Terms and Condition

Terms of Service – Candidate

iRecruter – Intelligent Recruiter Application has been developed and operated by Appinezz IN Technologies Pvt. Ltd. (the “Company”). It is provided to you i.e. the User who downloads the iRecruter – Intelligent Recruiter Application (“iRecruter App”) of the Company for utilizing the services provided by the Company. By downloading or using the iRecruter App, the following terms will automatically apply to the Users. The Users shall read them carefully before using the iRecruter App. The Terms of Service shall take effect from the date on which the Users download, access and/or utilize the iRecruter App on their device.

The Company’s software and its related services (“Service”) are subject to the Users’ compliance with the terms and conditions (“Terms of Service”) set forth below. Use includes loading, installing, using or executing the Service. By using any part or whole of the Services, the User indicates agreement and acceptance to the following terms and conditions and disclaimers as an express agreement between the Company and the Users. If the User does not understand these terms, conditions, and disclaimers, or does not agree to and accept them, then the User may not use or view any part or whole of the Services.

1. Change to Terms of Service
The Company reserves the right to change, amend, add, update and modify the
Terms of Service at any time without notice. In near future new features may be added to the Service which shall be subject to the Terms of Service. The Users shall be responsible for regularly reviewing these Terms of Service to obtain timely notice of such changes. Users’ continued use of the iRecruter App after changes are posted constitutes their acceptance of the amended Terms of Service. Violation of any part of the Terms of Service will result in termination of the Users’ account.

2. Sign-Up
Users may be requested to register and login on the iRecruter App by providing the details required and register an account in order to use the iRecruter App. In creating an account, the Users agree to:

(i) Provide honest, accurate, current and complete information regarding
themselves,

(ii) Keep all information updated and accurate,

(iii) Notify the Company if they discover or suspect that their account has been hacked or its security is breached, and

(iv) Users agree to comply at all times with any instructions for use of the App, which the Company makes from time to time.

Users also agree to take responsibility for all activities on or under the account registered in their name and they accept all risks for any unauthorized use of their account.

3. Use of the iRecruter App
To utilize the Services of the Company via the iRecruter App, the Users require Internet connectivity. The Company shall not have the responsibility or liability for any telephone, internet or other costs incurred by the Users for the utilization of the iRecruter App.

The Company controls and operates the iRecruter App from within India and across the world.

4. License to use the Software
The software and the services provided through the iRecruter App are owned by the Company. The Company confers no title or ownership in the software or the services The Company gives the User a personal, royalty-free, non-assignable, non-exclusive and limited sub-license to use the software that is provided to the User by the Company for personal use only. This license is for the sole purpose of enabling the User to use and enjoy the benefit of the Services as provided by the Company, in the manner permitted by these Terms of Service and as per law. This license does not include any resale or commercial use of this App or its contents; any collection and use of any descriptions or information on the App; any derivative use of this App or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This App or any portion of the App may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. The Users may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of this or of the Company and its affiliates without express written consent. The Users may not use any meta tags or any other “hidden text” utilizing iRecruter App’s or Company’s name or trademarks without the express written consent of the Company. Any unauthorized use terminates the permission or license granted by the Company.

5. Use by Minors
The iRecruter App shall not be used by minors. The App is directed only to individuals who are permitted to legally enter into contracts in India and other countries and those who do not require consent from their natural/legal guardian to do so. The Company has hereby cautioned all Users of the same. However, if the iRecruter App is used by minors irrespective of such caution by the Company, then the Company shall not be responsible for any claims from any authorities/third parties regarding the same.

6. Content
Users shall not in any way use the iRecruter App or submit to the App anything
which in any respect is:

(i) In breach of any law in India,
(ii) Fraudulent, criminal or unlawful,
(iii) Inaccurate or out-of-date,
(iv) Obscene, indecent, harassing, libelous, abusive, vulgar, profane, racist,
discriminatory, offensive, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, defamatory, untrue or political, or otherwise
unlawful,
(v) Impersonates any other person or misrepresents a relationship with any
person,
(vi) Transmitting material that encourages conduct that constitutes a criminal
offence or results in civil liability or otherwise breaches any relevant laws,
regulations or code of practice.
(vii) Gaining unauthorized access to other computer systems.
(viii) Interfering or disrupting networks or websites connected to the App.
(ix) An infringement or breach of the intellectual property rights or privacy or other rights of the Company or any third party,
(x) Making, transmitting or storing electronic copies of materials protected by
copyright without the permission of the owner.
(xi) Contrary to the interests of the Company, or
(xii) Contrary to any specific rule or requirement that the Company stipulates on the App in relation to a particular part of the App or the App in general.

6.1 Grant of Rights to Content
Even though, as between the Company and Users, the Users own all Content they post to the Services, Users grant to the Company for purposes of providing the Services an irrevocable, nonexclusive, worldwide, royalty-free, sub licensable and transferable right and license to use, reproduce, modify, analyze, create derivative works of, distribute, publicly perform and publicly display the Users’ Content on and through the Services, in any media now existing or hereafter created.
If Users post Content on or through the Services, they represent and warrant to the Company that:
i. As between the Users and the Company, the Users are responsible for all
Content posted to the Services;
ii. The Users have the right to post Content and to grant to the Company all rights granted herein and the Company’s use of the Content will not violate or infringe the rights of any third party;
iii. The Content is Users’ own original work, or the Users’ own or have acquired, all necessary rights to post and disclose the Content;
iv. The Content is true, accurate and complete;
v. The Content is not unlawful, threatening, abusive, harassing, defamatory,
libelous, deceptive, fraudulent, invasive of another’s privacy, or impersonate another person;
vi. The Content complies with the provisions of the Information Technology Act, 2000 and all rules and regulations made thereunder and similar laws in force in other countries;
vii. The Content complies with all applicable laws in India and other countries
(including without limitation applicable employment laws and human rights-based laws) and does not victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; and
viii. The Users’ disclosure of the Content does not violate a confidential relationship with any third party, establish a confidential relationship with the Company or any of its affiliates or suppliers or obligate the Company or any of its affiliates or suppliers to treat the Users’ Content as secret or confidential.

6.2 Users’ Responsibility for their Content
Notwithstanding anything to the contrary herein, Users are responsible for all Content they create, make available or post to the Services, and the Company does not assume any responsibility thereof. Users may expose themselves to liability if, for example and without limitation, their Content contains material that is: (i) false, intentionally misleading, or defamatory; (ii) violates any third-party right; (iii) multiple resumes of the same User using same or different accounts (iv) contains material that is unlawful, including illegal hate speech or pornography; (v) exploits or otherwise harms minors; or (vi) violates or advocates the violation of any law or regulation. Accordingly, the Users
agree that any and all Content shall comply with these Terms of Service and any policies and guidelines that may be posted by the Company from time to time. In addition, the Users agree, without limitation, not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following (“Objectionable Content”):
i. Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
ii. Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, provincial national or international law, including, without limitation, securities regulations;
iii. Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
iv. Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
v. Unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;
vi. Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
vii. Viruses, corrupted data or other harmful, disruptive or destructive files; or
Content, in the sole judgment of the Company: (a) violates the previous subsections herein; (b) is objectionable; (c) which restricts or inhibits any other person from using or enjoying the Services; or (d) which may expose the Company, its suppliers and each of their affiliates, or its users to any harm or liability of any type.

6.3 Preservation of Content
The Company may preserve the Users’ Content and may also disclose such Content, with or without notice to the User, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that the Users’ Content violates the rights of any third party; or (d) protect the rights, property, or personal safety of the Company, its users and the public.

6.4 Other Users’ Content
Content posted by other Users on or through the Service belongs to the person who posts such Content. Except as expressly permitted in these Terms of Service, the Users do not have the right to use, reproduce, create derivative works of, distribute, publicly perform or publicly display any Content that does not belong to them, other than viewing of the Content on or through the Services as the Company may make available.

7. Confidentiality
The Users understand that posting Content on or through the Services is entirely voluntary and the Company may expose their Content to public display in a nonconfidential manner. Further, the Users understand that the Company and its Clients may view the Users’ Content including Users’ conversation and videos with the Company/Client/s for the purpose of this Agreement.
Each party agrees to: (a) use the Confidential Information of the other party only for the purposes described and as permitted herein; and (b) restrict access to the Confidential Information to such of its personnel, agents, and/or consultants, if any, who have a need to have access and who have been advised of and have agreed in writing or are otherwise bound to treat such information in accordance with the terms of this Agreement. The foregoing provision will not apply to Confidential Information that (a) is publicly available or in the public domain at the time disclosed; (b) is or becomes publicly available or enters the public domain through no fault of the recipient; (c) is rightfully communicated to the recipient by persons not bound by confidentiality obligations with respect thereto; (d) is already in the recipient’s possession free of any confidentiality obligations with respect thereto at the time of disclosure; (e) is independently developed by the recipient; or (f) is approved for release or disclosure by the disclosing party without restriction. Notwithstanding the foregoing, each party may disclose Confidential Information to the limited extent required (1) in -order to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that the party making the disclosure pursuant to the order will first have given written notice to the other party and made a reasonable effort to obtain a protective order; or (2) to establish a party’s rights under this Agreement, including to make such court filings as it may be required to do.
“Confidential Information” for the purpose of this Agreement means any non-public material or information relating to a party which it discloses or makes available to the other party under the Agreement that such disclosing party treats as proprietary or confidential, unless otherwise set forth herein.

8. Damaging the iRecruter App
Users agree not to access without authority, interfere with, damage or disrupt:
(i) Any part of the App,
(ii) Any equipment or network on which the App is stored,
(iii) Any software used in the provision of the App, or
(iv) Any equipment or network or software owned or used by any third party.

9. Privacy
As part of the registration process on the iRecruter App, the Company may collect the following personally identifiable information about the User: Name including first and last name, email address, mobile phone number and contact details, Postal code. Additionally, the Company may record the conversations and videos of the Users with the Company/Client for the purpose of this Agreement, and information about the pages on the App the Users visit/access, the links that the Users click on the App, the number of times the Users access the page and any such browsing information, which is used and disclosed in accordance to the terms set out in the Privacy Policy. The Company may use third parties in some occurrences to offer technical support. In such cases, the Company only gives them access to the information needed to do their job, and the Company requires that they abide by the Company’s Privacy Policy.
The Users agree that their details may be used by the Company to get in touch with them from time to time on job offers, promotions, updates etc. SMS Services shall be provided through the mobile number entered by the User. It shall be subject to guidelines/directions of the Telecom Regulatory Authority of India (TRAI). Users may choose to opt-out of the SMS facility by changing their settings.

10. Taxes
The Users shall solely be responsible for any and all duties, taxes, levies or fees
imposed, if any, on or in connection with the iRecruter App by any authority, without any liability to the Company

11. Information on the iRecruter App
Commentary and other materials on the iRecruter App are not intended to amount to advice on which reliance should be placed. The Company shall not be liable for any claims arising from any reliance placed on such materials by any User of the iRecruter App, or by anyone who may be informed of any of its contents.

Users assume sole responsibility for results obtained from the use of the iRecruter App and for conclusions drawn from such use. The Company shall not be liable for any damage caused by errors or omissions in any information, instructions or scripts provided by the Users to the Company in connection with the App, or any actions taken by the Company at the Users’ direction.

12. Availability, Security and Accuracy of the iRecruter App
The Company makes no warranty that access to the iRecruter App will be uninterrupted, timely or error-free. In addition, the Company may occasionally need to carry out repairs, maintenance or introduce some new features and functions and the Company shall not entertain any claims arising from the aforesaid.
Access to the iRecruter App may be suspended to or withdrawn from the Users personally or generally either temporarily or permanently at any time and without notice. The Company may also impose restrictions on the length and manner of usage of any part of the iRecruter App for any reason, within its discretion.
The Company does not warrant that the iRecruter App will be compatible with all hardware and software which the Users may use. The Company shall not be liable for damages to or viruses and other code that may affect any equipment, software, data or other property as a result of the Users’ access to or use of the App or obtaining any material from the App. The Company shall not be liable for the actions of third parties.
The Company may change or update the iRecruter App and anything described in it without notice to the Users. If the need arises, the Company may suspend access to the App or close it indefinitely.

13. Users Agree and Confirm

That the Users will use the services provided by the Company, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using and transacting on the iRecruter App.

The User will provide authentic and true information in all instances where such information is requested of the User. The Company reserves the right to confirm and validate the information and other details provided by the User at any point of time. If upon confirmation, the Users’ details are found not to be true (wholly or partly), the Company has the right in its sole discretion to reject the registration and debar the User from using the Services on the iRecruter App and / or other affiliated websites without prior intimation whatsoever.

That the Users are accessing the services available on this App and transacting at the Users’ sole risk and are using their best and prudent judgment before entering into any transaction through this App.

That the Company gives no guarantee that the User shall get recruited as the recruitment will be based on the individual Client’s candidate requirement.

14. Limitation of Liability

The Company shall not be liable for any claims, demands and damages of any kind arising from the Users’ use of or inability to use the iRecruter App. The Company shall not be responsible for any claims, demands and damages of any kind arising out of or in any way connected with any disputes arising between the Users and third parties or among different Users or the Users’ inability to procure a job through the iRecruter App.

The Users assume all responsibility and risk with respect to their use of the iRecruter App. Users agree and understand that, to the fullest extent permitted by law, the Company disclaims all warranties, representations and endorsements either express or implied with regard to the iRecruter App. If information provided by Users is misleading or incorrect, the Company shall not be liable for the same and there shall be no such claims against the Company in the said regard.

The Users agree not to reproduce, duplicate, copy or re-sell the iRecruter App or any part thereof except as may be permitted by these Terms of Service. Any such unauthorized use of the iRecruter App by the Users will make them liable to pay the Company damages.

In no event shall the Company or its clients be liable to the Users for any consequential, special, incidental or indirect damages of any kind arising out of the performance or use of the services, even if the Company has been advised of the possibility of such damages. In no event will the Company’s liability for any claim, whether in contract, tort or any other theory of liability, exceed the fee paid by the User, if any.

In case of Force Majeure beyond the control of the Company such as the iRecruter App, or any software related to that, being hacked by third parties, network issues, etc., the Company shall not be held responsible for any claims from the Users.

The Company disclaims any liability for any information that may have become outdated since the last time the particular piece of information was updated on the iRecruter App.

The Company has no responsibility or liability for the actions of any User. All reviews, comments, etc. posted by the Users on the social media platforms of the Company or elsewhere are the sole responsibility of the Users and the Company shall not entertain any such claims against the Company.

The Company shall not be responsible in the event of any third party claim that the iRecruter App or the possession and use of the App by any User infringes such third party’s intellectual property rights.

The Users represent and warrant that their use of the iRecruter App will strictly be in accordance with these Terms of Service and with all applicable laws in India regarding online conduct and acceptable content. The Company shall not be held responsible for the same. The User further agrees that this is a binding agreement between the Company and the User and that the User is legally competent to accept these Terms of Service, as per laws of India.

15. Indemnification
The User agrees to indemnify the Company against any and all losses, expenses, damages and costs resulting from the use of the iRecruter App not in accordance with these Terms of Service and/or any violation of these Terms of Service. The Company has the right to assume the exclusive defense and control of any demand, claim or action arising herein or in connection with the iRecruter App and all negotiations for settlement or compromise. The User agrees to fully cooperate with the Company in the defense of any such negotiations as requested by the Company.

16. Intellectual Property Rights

The Company retains all right, title and interest, including without limitation to the intellectual property rights upon and relating to the iRecruter App, including but not limited to, all software, technology, documents, products, logos, graphic, sounds, images, information, content materials, guidelines and documentation. The Users will not acquire any title, right or interest therein, except for the limited use rights expressly set forth in these Terms of Service. Any rights that the Company does not expressly grant herein are deemed withheld. It is clearly and well understood by and between the parties that the Company is in no way transferring or assigning its proprietary rights of the iRecruter App to the Users or any other party and it shall remain the exclusive property of the Company. The Company reserves the right, at its sole discretion, to modify, change, update and/or enhance the iRecruter App. The Company also reserves the right, in its sole discretion and at any time, to terminate the Users’ access to the iRecruter App and/or any of its services without liability to the Users or any third party.

The Users shall not modify the paper or digital copies of any materials from the iRecruter App in any way. None of the materials present on the App shall be used for commercial purposes by the Users without obtaining a license from the Company to do so. If Users print, copy or download material from the App in breach of these Terms of Service, their right to use the App will cease immediately and they shall, at the Company’s option, return or destroy such copies of the materials they made.

17. Third Party Websites

The Users must comply with any applicable third party terms of agreement when using the iRecruter App (for example, Users must ensure that the use of the App is not in violation of their mobile device agreement or any wireless data service agreement).

The Company has no control over and accepts no responsibility for the content of any third party links from the iRecruter App. The linked websites or mobile applications are provided for the Users’ convenience without any warranty, express or implied, for the information provided within them. The Company does not provide any endorsement or recommendation of any link of a third party website or mobile application. The terms and conditions, terms of use and privacy policies of those third party website or mobile applications will apply to the Users. The Company shall not be liable for any queries, concerns or complaints about such third party website or mobile applications. It is the Users’ responsibility to take precautions to ensure that whatever is selected for use is free of viruses or other items of a destructive nature.

18. Severability
In the event of invalidity of any provision of this Terms of Service, the parties agree that such invalidity shall not affect the validity of the remaining portions of this Terms of Service.

19. Termination
This service will terminate automatically, without notice from the Company, if the User fails to comply with the Terms of Service Agreement. Upon termination, the User shall  immediately discontinue use of the Services and destroy all copies of the Services. All payments made by recipient are non-refundable (if any). Notwithstanding termination, the following provisions shall survive: Users’ Warranty, Confidentiality and Limitation of Liability. All other rights granted under this service will cease upon termination.

20. Waiver
The failure of either party to insist upon a strict performance of any of the terms or provisions herein or to exercise option, right or remedy herein contained, shall not in future be construed as waiver or a relinquishment of such terms, provisions, option, right or remedy, but the same shall continue and remain in full force and effect. No waiver by either party of any term or provision hereof shall be deemed to have been made unless expressed in writing and signed by such party.

21. Amendment
No amendment or other variation of these Terms of Service shall be effective unless it is in writing, is dated, expressly refers to these Terms of Service and is duly signed by the Company.

22. Assignment
The Users shall not be permitted to assign/transfer or purport to assign/transfer the contract between the Company and the Users to any other person.

The Company may assign its rights and obligations under these Terms of Service, in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of the Company’s business, assets or stock (including in connection with any bankruptcy or similar proceedings). Upon such assignment, the Company shall be relieved of any further obligation under these Terms of Service.

23. Governing Law, Dispute Settlement and Jurisdiction
This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Bangalore shall have exclusive jurisdiction in any proceedings arising out of this agreement. Any dispute or difference either in interpretation or otherwise, of any terms of this Terms of Service between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by the Company and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Bangalore – Karnataka. The  High Court of Judicature at Bangalore – Karnataka alone shall have the jurisdiction and
the Laws of India shall apply.

24. Reviews, Feedback, Submissions

All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to the iRecruter App on or by this App or otherwise disclosed, submitted or offered in connection with the Users’ of this App (collectively, the “Comments”) shall be and remain the property of the Company. Such disclosure, submission or offer of any Comments shall constitute an assignment to the Company of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, the Company owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. The Company will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments Users submit for any purpose whatsoever, without restriction and without compensating the Users in any way. The Company is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay the Users any compensation for any Comments; or (3) to respond to any Comments. The Users agree that any Comments submitted by them on the iRecruter App will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. The Users further agree that no Comments submitted by them to the iRecruter App will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.

The Company does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the iRecruter App. The Users grant the Company the right to use the name that the Users submit in connection with any Comments. The Users agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments they submit. The Users are and shall remain solely responsible for the content of any Comments made and agree to indemnify the Company and its affiliates for all claims resulting from any Comments submitted. The Company and its affiliates take no responsibility and assume no liability for any Comments submitted by the Users or any third party.

25. Miscellaneous
These Terms of Service (and the Privacy Policy of the Company along with any other terms and conditions specified by the Company, such as those sent via email, etc.)  contain all the terms agreed between the Parties regarding the iRecruter App and its use and supersedes and excludes any prior terms and conditions between the Parties. If Users choose, or are provided with, a User identification code, password or any other piece of information as part of the Company security procedures, the Users must treat such information as confidential and must not disclose it to any third party. The Company has the right to disable any User identification code or password, whether chosen by the Users or allocated to them by the Company, at any time, if in the Company’s opinion Users have failed to comply with any of the provisions of these Terms of Service.

Terms of Service – Client

iRecruter – Intelligent Recruiter Application has been developed and operated by Appinezz IN Technologies Pvt. Ltd. (the “Company”). It is provided to you i.e. the “Client” who downloads the iRecruter – Intelligent Recruiter Application (“iRecruter App”) of the Company for utilizing the services provided by the Company to hire suitable candidate/s (“Services”). These Terms of Service between the Company and the Client and all other authorised persons of the Client (collectively called the “Users”) sets out the terms and conditions applicable to the Users while using the Services provided by the Company.

Use includes loading, installing, using or executing the Service. By using any part or whole of the Services, the Users indicate agreement and acceptance to the following terms and conditions and disclaimers as an express agreement between the Company and the Users. If the User does not understand these terms, conditions, and disclaimers, or does not agree to and accept them, then the User may not use or view any part or whole of the Services.

1. Change to Terms of Service
The Company reserves the right to change, amend, add, update and modify the Terms of Service at any time without notice. In near future, new features may be added to the Service which shall be subject to the Terms of Service. The Users shall be responsible for regularly reviewing these Terms of Service to obtain timely notice of such changes. Users’ continued use of the iRecruter App after changes are posted constitutes their acceptance of the amended Terms of Service. Violation of any part of the Terms of Service will result in termination of the Users’ account. The Company reserves the right to change, amend, add, update and modify the Terms of Service at any time without notice. In near future, new features may be added to the Service which shall be subject to the Terms of Service. The Users shall be responsible for regularly reviewing these Terms of Service to obtain timely notice of such changes. Users’ continued use of the iRecruter App after changes are posted constitutes their acceptance of the amended Terms of Service. Violation of any part of the Terms of Service will result in termination of the Users’ account.

2. Sign-Up/Sign-in
Users may be requested to register and login on the iRecruter App by providing the details required and register an account in order to use the iRecruter App. In creating an account, the Users agree to:
(i) Provide honest, accurate, current and complete information regarding
themselves,
(ii) Keep all information updated and accurate,
(iii) Notify the Company if they discover or suspect that their account has been
hacked or its security is breached, and
(iv) Users agree to comply at all times with any instructions for use of the App,
which the Company makes from time to time.
Users also agree to take responsibility for all activities on or under the account
registered in their name and they accept all risks for any unauthorized use of their account.

3. Subscription Fees/Invoice and Payment
3.1 The fees for the Services provided by the Company shall be at the rate mentioned in the invoice or as prescribed by the Company from time to time.
3.2 The Users have to pay the subscription fees in the invoice before availing the Services.
3.3 All fees will be non-refundable once paid to the Company (including upon any termination or suspension of this Agreement).

Use includes loading, installing, using or executing the Service. By using any part or whole of the Services, the Users indicate agreement and acceptance to the following terms and conditions and disclaimers as an express agreement between the Company and the Users. If the User does not understand these terms, conditions, and disclaimers, or does not agree to and accept them, then the User may not use or view any part or whole of the Services.

4. Taxes
The Users shall solely be responsible for any and all duties, taxes, levies or fees imposed on or in connection with the iRecruter App by any authority, without any liability to the Company.

5. Access Grant and Restrictions
5.1 The software and the services provided through the iRecruter App are owned by the Company. The Company confers no title or ownership in the software or the services. Subject to the terms and conditions of the Agreement, the Company grants the Users a worldwide, non-exclusive, non-transferable right to permit Users to do the following solely for the purposes of locating and hiring potential employees for the Users: (a) access the features and functions of the Services solely for the Users’ internal business purposes during the Term; and (b) view, download, reproduce, and print job & candidate content made available to the Users through the Services. The Client shall undertake reasonable efforts to make all Users aware of the provisions of this Section 5. The Company may suspend access for any User who violates this Agreement, provided that such violation is not cured within thirty (30) days of Client receiving written notice thereof.
5.2 Client agrees that Client will not: (a) permit any third party to access and/or use the Service, other than the Users authorized under the Agreement (b) rent, lease, loan, or  sell access to the Services to any third party; (c) interfere with, disrupt, alter, translate, or modify the Services or any part thereof, or create an undue burden on the Services or the networks or services connected to the Service (d) reverse engineer, decompile, disassemble or otherwise attempt to obtain or perceive the source code from which any
software component of the Services are compiled or interpreted, and Client
acknowledges that nothing in this Agreement will be construed to grant Client any right to obtain or use such code; (e) access the Services in order to build or create a derivative, competitive or similar product or service or copy any ideas, features, functions or graphics of the Services; or (f) introduce software or automated agents or scripts to the Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip or mine data from the Services.
5.3 The Users agree not to attempt to access any of the Services by any means other than through the interface that is provided by the Company nor to engage in any activity that interferes with or disrupts the Services or infringes on the Company’s and/or its 3rd party vendors’ brand or intellectual property. The Users will use the Services and all candidate content in conformance with all applicable laws. In addition, the Users agree not to use, or encourage or permit others to use, the Services to: (a) stalk and/or harass another; (b) harm minors in any way; (c) impersonate any person or entity, or falsely state or otherwise misrepresent User’s affiliation with a person or entity; (d) forge headers or otherwise manipulate identifiers to disguise the origin of any Content posted on or transmitted through the Service; (e) use the Services or Content such that it will mislead a third party into believing that he or she is interacting directly with the Company or the Service; (f) engage in any chain letters contests, junk email, pyramid schemes, spamming, surveys or other duplicative or unsolicited messages (commercial or otherwise); (g) access or use the Services in any manner that could damage, disable, overburden or impair any Company server or the networks connected to any of the Company’s server; (h) harvest, collect, gather or assemble information or data regarding other users without their consent; or (i) market any goods or services for any business purposes (including advertising and making offers to buy or sell goods or services), unless specifically allowed to do so by the Company.

6. Use by Minors
The iRecruter App shall not be used by minors. The App is directed only to individuals who are permitted to legally enter into contracts in India and other countries and those who do not require consent from their natural/legal guardian to do so. The Company has hereby cautioned all Users of the same. However, if the iRecruter App is used by minors irrespective of such caution by the Company, then the Company shall not be responsible for any claims from any authorities/third parties regarding the same.

7. Content
Users shall not in any way use the iRecruter App or submit to the App anything
which in any respect is:
(i) In breach of any law in India or any other law in force in any other
country,
(ii) Fraudulent, criminal or unlawful,
(iii) Inaccurate or out-of-date,
(iv) Obscene, indecent, harassing, libelous, abusive, vulgar, profane, racist,
discriminatory, offensive, harmful, harassing, threatening, embarrassing,
malicious, abusive, hateful, defamatory, untrue or political, or otherwise
unlawful,
(v) Impersonates any other person or misrepresents a relationship with any
person,
(vi) Transmitting material that encourages conduct that constitutes a criminal
offence or results in civil liability or otherwise breaches any relevant laws,
regulations or code of practice.
(vii) Gaining unauthorized access to other computer systems.
(viii) Interfering or disrupting networks or websites connected to the App.
(ix) An infringement or breach of the intellectual property rights or privacy or
other rights of the Company or any third party,
(x) Making, transmitting or storing electronic copies of materials protected by
copyright without the permission of the owner.
(xi) Contrary to the interests of the Company, or
(xii) Contrary to any specific rule or requirement that the Company stipulates on the App in relation to a particular part of the App or the App in general.

7.1 Grant of Rights to Content
The Company grants the Users the right to (a) access the features and functions of the Services solely for Client’s internal business purposes during the Term; and (b) view, download, reproduce, and print job & Candidate Content made available to the User through the Services.  If Users post Content on or through the Services, they represent and warrant to the
Company that:
i. As between the Users and the Company, the Users are responsible for all
Content posted to the Services;
ii. All licenses and permits necessary for listing jobs on the iRecruiter App have
been obtained.
ii. The jobs posted by the User are genuine and in existence and that the User has the right or authority to display such jobs and the content and description is true, accurate and complete.
iii. No fee shall be charged by the User from any person who responds to the jobs displayed on the iRecruter App.
v. The Content is not unlawful, threatening, abusive, harassing, defamatory,
libelous, deceptive, fraudulent, invasive of another’s privacy, or impersonate another person;
vi. The Content complies with the provisions of the Information Technology Act, 2000 and all rules and regulations made thereunder and similar laws in force in any other country;
vii. The Client has complied with all requirements under the Information
Technology Act, 2000 and all rules, regulations, notifications etc.,
viii. The User shall promptly pay the subscription fees to the company as and when it becomes payable.
ix. The Content complies with all applicable laws in India and other countries
(including without limitation applicable employment laws and human rights-based laws) and does not victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; and
x. The Users’ disclosure of the Content does not violate a confidential relationship with any third party, establish a confidential relationship with the Company or any of its affiliates or suppliers or obligate the Company or any of its affiliates or suppliers to treat the Users’ Content as secret or confidential.

7.2 Client Content
Client grants the Company a non-exclusive, worldwide, royalty-free and fully paid license to: (a) use, reformat, display, modify and create derivative works of the Client’s content solely for the purpose of and to the extent necessary to provide the Services hereunder to Client (including, where applicable, sharing and providing such Client Content with Candidates & Employees); and (b) use Client’s trademarks, service marks, and logos to provide the Services to Client and the Candidates as set forth hereunder. All rights in and to the Client Content not expressly granted to the Company in this Agreement are reserved by Client. As between the Parties, Client retains all right, title and interest in and to the Client content and the Company acknowledges that it neither
owns nor acquires any additional rights in and to the client content not expressly granted by this Agreement. The Company further acknowledges that Client retains the right to use the Client content for any purpose in Client’s sole discretion.
Client shall be responsible for and assumes the risk, responsibility and expense of: (i) any problems resulting from, the accuracy, quality, integrity, legality, reliability, and appropriateness of all such client content; and (ii) acquiring, installing and maintaining all connectivity equipment, hardware, software and other equipment as may be necessary for it and its Users to connect to, access, and use the Service.
As a Prospective Recruiter or Professional Recruiter, the Client will have access to the Content from prospective recruits until such Client is subscribed with iRecruter App. However, the Company will retain such content, for up to a maximum of one (1) year, after which it shall be deleted from the iRecruter App.

7.3 Users’ Responsibility for their Content
Notwithstanding anything to the contrary herein, Users are responsible for all Content they create, make available or post to the Services, and the Company does not assume any responsibility thereof. Users may expose themselves to liability if, for example and without limitation, their Content contains material that is: (i) false, intentionally misleading, or defamatory; (ii) violates any third-party right; (iii) contains false information regarding the Client’s professional background or the position being offered (iv) contains material that is unlawful, including illegal hate speech or pornography; (v) exploits or otherwise harms minors; or (vi) violates or advocates the violation of any law or regulation. Accordingly, the Users agree that any and all Content shall comply with these Terms of Service and any policies and guidelines that may be posted by the Company from time to time. In addition, the Users agree, without limitation, not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following (“Objectionable Content”):
i. Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
ii. Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, provincial national or international law, including, without limitation, securities regulations;
iii. Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
iv. Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
v. Unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;
vi. Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
vii. Viruses, corrupted data or other harmful, disruptive or destructive files; or
content that, in the sole judgment of the Company: (a) violates the previous subsections herein; (b) is objectionable; (c) which restricts or inhibits any other person from using or enjoying the Services; or (d) which may expose the Company, its suppliers and each of their affiliates, or its users to any harm or liability of any type.

7.4 Preservation of Content
The Company may preserve the Users’ Content and may also disclose such Content, with or without notice to the User, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that the Users’ Content violates the rights of any third party; or (d) protect the rights, property, or personal safety of the Company, its users and the public.

7.5 Other Users Content
Content posted by other Users on or through the Services belongs to the person who posts such Content. Except as expressly permitted in these Terms of Service, the Users do not have the right to use, reproduce, create derivative works of, distribute, publicly perform or publicly display any Content that does not belong to them, other than  viewing of the Content on or through the Services as the Company may make available.

8. Damaging the iRecruter App
Users agree not to access without authority, interfere with, damage or disrupt:
(i) Any part of the App,
(ii) Any equipment or network on which the App is stored,
(iii) Any software used in the provision of the App, or
(iv) Any equipment or network or software owned or used by any third party.

9. Confidentiality
The Users understand that posting Content on or through the Services is entirely voluntary and the Company may expose their Content to public display in a nonconfidential manner. The Users understand that the Company and its Clients may view the Users’ Content and may develop or have developed Content which is identical or similar to the Users.
The Users will make commercially reasonable efforts to ensure that the unique
username and password issued to them will be used only by that User. The User is responsible for making commercially reasonable efforts to maintain the
confidentiality of the Users’ usernames and passwords. The Users agree that (a) other than third parties who are authorized, not to allow a third party to use Users’ account, usernames or passwords at any time; and (b) to notify the Company promptly of any actual or suspected unauthorized use of the User’s account, usernames or passwords. The Company reserves the right to terminate any username and password, which the Company reasonably determines may have been used by an unauthorized third party or for an unlawful purpose. The Company shall notify Client of any actual or suspected unauthorized use of Client’s account, usernames or passwords.
Each party agrees to: (a) use the Confidential Information of the other party only for the purposes described and as permitted herein; and (b) restrict access to the Confidential Information to such of its personnel, agents, and/or consultants, if any, who have a need to have access and who have been advised of and have agreed in writing or are otherwise bound to treat such information in accordance with the terms of this Agreement. The foregoing provision will not apply to Confidential Information that (a) is publicly available or in the public domain at the time disclosed; (b) is or becomes publicly available or enters the public domain through no fault of the recipient; (c) is rightfully communicated to the recipient by persons not bound by confidentiality obligations with respect thereto; (d) is already in the recipient’s possession free of any confidentiality obligations with respect thereto at the time of disclosure; (e) is independently developed by the recipient; or (f) is approved for release or disclosure by the disclosing party without restriction. Notwithstanding the foregoing, each party may disclose Confidential Information to the limited extent required (1) in order to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that the party making the disclosure pursuant to the order will first have given written notice to the other party and made a reasonable effort to obtain a protective order; or (2) to establish a party’s rights under this Agreement, including to make such court filings as it may be required to do.
Confidential Information” for the purpose of this Agreement means any non-public material or information relating to a party which it discloses or makes available to the other party under the Agreement that such disclosing party treats as proprietary or confidential, unless otherwise set forth herein.

10. Privacy
As part of the registration process on the iRecruter App, the Company may collect the following personally identifiable information about the User: Name including first and last name, email address, mobile phone number and contact details, Postal code, and information about the pages on the iRecruter App the Users visit/access, the links that the Users click on the iRecruter App, the number of times the Users access the page and any such browsing information, which is used and disclosed in accordance to the terms set out in the Privacy Policy. The Company may use third parties in some occurrences to offer technical support. In such cases, the Company only gives them access to the information needed to do their job, and the Company requires that they abide by the Company’s Privacy Policy.
The Users agree that their details may be used by the Company to get in touch with them from time to time on job applications, promotions, updates etc. SMS Services shall be provided through the mobile number entered by the User. It shall be subject to guidelines/directions of the Telecom Regulatory Authority of India (TRAI). Users may choose to opt-out of the SMS facility by changing their settings.

11. Information on the iRecruter App
Commentary and other materials on the iRecruter App are not intended to amount to advice on which reliance should be placed. The Company shall not be liable for any claims arising from any reliance placed on such materials by any User of the iRecruter App, or by anyone who may be informed of any of its contents.
Users assume sole responsibility for results obtained from the use of the iRecruter App and for conclusions drawn from such use. The Company shall not be liable for any damage caused by errors or omissions in any information, instructions or scripts provided by the Users to the Company in connection with the iRecruter App, or any actions taken by the Company at the Users’ direction.

12. Users Agree and Confirm
That the Users will use the Services provided by the Company, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using and transacting on the iRecruter App.
The User will provide authentic and true information in all instances where such information is requested of the User. The Company reserves the right to confirm and validate the information and other details provided by the User at any point of time. If upon confirmation, the Users’ details are found not to be true (wholly or partly), the Company has the right in its sole discretion to reject the registration and debar the User from using the Services on the iRecruter App and / or other affiliated websites without prior intimation whatsoever.
That the Users are accessing the Services available on this App and transacting at the Users’ sole risk and are using their best and prudent judgment before entering into any transaction through this App.

That the Client is responsible for updating Client’s data to provide the Company with Client’s most current email address.

13. Limitation of Liability
Except as expressly provided in this Agreement and to the maximum extent permitted by applicable law, all services are provided “as is” and the Company makes no (and hereby disclaims all) other warranties, representations, or conditions whether oral,  express, implied or statutory, including any implied warranties or merchant liability, title, non-infringement, or fitness for a particular purpose, with respect to use, misuse, or inability to use the Service (in whole or in part) or any other services provided to the Client by the Company. Except as expressly set forth in this Agreement, the Company
does not warrant that all errors can be corrected, or that the operation of the Service shall be uninterrupted or error-free.
To the extent legally permitted under the applicable law, except for breach of an obligation of confidentiality herein and except for the parties’ obligations of
indemnification under this Agreement, in no event shall either party be liable to the other party for any special, indirect, incidental or consequential damages, including damages or costs due to loss of profits, data, use or goodwill, personal or property damage resulting from or in connection with this Agreement, regardless of the cause of action or theory of liability, whether in tort, contract, or otherwise, even if such party has been notified of the likelihood of such damages.
Unless otherwise specified, the liability of the Company to the Client under or in relation to the subject matter of this Agreement and related orders shall be on a pro rata basis limited to the amount paid by the Client for the remainder of the current subscription term, regardless of whether such liability arises from a material breach of contract, tort or breach of statutory duty.
In case of Force Majeure beyond the control of the Company such as the iRecruter App, or any software related to that, being hacked by third parties, network issues, etc., the Company shall not be held responsible for any claims from the Users.
The Company disclaims any liability for any information that may have become outdated since the last time the particular piece of information was updated on the iRecruter App.
The Company has no responsibility or liability for the actions of any User. All reviews, comments, etc. posted by the Users on the social media platforms of the Company or elsewhere are the sole responsibility of the Users and the Company shall not entertain any such claims against the Company.
The Company shall not be responsible in the event of any third party claim that the iRecruter App or the possession and use of the App by any User infringes such third party’s intellectual property rights.
The Users represent and warrant that their use of the iRecruter App will strictly be in accordance with these Terms of Service and with all applicable laws in India regarding online conduct and acceptable content. The Company shall not be held responsible for the same.
The parties agree that the limitations of liability set forth in this section shall survive and continue in full force and effect despite any failure of consideration or of an exclusive remedy or termination. The parties acknowledge that the prices have been set and this Agreement entered into in reliance upon these limitations of liability and that all such limitations form an essential basis of the bargain between the parties.

14. Indemnification
The User agrees to indemnify the Company against any and all losses, expenses, damages and costs resulting from the use of the iRecruter App and listing of jobs that are not in accordance with these Terms of Service and/or any violate these Terms of Service and/or any law in force in India. The Company has the right to assume the exclusive defense and control of any demand, claim or action arising herein or in connection with the iRecruter App and all negotiations for settlement or compromise. The User agrees to fully cooperate with the Company in the defense of any such negotiations as requested by the Company.

15. Intellectual Property Rights
The Company retains all right, title and interest, including without limitation to the intellectual property rights upon and relating to the iRecruter App, including but not limited to, proprietary technology, including software, hardware, products, documents, processes, algorithms, user interfaces, know-how, technologies, designs and other tangible or intangible technical material. Users will not acquire any title, right or interest therein, except for the limited use rights expressly set forth in these Terms of Service. Any rights that the Company does not expressly grant herein are deemed withheld. It is clear and well understood by and between the parties that the Company is in no way transferring or assigning its proprietary rights of the iRecruter App to the
Users or any other party and it shall remain the exclusive property of the Company. The Company reserves the right, at its sole discretion, to modify, change, update and/or enhance the iRecruter App. The Company in its sole discretion, may utilize all comments and suggestions, whether written or oral, furnished by Client or Users to the Company with the Services (all such comments and suggestions, collectively, “Feedback”). The Company also reserves the right, in its sole discretion and at any time,  to terminate the Users’ access to the iRecruter App and/or any of its services without liability to the Users or any third party.
The Users shall not modify the paper or digital copies of any materials from the iRecruiter App in any way. None of the materials present on the iRecruter App shall be used for commercial purposes by the Users without obtaining a license from the Company to do so. If Users print, copy or download material from the iRecruter App in breach of these Terms of Service, their right to use the App will cease immediately and they shall, at the Company’s option, return or destroy such copies of the materials they made.

16. Term and Termination
15.1 The Company may terminate this Agreement with immediate effect and without assigning any reason and without prejudice to any/all rights in the following events:
(i) On completion of term for which User engages the services of the Company
(ii) If in the opinion of the Company, the User has breached any of the terms and conditions of this Agreement
(iii) If the User is declared bankrupt or if the user enters into a compromise or
arrangement with its creditors.
(iv) If in the opinion of the Company, it is not in the public interest to continue
providing service to User for any reason.
15.2 Upon termination or expiration of this Agreement for any reason: (a) all rights and subscriptions granted to the User under this Agreement will terminate; (b) Users will immediately cease all use of and access to the Services; (c) The Company may delete, modify and store any of the User’s content/ data. The Company reserves the right to restrict access to the Service for User’s violation of any applicable law.
15.3 If the User fails to pay undisputed amounts in accordance with this Agreement, the Company will have the right, to immediately suspend the provision of the Services to the User without liability to the User until such amounts are paid in full or such breach is cured, as applicable. In the event of any suspension for the purpose of protecting Candidate Content or User Content from unauthorized third party access, the Company shall provide notification in advance to the User and in agreement with the User, the Company may suspend the Service. The Company will commit to re-
activating the Service as quickly as possible assuming the access issues are resolved and will still honor the terms of its Agreement with the User.
15.4 The Company may condition provision or renewal of Services upon payment of past-due fees, subject to the cure period set forth in Section 5.

17. Third Party Websites
The Users must comply with any applicable third party terms of agreement when using the iRecruter App (for example, Users must ensure that the use of the App is not in violation of their mobile device agreement or any wireless data service agreement).
The Company has no control over and accepts no responsibility for the content of any third party links from the iRecruter App. The linked websites or mobile applications are provided for the Users’ convenience without any warranty, express or implied, for the information provided within them. The Company does not provide any endorsement or recommendation of any link of a third party website or mobile application. The terms and conditions, terms of use and privacy policies of those third party website or mobile applications will apply to the Users. The Company shall not be liable for any queries, concerns or complaints about such third party website or mobile applications. It is the
Users’ responsibility to take precautions to ensure that whatever is selected for use is free of viruses or other items of a destructive nature.

18. Professional Services
Client may ask and the Company may provide professional services (“Professional Services”) to assist with the implementation, training and integration of the Services as an add-on service. Ownership of all work products created by the Company as part of the Professional Services will be considered Company Technology.

19. Severability
In the event of invalidity of any provision of this Terms of Service, the parties agree that such invalidity shall not affect the validity of the remaining portions of this Terms of Service.

20. Waiver
The failure of either Party to insist upon a strict performance of any of the terms or provisions herein or to exercise option, right or remedy herein contained, shall not in future be construed as waiver or a relinquishment of such terms, provisions, option, right or remedy, but the same shall continue and remain in full force and effect. No  waiver by either Party of any term or provision hereof shall be deemed to have been made unless expressed in writing and signed by such Party.

21. Amendment
No amendment or other variation of these Terms of Service shall be effective unless it is in writing, is dated, expressly refers to these Terms of Service and is duly signed by the Company.

22. Assignment
The Users shall not be permitted to assign/transfer or purport to assign/transfer the contract between the Company and the Users to any other person.
The Company may assign its rights and obligations under these Terms of Service, in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of the Company’s business, assets or stock (including in connection with any bankruptcy or similar proceedings). Upon such assignment, the Company shall be relieved of any further obligation under these Terms of Service.

23. Governing Law, Dispute Settlement and Jurisdiction
This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Bangalore shall have exclusive jurisdiction in any proceedings arising out of this agreement. Any dispute or difference either in interpretation or otherwise, of any terms of this Terms of Service between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by the Company and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Bangalore – Karnataka. The High Court of judicature at Bangalore – Karnataka alone shall have the jurisdiction and the Laws of India shall apply.

24. Relationship
Client’s relationship to the Company is that of an independent contractor, and neither party is an agent or partner of the other. Client will not have, and will not represent to any third party that it has, any authority to act on behalf of the Company.