This Service Agreement (the “Agreement”) is a legal agreement between you and Recruitiqa. Recruitiqa operates www.recruitiqa.com (“Site/Platform”). These terms of service govern your access to and use of Recruitiqa. website and services, so please read everything carefully. This page explains the terms by which you may use our website, www.recruitiqa.com (“Site/Platform”) and any other mobile or web services or applications owned, controlled, or offered by Recruitiqa. By accessing or using the Sites you signify that you have read, understood, and agree to be bound by these Terms of Service and the associated Privacy Policy (collectively the “Terms” or the “Agreement”). If you do not agree with or accept any of these terms and conditions, you should cease using the Site immediately.
Terms:
These Terms of Service are a contract between you and Recruitiqa. Recruitiqa operates www.recruitiqa.com (“Site/Platform”) and is entered into as of the start date set forth on such Subscription Order or Free Trial (the “Effective Date”). Specific business terms associated with subscription to the Service will be set forth on the Subscription Order or Free Trial (“Customer”). This Agreement is a legally binding contract between the customer listed in the Subscription Order or Free Trial (“Customer”) and Recruitiqa and is effective as long as any Subscription Order or Free Trial remains in effect. This Agreement sets forth the terms under which Customer will be permitted to use the talent sourcing/recruiting services (the “Services”). By accessing this website, you are agreeing to be bound by these Terms, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these Terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trademark law.
- General:
1.1. Recruitiqa reserves the right to amend, change or modify the terms and conditions of this Agreement from time to time without notifying you or Recruitiqa’s policies relating to the Service at any time deemed to be suitable by Recruitiqa. Whenever Recruitiqa changes these Terms, the changes will take effect immediately after Recruitiqa posted the revised Terms (specified by revising the date at the beginning of these Terms) or when Customer accepts if Recruitiqa asks Customer to confirm by email the revised Terms (such as the confirm or agree button). It is your responsibility to check these terms and conditions from time to time to verify such variations.
1.2. These terms and conditions contains the entire understanding and agreement between us and you in relation to your use of the Site and supersedes and replaces any representation, statement or other communication (whether written or otherwise) made by you or us which is not contained herein.
1.3. Should any part of these terms and conditions for any reason be declared invalid or unenforceable by a court of a competent jurisdiction, it shall be deemed to be deleted without affecting the remaining provisions.
- Your Account Terms
2.1. You may not access the Service through automated methods. Use of robots or other computer code which calls the Service, except where explicitly allowed, is absolutely forbidden.
2.2. Each Customer and User (“Seats”) must provide his/her full name, a valid email address, and any other information requested in order to complete the signup process and create a login.
2.3 Each login may only be used by one User. A single login shared by multiple Users is not permitted. You may create separate logins for as many User as your Plan allows.
2.4 You are responsible for maintaining the security of each User’s account and password and you shall procure that each User complies with these Terms. We cannot and will not be liable for any loss or damage from your (or your Users’) failure to comply with these Terms.
2.5 You are responsible for all Data posted and all activity that occurs under your Account (even when Data is posted by others who have accounts under your Account).
2.6 Only one login may be allocated to each User.
2.7 You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any applicable laws (including but not limited to copyright laws).
- Scope of Services
3.1 Access. Subject to all terms and conditions of this Agreement, Recruitiqa will provide, and Customer may access, the Service for Customer’s internal business purposes. On the Free Trial or Subscription Start Date and subject to the terms and conditions contained herein, Recruitiqa shall provide the full access of the employer platform and Service to Customer. Customer will have access to the Recruitiqa’s employer platform which includes all the features provided by Recruitiqa as per the customer’s Subscription Order (“Subscription Plan”) or Free Trial and access is for Customer’s own internal business operations (and not for the benefit or use of a third party). For any of the Recruitiqa’s product/platform features or software underlying the Service, the customer shall not receive or access a copy of the code or receive a copy of the Service itself.
3.2 Users. Customer may have unlimited User accounts (“Seats”) activated for access to the Services at any time as specified in the applicable Subscription Order(s). Customer may add new Users directly from the account. After a user account is added, a customer can assign a role to the user account, which associates the privileges for that role to the account. In addition, a Customer can manage an existing user account, including editing the user profile for the account, deleting the account, blocking or unblocking the account, or assigning a new role to the account.
3.3 Job/Employment Postings. The main usage of the Service by Customer will be to post job/employment opportunities/openings to the Service (“Job/Employment posting”). Customer may have only as many Job/Employment Postings (“Job/Employment posting”) actively receiving candidates as specified in the applicable Subscription Order (“Subscription Plan”) or Free Trial.
3.4 Candidates/Profiles. During the term of this Agreement, Customer may receive resumes, photographs, online profiles, and other personal information from third party individuals through its use of the Service (“Profiles”). Under the duration of this Agreement and through its use of the Service (“Candidates/Profiles”), customers may receive resumes/CVs, photographs, portfolio(s), online portfolio(s), reference letter(s), online profiles and other personal information from Recruitiqa’s recruiting experts through the platform. Submitted/represented/uploaded Candidates/Profiles are not the property of the Customer and customer or any of the user(s) of the customer doesn’t have rights/authorization to sell Candidates/Profiles to any third party person or website(s). Customer agrees that it will only use Candidates/Profiles internally for the sole benefit of Customer and its User(s) in purpose of recruiting/hiring/talent sourcing. Customer will only be allowed to contact, send email(s), call to Candidates/Profiles in regards to recruitment/hiring/talent acquisition NOT for any other purpose. As part of its service provision, Customer will receive qualified candidates/profiles from Recruitiqa; where “qualified” means Recruiqa has reviewed and decided that such candidate(s)/profile(s) meets the required skill-sets & must-haves set out in the Job/Employment Postings (“Job/Employment posting”).
- Responsibilities and Restrictions
4.1. Acceptable Use. Customer shall not knowingly: (a) use the Services for any illegal purpose or in violation of any applicable law or regulation, including laws that govern email marketing such as the CAN-SPAM Act of 2003; (b) impersonate any person or access the Services account of any third party without permission; (c) rent, lease, resell, sublicense, distribute, or otherwise transfer access to the Services, or use the Services for service bureau or time-sharing purposes or in any other way allow third parties to exploit the Services; (d) disable or circumvent any feature of the Services that provides or enhances security, restricts access, monitors use, or enforces limitations on use; (e) interfere with or impair the operation of the Services by any means including introduction of malware or excessive usage or network traffic; (f) provide Services passwords or other log-in information to any third party; (g) share non-public Services features or content with any third party; (h) use any automated methods (including “robots” or “crawlers”) or excessive numbers of data requests to download or “scrape” any materials or information from the Services; (i) disassemble, decompile, reverse engineer, or translate any software related to the Services, or otherwise attempt to discover any such software source code, object code, or underlying proprietary information, except to the extent that such restriction is prohibited by applicable law; or (j) use the Services or any data or materials obtained from the Services in order to build a competitive product or service, to build a product using similar ideas, features, functions or graphics of the Services, or to copy any ideas, features, functions or graphics of the Services.
4.2. Unauthorized Access. Customer shall take reasonable steps to prevent unauthorized access to the Services, including without limitation by protecting its passwords and other login information. Customer shall notify Recruitiqa immediately of any known or suspected unauthorized use of the Services or breach of its security and shall use best efforts to stop such breach.
4.3. Hiring/Recruiting/Employment Practices. It is Customer’s responsibility to be familiar with laws, regulations, and best practices related to hiring, including without limitation related to illegal discrimination.
4.4. Responsibility for Users. Customer is responsible and liable for Users’ use of the Services, including without limitation any User conduct that would, if performed by Customer, breach this Agreement.
- Ownership, Use and Intellectual Property Rights
The Site/Platform and all content within the Site/Platform is owned and operated by us and/or our licensors. We and our licensors reserve all rights.
Any intellectual property rights (including without limitation all patents, copyright, database rights and trademarks (whether registered or unregistered) subsisting in any content or material on the Site/Platform belongs to us and/or our licensors. All rights are reserved for the benefit of ourselves and/or our licensors. Nothing in these terms and conditions grants you any rights in the Site or the content within the Site.
“Recruitiqa” is our trademark. Other trademarks and trade names may be used on the Site to refer to the entities claiming the marks and names of the marks and names of the products or services referred to therein. The use or misuse of these trademarks or any other content on the Site/Platform except as provided in these terms and conditions or in the Site/Platform content, is strictly prohibited. Nothing contained on the Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark without our prior written permission.
- Third-party Services and Websites
6.1 The Site may contain hyperlinks or references to external third party websites. Any such hyperlinks or reference is provided for your convenience only. We have no control over third party websites and accept no responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not constitute an endorsement of such third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.
- Fees, Payment and Taxes
7.1 Subscription Fees. Customer agrees to pay the Subscription Fees to Recruitiqa. Subscription Fees are (a) based on the Subscription Plan of the Services and level of use ordered and not on actual usage and (b) non-cancelable and non-refundable.
7.2 Invoicing. Recruitiqa will invoice Customer for the fees as defined in the Subscription Order. Payment of undisputed invoiced amounts shall be paid by Customer in U.S. Dollars or INR (Indian rupee) within 30 days of Customer’s receipt of said invoice. Any price discounts are valid for the term of the Subscription Order.
7.3 Taxes. Customer will pay the fees for the Services in accordance with the payment terms stated in the Subscription Order. Customer’s purchases are non-cancelable and payment for Services is non-refundable. Customer will pay or reimburse Recruitiqa for all federal, state, and local taxes, including sales, use, gross receipts, VAT, levy, GST, or similar transaction taxes imposed on Customer’s purchase of Services, unless Customer provides Recruitiqa with a valid tax exemption certificate. All taxes payable by Customer will be separately stated and exclusive of the fees.
- Term and Termination
8.1 Term. This Agreement shall remain in effect and Recruitiqa will provide the Services during the period defined in the Subscription Order, during the Start and End Dates (the “Term”).
8.2 Renewal Term. Unless either party provides notice in writing at least ten (10) days before the last day of the Initial Term or then-current Renewal Term, as appropriate, that such party does not wish to renew this Agreement, this Agreement will automatically renew for successive additional terms (each, a “Renewal Term”). The duration of each such Renewal Term will be equal to the lesser of three months or the length of the Subscription Plan Period set forth in the most recent Subscription Order between the parties.
8.3 Termination for Breach. Either party may terminate this Agreement upon notice if the other party materially breaches this Agreement, provided that (a) such party gives 10 days’ notice to such other party describing the manner in which the Agreement has been breached, and (b) the breach remains uncured during such notice period. Notwithstanding the foregoing, if Customer is in breach, Recruitiqa may suspend access to the Services by Customer and any or all Users during such notice period.
8.4 Upon Subscription Plan or Contract Completion/Termination. Recruitiqa will not provide candidate data to Customer upon Subscription Plan or Contract Completion/Termination.
- Customer Reference
9.1 Recruitiqa may use Customer’s name and logo in listings of Recruiqa clients/customers on the website located at recruitiqa.com and in other public statements or disclosures for the purposes of marketing the Service; provided Customer may require Recruitiqa to cease or modify any use of Subscriber’s name or logo that is misleading or tends to dilute Customer’s brand.
- Submissions
10.1 We appreciate hearing from our customers/clients/users, and welcome your comments regarding our products, including our online services and our Site/Platform. Our company policy does not encourage you to submit or send to us any unpatented ideas, advertising or marketing suggestions, patent applications, models, prototypes, or any information, written or oral, which you regard as confidential (collectively referred to as ‘Unwanted Submissions’). While we value your feedback on our services and products, we request that you restrict your comments to our services and products and do not submit any Unwanted Submissions.
10.2 Please note that any submission (including any Unwanted Submission) made to us is deemed to be our property and we are entitled to utilise any such submission in any manner we see fit. We shall not be subject to any obligation of confidentiality nor be liable for any use and/or disclosure of such submissions.
- Posting/Submitting of information
11.1 Except for any personal information we may collect from you which is governed by our privacy policy, any communication or material you post or transmit to us or the Site/Platform is, and will be treated as, non-confidential and non-proprietary. By transmitting or posting any communication or material, you agree that we and any of our affiliates may use your communication for any purpose, including reproduction, transmission, publication, broadcast, and posting. Although we reserve the right to monitor or review discussions, chats, postings, transmissions, bulletin boards and the like on the Site/Platform from time to time, we are under no obligation to do so and assume no responsibility or liability arising from any content posted on any of these functionalities nor for any error, omission, infringement, defamatory statement, obscenity, or inaccuracy contained in any such information on such functionalities. We shall have the right at any time and for any reason to remove any communication or material posted on the Site/Platform.
- Disclaimers
12.1 While we use reasonable efforts to include accurate and up-to-date information on the Site/Platform, we do not represent, warrant or promise (whether express or implied) that any information is or remains accurate, complete and up to date, or fit or suitable for any purpose. Any reliance you place on the information on the Site/Platform is at your own risk. Nothing in these terms and conditions shall operate to prejudice any mandatory statutory requirement or your statutory rights.
12.2 Content on the Site is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites, which may be of interest. It does not constitute technical, financial, legal advice or any other type of advice and should not be relied on for any purposes.
- Warranties and limitation of liability
13.1 You agree that your use of the Site/Platform is on an ‘as is’ and ‘as available’ basis. Consequently we make no representations, warranties, conditions or other terms (whether express or implied) in relation to the provision of the Site/Platform, including without limitation as to completeness, accuracy and currency or any content and information on the Site, or as to satisfactory quality, or fitness for particular purpose.
13.2 To the maximum extent permitted by applicable law, we exclude all liability (whether arising in contract, tort, breach of statutory duty or otherwise) which we may otherwise have to you as a result of:
- any error or inaccuracies in any information or material within or relating to the Site;
- the unavailability of the Site for whatsoever reason; and
- any representation or statement made on the Site.
13.3 Under no circumstances shall we be liable to you for any loss or damage suffered (including without limitation direct or indirect losses) arising from your use of, or reliance on, the Site (including the downloading or any software, program or information).
13.4 We do not exclude or limit our liability for death or personal injury arising from our negligence, for any fraudulent misrepresentation made by us on the Site or for any other statutory rights which are not capable of being excluded.
14. Indemnity
14.1 If you are in breach of any of these terms and conditions, you agree to indemnify and hold us harmless in respect of any costs, expenses, claims, proceedings, actions, losses, damages or liabilities incurred by us in relation to or arising from such a breach.
15. Limitations
15.1 In no event shall Recruitiqa or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Recruitiqa’s Internet site, platform, even if Recruitiqa or a Recruitiqa authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
16. Governing Law
16.1 This agreement will be governed by and interpreted in accordance with the laws of India. You irrevocably submit to the exclusive jurisdiction of the courts of Gujarat, India.
17. Entire Agreement
17.1 This Agreement constitutes the entire agreement between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to us is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement will be binding upon assignees.
Contact Us:
Recruitiqa