and employment eligibility
requirements, data privacy, data access and use, and
intellectual property;
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ii. post jobs that require citizenship of any particular
country or lawful permanent residence in a country as a
condition of employment, unless otherwise required in order
to comply with law, regulations, executive order, or
federal, state or local government contract;
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iii. post jobs that include any screening requirement or
criterion in connection with a job posting where such
requirement or criterion is not an actual and legal
requirement of the posted job;
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iv. post jobs or other advertisements for competitors of the
Company or post jobs or other content that contains links to
any site competitive with the Company;
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v. sell, promote or advertise third-party products or
services;
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vi. advertise sexual Services or seek employees for jobs of
a sexual nature;
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vii. request the use of human body parts or the donation of
human parts, including, without limitation, reproductive
Services such as egg donation and surrogacy;
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viii. endorse a particular political party, political
agenda, political position or issue;
- ix. promote a particular religion;
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x. post jobs located in countries subject to economic
sanctions in compliance with the laws of respective State
jurisdiction; and except where allowed by applicable law,
post jobs which require the applicant to provide information
relating to his/her:
- racial or ethnic origin
- political beliefs
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philosophical or religious beliefs
- membership of a trade union
- physical or mental health
- sexual life
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the commission of criminal offences or proceedings or Age.
- 7.4.1.2 Resume Database Access
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a) The Company shall make available to the Employer a
proprietary database of resumes for shortlisting potential
Jobseekers for employment opportunities.
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b) The Company shall make available to the Employer different
filters within the database of resumes to increase the
specificity of the search based on, including but not limited
to, city, industry, job roles and other such filters as maybe
added by the Company from time to time.
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c) The Company shall in no way be held liable for any
information received by the Employer and it shall be the sole
responsibility of the Employer to check, authenticate and
verify the information/response received at its own cost and
expense.
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d) User shall use database in accordance with all applicable
privacy and data protection laws, and agrees not to further
disclose any of the data from the Company's database to any
Third Party, unless user is an authorized recruitment agency,
staffing agency, advertising or other agency or using the
resume explicitly for employment purposes.
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e) Employer shall take appropriate physical, technical, and
administrative measures to protect the data it has obtained
from the Company's database from loss, misuse, unauthorized
access, disclosure, alteration or destruction. User shall not
share its login credentials with any party.
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f) User shall not use this Service for any purpose other than
as an Employer seeking employees, including but not limited to
advertising promotions, products, or Services to any resume
holders.
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g) Employer shall not use this Service to make unsolicited
phone calls or faxes or send unsolicited mail, email, or
newsletters to Jobseekers or to contact any individual unless
they have agreed to be contacted.
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h) Employer shall not use this Service to source candidates or
to contact Jobseekers or resume holders in regards to business
opportunities prohibited by these Terms.
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i) Employer shall use this Service in order to ensure a safe
and effective experience for all other users, the Company
reserves the right to limit the amount of data (including
resume views) that may be accessed by the user in any given
time period. These limits may be amended in the Company's sole
discretion from time to time.
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7.5
Private Resume Database Hosting Service
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7.5.1 The Company provides hosting space to enable users to
store resumes and to use certain Platform applications in
connection with such databases.
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7.5.2 The Company provides option to the users to set their
resumes to private or public. A private resume will not be
searchable by the Employers.
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7.5.3 The Company does not own the data, including but not
limited to, the PII contained in such hosted databases.
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7.5.4 The data in such hosted databases are entirely controlled
by the user.
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7.5.5 If a Job Seeker applies to a job posting by an Employer,
the resume shall be transferred to such Employer.
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7.5.6 The Company is not responsible for the privacy policies or
practices of Employers.
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7.5.7 For more information please refer to the Platform's
privacy policy for Private Resume Database Hosting Service
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7.6 Start-up Services
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7.6.1 The start-up ecosystem is a unique solution introduced by
the Company on the Platform for networking between Interested
Parties, i.e. persons or associations who intend to initiate a
start-up venture and various other parties like Mentors,
Incubators, Accelerators and Investors (collectively referred to
as “Interested Parties”).
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7.6.2 These Services are usually developed or orchestrated by
Incubator's management and offered both either through the
business incubator and/or through its network of contacts.
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7.6.3 Through this facility, the Company brings these Interested
Parties together on the Platform to provide them a common
platform to interact.
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7.6.4 Users can share their ideas, plans and potential
innovative actions which will facilitate them in fulfillment of
their respective objectives through this Service.
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7.6.5 Subject to clause 8 of these Terms, the Company assumes no
responsibility towards safeguarding of any or all intellectual
property shared by the User with the Interested Parties while
using this Service.
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7.6.6 The Company assumes no liability and does not provide any
guarantee for the content, quality, duration, and completion of
mentorship that may be received by the user from the Interested
Parties.
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7.6.7 The Company makes no promises vis-à-vis certainty of
funding from Interested Parties to the user
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7.7 Video Service
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7.7.1 Video Service specifically and only allows registered
users on the Platform who have a valid login ID to upload video
content related to their resumes, profile, company profile and
contents ancillary and incidental thereto to be hosted on the
Platform and to be configured by applicable Technology for
public display on the Platform, including but not limited to the
Company's affiliate's websites and on the Company affiliates and
syndicated Third Party sites, and for the public posting,
viewing and sharing of the Video Content.
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7.7.2 User expressly agrees and acknowledges that the Video
Service is a not a private Service and it is hereby clarified
that once the registered users on the Platform submit their
respective Video Contents for inclusion into the Platform, it
will be accessible by the public at large, and that there is no
confidentiality or privacy with respect to the Video Content
uploaded.
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7.7.3 Further, registered users of the Platform also agree and
acknowledge that their Video Content submitted to Video Service
may, in the Company's discretion, appear on the Platform in
other countries.
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7.7.4 User will not adulterate, manipulate, change, alter, amend
or modify any part of the video content contained on the
Platform and comply with these Terms and Privacy Policy
enshrined and specified on the Platform.
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7.7.5 Company assumes no liability in event of adulteration,
manipulation, change, alteration, amendment or modification of
Video Content by the user and/or any other non-escriptive
entity.
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7.8 Users while clicking the said jobs will be redirected by the
Platform to the original source of the jobs posting owner
website(s). It shall be the sole prerogative and responsibility of
the user to check the authenticity of all or any response received
pursuant to the profile being displayed by the Company for going
out of station or in station for any job / interview and the
Company assumes no responsibility in respect thereof.
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7.9 The Company reserves its right to reject any insertion or
information/data provided by the Employer without assigning any
reason either before uploading or after uploading the vacancy
details, refund if any shall be on a pro-rata basis i.e., the
refund amount shall be based on the remaining length of the
Service , at the sole discretion of the Company.
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7.10 The Company will commence providing Services only upon
receipt of amount/charges upfront either from user or from a Third
Party on behalf of the user.
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7.11 This subscription is not transferable i.e. it is for the same
person throughout the period of subscription.
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7.12 Terms for sourced and enriched profiles:
Sourced Profile
With the objective to provide right career opportunity with the
right employer, the candidates who have listed themselves at
various publicly accessed domains/URLs for better career
opportunity, foundit has collated and sourced their publicly
available information like name, email address, phone number,
resume including job experience, experience, skills, and education
which is posted and available for public view, on foundit website
for better visibility of their profiles by the relevant employers
in fulfilling their career objectives. foundit can use such
information available on publicly available URL for job-related
purposes, provide Job-related communication, populate to potential
employers and recruiters for shortlisting for potential job
requirements of such candidates. Such sourced profile candidates
will be able to receive communication from employers and
recruiters for various career opportunities without any effort by
such candidates and can avail such career opportunities free of
cost/any charge from foundit. Such candidates can contact to
foundit at compliance@founditgulf.com for any update of
their information and any other communication for necessary action
by foundit.
Enriched Profile
foundit will endeavour to gather the missing information like
name, email address and phone number, company information ,
experience etc. on uncompleted profiles registered on its website
from various publicly accessed domains/URLs so that the profile
information can be enriched, made relevant and corrected. Such
candidates can contact to foundit at
compliance@founditgulf.com for any update of their
information and any other communication for necessary action by
foundit. In the event of any concern or query, the sourced profile
and enriched profile candidates can contact to compliance team at
compliance@founditgulf.com for necessary action.
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Intellectual Property Rights
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8.1 For the purpose of this Agreement, Intellectual Property shall
mean as defined in clause 1.2.
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8.2 User acknowledges and agrees that all intellectual property
rights including trademarks and logos of the Company and the
Platform shall vest in the Company and the user shall not indulge
in any act that construes that such trademarks and logos of the
Company belongs to the user.
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8.3 User acknowledges and agrees that the Company owns all rights,
title and interest in the Service and the Platform, including the
intellectual property in the Service and the Platform developed,
graphics, and programming code thereto, description, photographs,
etc. created/use for the user shall solely vest with the Company.
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8.4 The Company grants the user a limited license to access and
make personal use of the Platform and Services.
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8.5 Access or use of Platform does not confer and shall not be
construed as conferring upon anyone the license to use the
Company's Intellectual Property Rights.
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8.6 User agrees and acknowledges that this license does not confer
any right to download, copy, create a derivative work from,
modify, reverse engineer, reverse assemble, or otherwise attempt
to discover any source code, sell, assign, sub-license, grant a
security interest in or otherwise transfer any right in the
Service.
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8.7 User agrees and acknowledges that the user does not have the
right to use Company's trade names, trademarks, Service marks,
logos, domain names, and other distinctive brand features.
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8.8 User agrees and acknowledges that the user does not have the
right to remove, obscure, or alter any proprietary rights notices
(including trademarks and copyright notices), which may be affixed
to or contained within the Service.
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8.9 User agrees to not copy or transmit any of the Service.
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8.10 If the user believes that its copyrighted work has been
uploaded, posted or copied to the Platform and is accessible on
the Platform in a way that constitutes copyright infringement,
please notify the Company by providing Company's designated
copyright agent with the following information:
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(a) the physical or electronic signature of either the copyright
owner or of a person authorized to act on the owner's behalf;
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(b) a description of the copyrighted work the user claims has
been infringed, and a description of the activity that You claim
to be infringing;
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(c) identification of the URL or other specific location on the
Platform where the material or activity You claim to be
infringing is located or is occurring;
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(d) the user must include enough information to allow the
Company to locate the material or the activity;
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(e) user's name, address, telephone number and, if You have one,
your e-mail address;
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(f) a statement by the user that the user has a good faith
belief that use on the Platform of the copyrighted work in the
manner is not authorized by the copyright owner, any agent of
the copyright owner, or the law; and
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(g) a statement by the user, made under penalty of perjury, that
the information the user has provided in the notice is accurate
and that the user is either the copyright owner or are
authorized to act on behalf of the copyright owner.
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8.11 8.11The Company has designated L D Pandey as the Company's
authorized official to receive notices of claims of copyright
infringement on the Platform. The user can contact LD Pandey as
follows:
By Post/mail- LD Pandey, Legal Department, Monster.com (India)
Private Limited Upper Ground Floor, Tower-B, Smartworks, World
Trade Tower, plot No- 1, DND Flyway, Central Auto Market, Block C,
Block B, Sector-16, Noida, UP- 201301, India
By email- privacypolicy@founditgulf.com
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Policy Regarding Termination Of Users Who Infringe The Copyright
Or Other Intellectual Property Rights Of Others
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9.1 The Company, and its sister concerns respect the Intellectual
Property of others, and we ask all users, account holders and
content partners to do the same.
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9.2 The unauthorized reproduction, copying, distribution,
modification, public display or public performance of copyrighted
works constitutes infringement of the copyright owner's rights.
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9.3 User agrees not to use the Platform to infringe the
Intellectual Property Rights of others in any way.
-
9.4 The Company shall terminate the accounts, and block access to
the Platform of any such users who are repeat infringers of the
Intellectual Property Rights of others.
-
9.5 The Company reserves the right to take these actions at any
time, in its sole discretion, with or without notice, and without
any liability to the user who is terminated or to the User whose
access is blocked.
-
9.6 Notwithstanding the foregoing please contact the following in
the event that the user believes in good faith that a notice of
copyright infringement has been wrongly filed against such user:
By mail:
privacypolicy@founditgulf.com
By Post/mail- LD Pandey, Legal Department, Monster.com (India)
Private Limited A-68, Ground Floor, Sector 64, NOIDA-201302, UP,
India
-
Prohibited Conduct
-
10.1 User shall not access or use the Platform for any purpose
except those specifically authorized by these Term.
-
10.2 User, whether alone and/or in conjunction with others, shall
not engage in any activity or conduct that results, whether
directly or indirectly, in:
-
10.2.1 the disruption or interruption of the Platform;
- 10.2.2 harms minors in any way;
-
10.2.3 the interference with access and/or use of the Platform
by other users;
-
10.2.4 the addition, deletion and/or modification of the
Platform;
-
10.2.5 the collection, recording, storage, and/or use of PII of
other users of the Platform;
-
10.2.6 the breach, or attempt to breach, the security and/or
authentication features of the Platform;
-
10.2.7 the modification, reverse engineering, decompilation,
decoding, disassembly or otherwise accessing of the source code
used by the Company in connection with the Platform;
-
10.2.8 the linking to the Platform in any manner that is false
or misleading to the User;
-
10.2.9 the use of the Platform to send unsolicited
communications, whether personal or commercial in nature;
-
10.2.10 the use of the Platform' domain name(s) as a
pseudonymous return email address;
-
10.2.11 the use of any domain name that contains or is
confusingly similar to the Platform domain name(s);
-
10.2.12 send unsolicited mail or e-mail, making unsolicited
phone calls or send unsolicited faxes regarding promotions
and/or advertising of products or Services to a user of the
Platform;
-
10.2.13 posts on the Platform any franchise, pyramid scheme,
“club membership“, distributorship or sales representative
agency arrangement or other business opportunity which requires
an upfront or periodic payment, pays commissions only (except
for postings that make clear that the available job pays
commission only and clearly describes the product or Service
that the job seeker would be selling, in which case such
postings are permissible), requires recruitment of other
members, sub-distributors or sub-agents;
-
10.2.14 that is grossly harmful, harassing, blasphemous,
defamatory, obscene, pornographic, pedophilic, libellous,
invasive of another's privacy, threatening, abusive or hateful
or racially, ethnically objectionable, disparaging, relating
encouraging money laundering or gambling or otherwise unlawful
in any manner whatsoever;
-
10.2.15 threatens the unity, integrity, defense, security or
sovereignty of India, friendly relations with foreign states or
of public order or causes incitement to the commission of any
cognizable offence or prevents investigation of any offence or
insulting any other nation; and/or
-
10.2.16 without limiting the foregoing, and by way of example
only, the User may not introduce any viruses, Trojan horses,
spyware, or other software of any kind whatsoever, or engage in
“flooding,” “spamming,” “spoofing,” “mail bombing,” “crashing,”
“framing,” “deep-linking,” or the forgery of any information
that states or suggests a false affiliation or origin of emails
and other electronic matter or infringement of intellectual
property of any third party or users;
-
10.2.17 Employers are prohibited from posting the following jobs
on the Platform;
-
10.2.17.1 where such job is for any competitor of the Platform
and contains links to any site in competition with the
Platform;
-
10.2.17.2 which contains any hyperlinks, email addresses, HTML
Tags, “hidden“ keywords, repetitive keywords or any keywords
that are irrelevant to the job or are otherwise misleading;
-
10.2.17.3 for modelling or talent scouting positions;
-
10.2.17.4 which contain multiple job descriptions in one
posting;
-
10.2.17.5 reposting the same job description multiple times;
-
10.2.17.6 job descriptions which are misleading;
-
10.2.17.7 jobs offering services pertaining to immigration/
visa processing etc.;
-
10.2.17.8 it is clarified that the aforementioned list is
non-exhaustive and the Platform may re-visit prohibited job
postings from time to time.
-
Terms for Employers
-
11.1 Employers shall be able to create their own organisation's
profile on the Platform.
-
11.2 The Employers or the recruiters acting on their behalf shall
be able to connect with Jobseekers via their organisation's
profile on the Platform.
-
11.3 Through their organisation's profile, Employers will be able
to showcase their company environment, policies & other important
information, and engage Jobseekers through polls & surveys.
-
11.4 Employers shall have the sole responsibility of authorizing &
managing the recruiters associated with their profile at their own
discretion.
-
11.5 In the event that any of the Employers' engagement with their
respective recruiter terminates, and if such recruiter had the
access to its respective Employer's Professional Networking on the
Platform, it shall be the sole responsibility of such Employer to
immediately notify the Company about the termination of engagement
with the said recruiter and appointment of a new recruiter.
-
11.6 It shall be the sole responsibility of the Employer to inform
the Company regarding change, update or termination of engagement
with the recruiter as and when such change, update or termination
occurs.
-
11.7 Employers/their authorised recruiters are responsible for
maintaining the confidentiality of their account, profile and
passwords, as applicable.
-
11.8 Employers/their authorised recruiters may not share their
password or other account access information with any other party,
either temporarily or permanently, and Employer shall be
responsible for all uses of the Platform, whether or not
authorized by the Employer.
-
11.9 Employers/their authorised recruiters agree to immediately
notify the Company of any unauthorized use of their account,
profile, or passwords.
-
11.10 Employers/their authorised recruiters are solely responsible
for their postings on the Platform.
-
11.11 Company shall not be responsible for any employment
decisions, for whatever reason, made by any Employer/their
authorised recruiters posting jobs on the Platform.
-
11.12 The Employer understands and acknowledges that if the
Employer permanently closes its Employer account or the Employer
account is terminated, all the account information on the
Platform, including saved resumes, network contacts, and email
mailing lists, will be marked as deleted. The information will be
deleted by the Company within a reasonable period of time___ ,
unless the Company is unable to do so due to any Force Majeure
Event..
-
11.13 In order to protect users from commercial advertising or
solicitation, the Company reserves the right to restrict the
number of e-mails which an Employer may send to users.
-
11.14 Employers, recruiters and others accessing sourced profiles
on foundit website shall verify the DO NOT DISTURB (DND) status of
the sourced profile candidates before contacting such sourced
profile candidates through telephonic calls and /or through
SMS/text messages and shall not make telephonic calls and /or
through SMS/text messages to those candidates who have marked
themselves as DND. Any non compliance thereof by the employers,
recruiters and other of such statutory compliance requirement will
held them liable under the applicable provisions of TRAI
guidelines and regulations.
-
Terms for Jobseekers
-
12.1 Jobseekers have the option to connect with other Jobseekers
on the Platform through their respective accounts.
-
12.2 This connect can happen only among Jobseekers who have some
common background, which includes but is not limited to, being
colleagues at a company, college alumni, through their connect on
email/social networks, or through their common connections on the
Professional network.
-
12.3 Jobseekers can use their profile in account for their
Professional Network. Jobseekers may limit their profile access &
visibility on the Professional network at their discretion. They
can also control the flow of social activities related information
to their contact IDs using their account settings.
-
12.4 Jobseekers have three profile preferences as options to
choose from - Public, Limited and Private.
-
12.5 The Public profile will be accessible to other users for
social activities. It shall be visible & available for search to
the network; can be imported as connections; can receive request
for recommendation / endorsements, and can share their
accreditations like assessments or certifications etc. within
their network.
-
12.6 The Limited profiles shall be accessible and visible to its
connections only and can share their accreditations like
assessments or certifications etc. within their network.
-
12.7 The Private profile shall be restricted and not open to
connections, and will not be searchable for social activities.
Jobseekers shall use the Professional Networking environment only
for the purpose of career related information; opportunities and
dissemination of information thereof through the network and shall
not use Professional Networking for promotion of any sales,
marketing, collecting / gathering of details of the users for the
purpose or other activity, which is not permitted under these
Terms & Privacy Policy of the Platform.
-
12.8 As a jobseeker, user understands and acknowledges that if the
user cancels its account on the Platform or if the account is
terminated, all the user information in the Professional network,
will be marked as deleted in and may be deleted from the Platform
databases and will be removed from any public area of the
Platform. The information will be deleted by the Company within a
reasonable period, unless the Company is unable to do so due to
any Force Majeure Event.
-
Terms for Recruiters
-
13.1 Recruiters associated with Company's users can create their
individual recruiter profile on the Platform, which shall be
registered by the Company at its sole discretion.
-
13.2 These recruiters will function as authorized users of their
company's account on the Platform. They can use their profile to
manage their company's account, post jobs, do database searches
and perform other recruitment related activities for their
organisation. They can have a direct connect with the Jobseekers,
who can follow them to know about their activities.
-
13.3 Such authorized recruiters shall be solely responsible for
managing Professional Networking profile and will not be able to
represent the same account as soon as their engagement terminates
with their respective organisation. However, such recruiter's
Professional Networking profile will be on the Platform's
Professional Network containing the basic information of such
recruiters along with the followers, which can be used by the
recruiter for any other Employer on the Platform in association
with the other Employer on the Platform.
-
13.4 The Company reserves the right to delete or remove of any
such individual authorized recruiters without notice if it comes
to the Company's knowledge or if it is otherwise notified to the
Company that it infringes and/or violates any third party's trade
mark, copy right and / or any other intellectual property right
and the Company may also terminate access to its Website
permanently
-
13.5 Additional terms for third-party recruiters creating
recruiter profile on the Platform:
-
13.5.1 The non-customer recruiters, either individuals, free
lancers or other entities (collectively referred to as
“third-party recruiters”) who create recruiter profile on the
Platform shall be solely responsible for managing their
respective profile on the Platform, submission of true & correct
information and ensure that the data, job posting, and other
information submitted through Recruiter profile is correct, true
and not misleading and shall not upload, display of data, job
posting and other material on the Platform which:
-
13.5.1.1 is in violation of any applicable law or regulation;
-
13.5.1.2 will infringe the copyright, trademark, trade secret
or other intellectual property or proprietary rights of others
or violate the privacy, publicity or other personal rights of
others;
-
13.5.1.3 belongs to another person/entity and to which you do
not have any right to;
-
13.5.1.4 deceives or misleads the addressee about the origin
of such message or communicates any information which is
grossly offensive or menacing in nature; impersonate another
person or entity;
-
13.5.1.5 contains software viruses or any other computer code,
files or programs designed to interrupt, destroy or limit the
functionality of Company's computer systems or Platform,
customer's computer systems or site;
-
13.5.1.6 is grossly harmful, harassing, blasphemous,
defamatory, obscene, pornographic, pedophilic, libelous,
invasive of another's privacy, threatening, abusive or hateful
or racially, ethnically objectionable, disparaging, seeking
money from jobseekers, relating encouraging money laundering
or gambling or otherwise unlawful in any manner whatsoever.
-
13.5.2 Such non-customer recruiters authorize the Company to use
their information in order to send e-mail or other
communications regarding offers and updates on the Platform to
contact them about their opinion about current products and
Services or potential new products and Services that may be
offered and also authorize the Platform to provide additional
communications, promotions and information on new opportunities,
product/Services and additional job postings.
-
13.5.3 The nature and frequency of these messages will vary
depending upon the information the Company Posses about such
non-customer recruiters.
-
13.5.4 The Company reserves the right to restrict/amend the
features of non-customer recruiter's profile, manner of its use,
the Platform as the Company deems appropriate in its sole
discretion.
-
13.5.5 Such non-customer recruiters agree to defend, indemnify,
and hold harmless the Company, its affiliates, and their
respective officers, directors, employees and agents, from and
against any claims, actions or demands, including without
limitation reasonable legal and accounting fees, alleging or
resulting from:
-
13.5.5.1 any content or other material provided to Recruiter
profile,
-
13.5.5.2 use of any content on the Platform, or
- 13.5.5.3 breach of these terms.
-
13.6 On non-conformance of any of the aforesaid terms the Company
reserves the right to delete or remove offending recruiter profile
without notice if it comes to the Company's knowledge or if it is
otherwise notifies to the Company that it infringes and/or
violates any Third Party's Trade Mark, Copy right and / or any
other intellectual property right and the Company may also
terminate access to its Websites permanently.
-
13.7 The Company has no liability or responsibility towards
Recruiters for performance or non-performance of such activities.
Additionally, the Company has the right to initiate appropriate
proceedings against the offending Recruiters as per law.
-
Terms for Interested Parties:
-
14.1 The Interested Parties have the option to connect with each
other through the Platform. The Company acts only as a medium /
facilitator for connecting them through its Platform.
-
14.2 The Interested Parties may limit their visibility/access at
their discretion, and can also control the flow of their
respective information.
-
14.3 The Interested Parties can use this facility of the Company
only for the purpose of start-up related information;
opportunities and dissemination of information thereof through the
Platform and shall not use it for promotion of any sales,
marketing, collecting / gathering of details of the users for any
purpose or other activity, which is not permitted under these
Terms and Privacy Policy of the Platform.
-
14.4 The user acknowledges and understands that the Company does
not have any involvement in the constitution and dealings of
Interested Parties and does not assumes any liability for liable
for any inaccuracy, errors, mistakes, misrepresentation thereof in
any manner whatsoever.
-
14.5 Interested Parties can create their respective profiles on
the Platform, which shall be registered on the Platform by the
Company on acceptance of such terms and conditions as the Company
may deem appropriate at its sole discretion.
-
14.6Interested Parties can use their profile do relevant acts, and
perform other activities related .to start up. They can have a
direct connection between them to know about their activities.
-
14.7Jobseekers willing to work in start-ups can register on the
Platform, and engage with Interested Parties by following their
profiles, participating in online discussions and request to
connect.
-
14.8Interested Parties can avail Job Postings Service and have
Jobseekers apply to such jobs posted by these Interested Parties.
-
14.9Such Interested Parties shall be solely responsible for
managing their profile. They are responsible for submission of
true & correct information and ensure that the data and other
information submitted is correct, true and not misleading and
shall not upload, display of data, and other material on the
Platform.
-
Communication Policy
-
15.1 By making use of the Platform, and furnishing your
personal/contact details (PII), You hereby agree that the user is
interested in the Services, offers, campaigns etc. that the
Company or any other Third Party may offer/provide/share/send to
You from time to time through any means including but not limited
to telephone, SMS (short messaging Service), electronic mail
(e-mail), WhatsApp or any other messaging Service/mobile
application or any other physical, electronic or digital
means/mode.
-
15.2 User hereby agrees that the Company may contact You either
electronically or through phone, to understand Your interest in
the selected Services and to fulfil your demand or complete your
application for the Services and to assist You for customer
servicing.
-
15.3 User also expressly agree and authorize the Company and its
partners, service providers, vendors and other third parties to
contact the user for the purpose of offering or inviting your
interest in availing other products or Services offered by third
parties, or for sending other marketing campaigns, offers, or any
other information either on the Platform or through other means
including but not limited to telephone, SMS (short messaging
Service), electronic mail (e-mail), WhatsApp or any other
messaging Service/mobile application or any other physical,
electronic or digital means/mode.
-
15.4 User acknowledges and accepts that by using the Platform,
user authorizes the Company, its affiliates, partners and third
parties to contact the user for any follow up calls in relation to
the Services provided through the Platform and for offering or
inviting your interest in availing any other Service offered by
the Company or such third parties. User agrees and consents to
receive communications relating to all of the above on your
phone/mobile number provided by you on the Platform and expressly
waive any registration or preference made under DND/NCPR list
under the applicable TRAI regulations.
-
15.5 User will indemnify and hold harmless the Company and the
SMS/e-mail Service provider including its officials from any
damages, claims, demands, proceedings, losses, costs, charges and
expenses whatsoever including legal charges and attorney's fees
which the Company or the SMS/e-mail Service provider may at any
time incur, sustain, suffer or be subjected to as a consequence
of, or arising out of, any of the following:
-
15.5.1 misuse by the user or improper or fraudulent information
provided by the user;
-
15.5.2 incorrect number or a number that belongs to an unrelated
Third Party provided by the user;
-
15.6 User agrees to receive communications through e-mails,
telephone and/or SMS, from the Company or third parties. User also
agree that the Company reserves the right to make user details
available to its partner banks/financial institutions, vendors,
Service providers, business partners, agents or any other Third
Party and that You may be contacted by such partners and/or the
Third Party for information through email, telephone and/or SMS.
-
15.7 Any query or concern should be redirected to
compliance@founditgulf.com.
-
Express Consent and Acknowledgement
-
16.1 User acknowledges, consents and agrees that when submitting
user's resume for storage in the Company's resume database ( for
brevity “database”), user's resume is automatically searchable by
Employers, recruiters, hiring managers, head-hunters, Interested
Parties and human resource professionals (collectively called as
“employers”) who pay for access to the database.
-
16.2 The Company is not responsible for the use made of resumes by
employers who accessed user's resume whilst it resides in the
database.
-
16.3 User acknowledges that when user's resume is displayed in the
database, personal information present within your resume (such as
your email address), can be collected and used by parties other
than the employers. This may result in unsolicited messages from
third parties for which the Company is not responsible.
-
16.4 The Company will attempt to limit access to the database to
the employers, but cannot guarantee that other parties will not
gain access to this database.
-
16.5 User may remove its resume from the Platform at any time, but
the employers who have gained access to the database may have
retained a copy of user's resume in their own files or databases.
-
16.6 The Company is not responsible for the retention, use or
privacy of resumes or profiles in these instances.
-
16.7 User acknowledges, consents and agrees that job search agents
will be automatically created when user registers on the Platform.
-
16.8 Job search agents will automatically email the user job
opportunities based on pre-selected search criteria.
-
16.9 User's job search agent will search daily for new open
positions that match user's your criteria.
-
16.10 User can choose to have those search results emailed to the
user on a daily, weekly or monthly basis.
-
16.11 User has the option to tweak/change the search criteria
basis which of user's job agent shall search for job
opportunities. In relation to the aforementioned, user agrees that
the Company may use user's PII to contact the user and deliver
information relating to the job search agent's search results to
the user, or provide administrative notices or communications
applicable to user's use of the Platform.
-
16.12 User acknowledges, consents and agrees that the Company can
disclose user's resume and contact details to prospective
Employers who purchased the Company's Services in order to seek
qualified candidates.
-
16.13 The Company uses data about the user to determine whether
user might be interested in the opportunities made available
through such job postings.
-
16.14 In the event that user is an Employer posting job
opportunities on the Platform, user acknowledges and agrees that
user will use the candidates' PII for recruitment purposes only
and will not disseminate such PII to any Third Party or use such
PII for any other purposes.
-
Limitation of Liability and Indemnity
-
17.1 In no event shall the Company or its directors, employees,
associates, partners, or suppliers will be liable to the user for
any loss or damage that may cause or arise from or in relation to
these Terms or due to use of this Platform or availing any
Services from any third-party Service provider.
-
17.2 User agree to indemnify the Company or its directors,
employees, associates, partners or suppliers for all the
liabilities including claims, damages, suits or legal expenses in
defending itself in relation to the foregoing arising due to (i)
use or misuse of the Application (ii) non-performance and/or non-
observance of the duties and obligations under these Terms or due
to users acts or omissions (iii) any act, neglect, misconduct or
fraud on the user's part.
-
17.3 User warrants that all the details and information provided
by the user to the Company or its directors, employees,
associates, partners, or suppliers while using this Application
(including for the purposes of carrying out investments) shall be
correct, accurate and genuine.
-
17.4 To the fullest extent permissible pursuant to applicable law,
the Company and its directors, employees, associates, third-party
partners or suppliers disclaim all warranties or guarantees –
whether statutory, express or implied – including, but not limited
to, implied warranties of merchantability, fitness and
non-infringement of proprietary rights. No advice or information,
whether oral or written, obtained by the user from the Company or
through the Platform will create any warranty or guarantee other
than those expressly stated herein.
-
17.5 The Platform and all content and Services provided on the
Platform are provided on an “as is” and “as available” basis. The
Company expressly disclaims all warranties of any kind, whether
express or implied, including, but not limited to, the implied
warranties of merchantability, fitness for a particular purpose,
title, non-infringement, and security and accuracy, as well as all
warranties arising by usage of trade, course of dealing, or course
of performance. Company makes no warranty, and expressly disclaims
any obligation, that:
-
(a) the content will be up- to-date, complete, comprehensive,
accurate or applicable to your circumstances;
-
(b) the Platform will meet your requirements or will be
available on an uninterrupted, timely, secure, or error-free
basis;
-
(c) the results that may be obtained from the use of the
Platform or any Services offered through the Platform will be
accurate or reliable; or
-
(d) the quality of any products, Services, information, or other
material obtained by you through the Platform will meet user
expectations.
-
17.6 While availing any of the payment method/s available on the
Platform, the Company will not be responsible or assume any
liability, whatsoever in respect of any loss or damage arising
directly or indirectly to you due to:
-
17.6.1 Lack of authorization for any transaction/s, or
-
17.6.2 Any payment issues arising out of the transaction, or
-
17.6.3 Illegitimacy of the payment methods (credit/debit card
frauds etc.) being used by a you;
-
17.6.4 Decline of transaction for any other reason(s)
-
17.7Use of the payment facilities provided by the Platform shall
not render the Platform liable or responsible for the
non-delivery, non-receipt, non-payment, damage, breach of
representations and warranties, non-provision of after sales or
warranty Services or fraud as regards the products or Services
listed on the Platform. The Platform shall not be responsible for
any damages, interests or claims arising from not processing a
transaction.
-
Third Party Sites, Services and Products
-
18.1 User agrees and acknowledges that for providing or completion
of Service, the Company may facilitate provisions of third-party
products or Services within the Platform or redirect the user to
such third-party application and website. In order to use these
third- party products and Services, the user may need to accept
additional terms and conditions and meet additional requirements
as specified on their website.
-
18.2 User shall be bound by the terms of use of such Third Party
website.
-
18.3 The Company does not exercise control over any Third Party
websites and does not warrant any use thereof. User agrees that
the Company is not responsible or liable in any way with respect
to the contents of the third-party websites.
-
18.4 User shall be solely responsible for any loss or damage of
any sort incurred as a result of transactions with such third
parties. Any questions, complaints or claims related to any Third
Party product or Service should be directed to the appropriate
Third Party.
-
18.5 User interaction with any Third Party accessed through the
Platform is at user's own risk, and the Company shall have no
liability with respect to the acts, omissions, errors,
representations, warranties, breaches or negligence of any such
Third Party or for any personal injuries, death, property damage,
or other damages or expenses resulting from your interactions with
the Third Party.
-
Privacy Policy
-
19.1 The Company shall be committed to ensuring that the
information furnished, as a part of registration process mentioned
above, is secure and no unauthorized access or disclosure takes
place with respect to the same. The Company has installed internal
checks and mechanisms to ensure the same.
-
19.2 Purpose of collecting PII: The major purposes for the
collection of PII are listed below:
-
a) For improving Services offered and received using the
Platform;
- b) For keeping internal records;
- c) For market research purposes;
-
d) For the purpose of enhancing Your experience
-
19.3 In case user changes its mind and wish to discontinue sharing
PII, users may visit their Account and manage the settings to opt
out or may express such intention by emailing the Company at
privacypolicy@founditgulf.com
-
19.4 The Company at all times reserves the right to disclose any
information as may be required by law. This may include disclosure
of information for investigation of an alleged illegal activity or
its response to a lawful court order.
-
19.5 The Privacy Policy applies to current and former users to
Company's Platform. To know more about the Company's policy on
collection and use of data, please go through our Privacy Policy.
-
Confidentiality
-
20.1 User acknowledges that in course of user's relationship with
the Company and in using the Services, user may obtain information
relating to the Services and/or the Company (“Proprietary
Information”). Such Proprietary Information shall belong solely to
the Company and includes, but is not limited to, the features and
mode of operation of the Services, trade secrets, know-how,
inventions (whether or not patentable), techniques, processes,
programs, ideas, algorithms, schematics, testing procedures,
software design and architecture, computer code, internal
documentation, design and function specifications, product
requirements, problem reports, analysis and performance
information, benchmarks, software documents, and other technical,
business, product, plans and data. In regard to this Proprietary
Information:
-
20.2 User shall not use except as expressly authorized by this
Agreement) or disclose Proprietary Information without the prior
written consent of the Company unless such Proprietary Information
becomes generally publicly available without user's breach of this
Agreement.
-
20.3 User agree to take reasonable measures to maintain the
proprietary information and Services in confidence.
-
Grievance Redressal
The Company has designated L D Pandey as grievance officer to
redress the grievances of the users. The aggrieved user may submit
their grievances by addressing
By email:
privacypolicy@founditgulf.com
By Post/mail- perjury, Legal Department, Monster.com (India) Private
Limited A-68, Ground Floor, Sector 64, NOIDA-201302, UP, India
-
Disclaimer of Warranty
THE COMPANY DOES NOT WARRANT THAT THE PLATFORM WILL OPERATE
ERROR-FREE OR THAT PLATFORM AND ITS SERVERS ARE FREE OF COMPUTER
VIRUSES OR OTHER HARMFUL MECHANISMS. IF THE USE OF THE PLATFORM OR
CONTENT ON IT RESULTS IN THE NEED FOR SERVICING OR REPLACING
EQUIPMENT OR DATA OF THE USER, THE COMPANY IS NOT RESPONSIBLE FOR
THOSE COSTS. THE PLATFORM AND CONTENT ON IT ARE PROVIDED ON AN “AS
IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT
POSSIBLE BY LAW, THE COMPANY DOES NOT WARRANT THAT THE PLATFORM OR
ANY COMPANY SERVICES WILL OPERATE ERROR-FREE OR THAT THE PLATFORM
AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL
MECHANISMS. IF THE USE OF THE PLATFORM OR THE CONTENT THEREIN
RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR
ANY OTHER COSTS OF THE USER, THE COMPANY IS NOT RESPONSIBLE FOR
THOSE COSTS. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW,
DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE
WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND
NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE
ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE FOUNDIT
CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
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Disclaimer of Warranty
TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL THE
COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE
PLATFORM BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR
DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY OR
BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE
THE PLATFORM AND THE CONTENT ON IT, WHETHER BASED ON WARRANTY,
CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE
COMPANY HAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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Modification and Amendment
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24.1 The Company reserves the right at any time, at its sole
discretion, to change or otherwise modify the Terms and any other
policy related thereto. The Company shall, at least once in a
year, display on the Platform regarding any
changes/updates/amendments/revisions/modifications effectuated in
the Terms and any other policy related thereto. The continued
access or use of this Platform after such
changes/updates/amendments/revisions/modifications signifies
user's acceptance of the updated/changed/amended/revised/modified
Terms. Be sure to return to this page periodically to review the
most current version of Terms.
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24.2 Company reserves the right to discontinue or suspend,
temporarily or permanently, the Services including ancillary
Services, by giving reasonable time period notice, on a best
effort basis, unless it is merely to change certain
features/contents of the Services and/or Platform or maintain the
security and integrity of the Services. User agrees that Company
will not be liable to you in any manner whatsoever for any
modification or discontinuance of the Services.
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24.3 User agrees not to use the Services and ancillary Services
for illegal purposes or for the transmission of material that is
unlawful, harassing, libellous (untrue and damaging to others),
invasive of another's privacy, abusive, threatening, or obscene,
or that infringes the rights of other.
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Force Majeure
If the whole or any part of the performance is prevented, hindered
or delayed by a Force Majeure event (as defined below), Company
shall not be liable for any failure to perform any of its
obligations under these terms and conditions or those applicable
specifically to its Services/facilities, and in such case its
obligations shall be suspended for so long as the Force Majeure
event continues. “Force Majeure Event” means any event, due to any
cause beyond the reasonable control of Company, including without
limitations, unavailability of any communication systems, breach, or
virus in the digital processes or payment or delivery mechanism,
sabotage, fire, flood, explosion, acts of God, pandemics, government
mandated lockdown/quarantine measures, civil commotion, strikes or
industrial action of any kind, riots, insurrection, war, acts of
government, lockdown, computer hacking, unauthorised access to
computer data and storage devices, computer crashes, malfunctioning
in the computer terminal or the systems getting affected by any
malicious, destructive or corrupting code or program, mechanical or
technical errors/failures or power shut down, faults or failures in
telecommunication etc.
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Dispute Resolution
Jurisdiction over any suit, action or proceeding seeking to enforce
any provision of, or based on any matter arising out of or in
connection with these Terms or the transactions contemplated hereby
shall lie exclusively with the courts at Hyderabad, Telangana,
India, and the parties hereby consents to the jurisdiction of such
courts (and of the appropriate appellate courts therefrom) in any
such suit, action or proceeding and irrevocably waives, to the
fullest extent permitted by law, any objection which it may now or
hereafter have to the laying of the venue of any such suit, action
or proceeding in any such court or that any such suit, action or
proceeding which is brought in any such court has been brought in an
inconvenient forum.
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Entire Agreement
These Terms, together with the other guidelines, rules, terms,
conditions and/or policies of the Platform, including the Privacy
Policy and any other arrangement/agreement in relation the Services,
constitute the entire agreement between the user and the
Company/Platform and supersede all previous agreements, promises,
proposals, representations, understandings and negotiations, whether
written or oral, between the user and the Company/Platform
pertaining to the subject matter hereof.
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Survival
Notwithstanding the termination or rescission of this Agreement, the
provisions of this Agreement shall continue to apply to those duties
and obligations which are intended to survive any such cancellation,
termination or rescission, including, without limitation clauses
related to Limitation of liability and Indemnity, Disclaimer of
Warranty, Intellectual Property Rights , Confidentiality, Dispute
Resolution, Governing Law and Jurisdiction. Further any provisions
of this Agreement which by implication are to survive the
termination of this Agreement shall survive such termination.
Termination of the Agreement shall not abate the causes of action
that have accrued to the Parties prior to such termination.
“All content on this website, including but not limited to text,
images, graphics, and other materials, is protected by the Copyright
Act, 1957. The copyright for this content is owned by Monster.com
(India) Private Limited unless otherwise stated. Visitors to this
website are granted a limited license to view, download, and print the
content for personal, non-commercial use only. Any unauthorized
reproduction, distribution, or modification of the content is strictly
prohibited and shall be construed as infringement under the Copyright
Act, 1957 . Monster.com (India) Private Limited reserves right to take
action as and when made aware of such infringement.”