TERMS AND CONDITIONS
talent2employer.com may use the Terms and Conditions given below. The terms "We" / "Us" / "Our" / "Company" individually and collectively refer to Talent2employer and the terms "Visitor" "User" refer to the users. This page states the Terms and Conditions under which you (Visitor) may visit this website or use our App ("Talent2employer"). Please read this page carefully. If you do not accept the Terms and Conditions stated here, we would request you to exit this site. The business, any of its business divisions and / or its subsidiaries, associate companies or subsidiaries to subsidiaries or such other investment companies (in India or abroad) reserve their respective rights to revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to re-appraise yourself of the Terms and Conditions, because they are binding on all users of this Website and for App Talent2employer.com
USE OF CONTENT
All logos, brands, marks headings, labels, names, signatures, numerals, shapes or any combinations thereof, appearing in this site and/ or App, except as otherwise noted, are properties either owned, or used under licence, by the business and / or its associate entities who feature on this Website. The use of these properties or any other content on this site, except as provided in these terms and conditions or in the site content, is strictly prohibited. You may not sell or modify the content of this Website or reproduce, display, publicly perform, distribute, or otherwise use the materials in any way for any public or commercial purpose without the respective organisation's or entity's written permission.
ACCEPTABLE WEBSITE / APP USE
(A) Security Rules Visitors are prohibited from violating or attempting to violate the security of the Web site / App, including, without limitation, (1) accessing data not intended for such user or logging into a server or account which the user is not authorised to access, (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation, (3) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus or "Trojan horse" to the Website, overloading, "flooding", "mail bombing" or "crashing", or (4) sending unsolicited electronic mail, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. The business and / or its associate entities will have the right to investigate occurrences that they suspect as involving such violations and will have the right to involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. (B) General Rules Visitors may not use the Web Site in order to transmit, distribute, store or destroy material (a) that could constitute or encourage conduct that would be considered a criminal offence or violate any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity of other personal rights of others, or (c) that is libellous, defamatory, pornographic, profane, obscene, threatening, abusive or hateful.
INDEMNITY
The User unilaterally agree to indemnify and hold harmless, without objection, the Company, its officers, directors, employees and agents from and against any claims, actions and/or demands and/or liabilities and/or losses and/or damages whatsoever arising from or resulting from their use of Talent2employer or their breach of the terms .
LIABILITY
User agrees that neither Company nor its group companies, directors, officers or employee shall be liable for any direct or/and indirect or/and incidental or/and special or/and consequential or/and exemplary damages, resulting from the use or/and the inability to use the service or/and for cost of procurement of substitute goods or/and services or resulting from any goods or/and data or/and information or/and services purchased or/and obtained or/and messages received or/and transactions entered into through or/and from the service or/and resulting from unauthorized access to or/and alteration of user's transmissions or/and data or/and arising from any other matter relating to the service, including but not limited to, damages for loss of profits or/and use or/and data or other intangible, even if Company has been advised of the possibility of such damages. User further agrees that Company shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to direct or/and indirect or/and incidental or/and special consequential or/and exemplary damages, whether such interruption or/and suspension or/and termination was justified or not, negligent or intentional, inadvertent or advertent. User agrees that Company shall not be responsible or liable to user, or anyone, for the statements or conduct of any third party of the service. In sum, in no event shall Company's total liability to the User for all damages or/and losses or/and causes of action exceed the amount paid by the User to Company, if any, that is related to the cause of action.
FOR EMPLOYERS
For Employers using the Services and the Web Site, you agree to use the Services and the Web Site solely to look for potential candidates for specific Employment Opportunities and for no other purposes. Furthermore, you agree that you will not: take any action which imposes an unreasonable or disproportionately large load on the Web Site infrastructure; or contact the Web Site's users (e.g., other Employers, Independent Recruiters, Employment Opportunity candidates, etc.) through unsolicited e-mail, telephone calls, mailings or any other method of communication to sell goods or services other than Employment Opportunities contemplated by you or our users.
USERS CONTENT
The Web Site allows you and others to post, transmit, display, publish, distribute, or otherwise submit user generated material including, but not limited to, Employment Opportunity postings and resumes (collectively, "Submissions"). You agree not to create any Submission that:
is incomplete, false or inaccurate, including without limitation, resume information or information which is inaccurate;
is or represents a franchise, pyramid scheme, change letter, "club membership", distributorship or sales representative agency agreement or other business opportunity which requires an up-front or periodic payment, pays commissions only (no significant salary) or requires recruitment of other members, sub-distributors or sub-agents;
imposes an unreasonable or disproportionately large load on the Web Site infrastructure;
includes a false profile or resume for the purpose of soliciting recruiting assignments from Employer subscribers who are posting jobs on the Web Site;
contains vulgar, profane, abusive, hateful, or sexually explicit language, epithets or slurs, text in poor taste, inflammatory attacks of a personal, sexual, racial or religious nature, or expressions of bigotry, racism, discrimination or hate;
is defamatory, threatening, disparaging, false, misleading, deceptive, fraudulent, inaccurate, or unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights or right of publicity of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity;
unfairly interferes with any third party's uninterrupted use and enjoyment of the Web Site or the Services;
contains copyrighted content (copyrighted articles, illustrations, images, text, or other content) without the express permission of the owner of the copyrights in the content;
constitutes, promotes or encourages illegal acts, the violation of any right of any individual or entity, the violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability;
discloses any personal identifying information relating to or images of a minor;
infringes any copyright, trademark, patent, trade secret, or other intellectual property right;
contains viruses or other harmful, disruptive or destructive files;
links to any commercial or other website (except that Employers may provide informative links to the sponsoring entity’s web site); and/or
is not otherwise in compliance with these Terms of Service.
Each time you provide a Submission to the Web Site, you represent and warrant that you have the right to provide such Submission, which means that you represent and warrant that:
you are the author of the Submission, or
the Submission is not protected by copyright law, or
you have express permission from the copyright owner to use the Submission in connection with the Web Site; and
you have the right to grant us the license set out in these Terms of Service;
your use of the Web Site and Submission(s) do not violate these Terms of Service.
You grant us and our affiliates and related entities a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, publish, transmit, perform, distribute, reproduce and create derivative works from all Submissions you provide to us in any form, media, software or technology of any kind now existing or developed in the future, including but not limited to social media websites, job boards, or any other websites. Without limiting the generality of the previous sentence, you authorize us to include the Submissions you provide in a searchable format that may be accessed by users of the Web Site. You also grant us and our related entities the right to use any Personally Identifiable Information (as that term is defined in our Privacy Policy) included with any Submission in connection with the use, reproduction or distribution of such Submission and our provision of Services to you. You also grant us the right to use the Submission and any facts, ideas, concepts, know-how or techniques contained in any Submission or communication you send to us for any purpose whatsoever, including but not limited to, developing, promoting and/or marketing products and services. You grant all rights described in this paragraph in consideration of your use of the Web Site, without compensation of any sort to you. We do not claim ownership of Submissions.
Submissions are not endorsed by us, and do not represent the views of us or our subsidiaries and affiliates, agents, officers or directors. You acknowledge and agree that we do not control Submissions, and disclaim any responsibility for Submissions. We specifically disclaim any duty, obligation, or responsibility, to review, screen, refuse to post, remove, or edit any Submission. In addition, we do not represent or warrant that any other content or information accessible via the Web Site is accurate, complete, reliable, current or error-free. We assume no responsibility or liability for any errors or omissions in the content provided via the Web Site.
We reserve the right (but disclaim any duty, obligation or responsibility) to review, screen, refuse to post, remove in their entirety, or edit (at any time and without prior notice) any Submission for any reason or no reason whatsoever, in our absolute and sole discretion.
You acknowledge and agree that the Web Site contains proprietary information and content that is protected by intellectual property and other laws, and may not be used except as provided in these Terms of Service without advance, written permission of us. All designs, text, graphics, interfaces, and images (and the selection and arrangements thereof), and software, hypertext markup language ("HTML"), scripts, active server pages, and other content and software used in the Web Site are reserved.
ADDITIONAL TERMS
If you are an Independent Recruiter and have an existing, documented, relationship with an Employer that uses the Services, you can continue to work offline with that Employer or you can work through our Services, subject to our Terms of Service. The Terms of Service prohibit bringing new business developed through our Service offline and anyone attempting to violate this policy will be immediately removed and denied access to the Service, and in addition we may pursue all other legal remedies available to us.
if you are a recruiting professional or head hunting company that intends to refer candidates and earn a fee (such professionals and companies referred to herein as “Independent Recruiters”), please make sure you have spoken with all candidates you are referring and have his/her consent in writing to refer him or her for an Employment Opportunity.
The Services are set up to automatically block duplicate submissions. In the unlikely event that the system fails to block a duplicate submission, the winner of the Referral Reward (as defined below) will be the party who first submitted the candidate, as determined by the time and date stamp on the submissions. We will never be required to pay more than one Referral Reward for the same candidate placement or the same Employment Opportunity. In the unlikely event of a duplicate submission by another party (i.e., when the same candidate is submitted by two parties), we will look at time stamp (date and time when the candidate is referred by each party as per our records) as well as documented proof that each party had the candidate’s consent in writing prior to introducing him / her. The party first referring the candidate with the candidate’s permission will be awarded the Referral Reward.
Individuals and Independent Recruiters shall have the right to represent the candidates they submit for a period of six (6) months from the date of submission for that particular Employment Opportunity for which a referral was made.
Candidates who applied to an Employer outside of the Services in the preceding 3 months would be considered already in the Employer database, and if the Employer hires the candidate who has already applied directly or was referred by someone outside of the Services, the Employer will not owe any Placement Fee (as defined below) and we would not owe any Referral Reward for such candidate.
If you are an Employer, you represent and warrant that you are authorized to advertise Employment Opportunities through the Services on behalf of your company, and that you have authority to make payments in the event a candidate referred through this Web Site for the Employment Opportunity gets hired by you. You agree that you will take time to update the online candidate statuses via the Services and keep us informed. You will attempt to log in to the Web Site not less than 2 times a week. You will update joining dates as applicable via the Services once a candidate accepts an offer. In the event that a joining date is changed for any reason, you will update the Web Site to ensure the joining date is accurate.
We make no claims on any Submission. Any Submission submitted by you will remain your intellectual property. You represent and warrant that: (i) you have obtained all necessary third party rights, including, without limitation, copyrights, for any Employment Opportunity posting, or resumes submitted by you. You will be responsible for making back-up and archival copies of your Submissions. In no event will we be responsible to you or any other person for any loss, corruption or alteration of Submissions.
DISCLAIMER OF CONSEQUENTIAL DAMAGES
In no event shall Company or any parties, organizations or entities associated with the corporate brand name us or otherwise, mentioned at this Website be liable for any damages whatsoever (including, without limitations, incidental and consequential damages, lost profits, or damage to computer hardware or loss of data information or business interruption) resulting from the use or inability to use the App and the Website material, whether based on warranty, contract, tort, or any other legal theory, and whether or not, such organization or entities were advised of the possibility of such damages.
We are not responsible for the conduct, whether online or offline, of any user of the Web Site. The Web Site and the Services may be temporarily unavailable from time to time for various reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the Web Site. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment or software, or the failure of email on account of technical problems or traffic congestion on the Internet or at any web site, including injury or damage to any person's computer related to or resulting from participating or downloading materials or Submission in connection with the Web Site or the Services. THE WEB SITES AND THE SERVICES ARE PROVIDED "AS-IS" AND WE DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEB SITES AND/OR THE SERVICES
We receive information from various sources and do not screen or censor the listings for Employment Opportunities, candidate resumes or other information which comprise the content of the Web Site. Further, there are potential hazards associated with electronic distribution, and there may be delays, omissions, inaccuracies or typographical errors in the content of the Web Site. Accordingly, we have no control over the quality, safety, or legality of the Employment Opportunities or resumes posted, the truth or accuracy of the listings, the ability of specific Employers to make Employment Opportunity offers to candidates or the ability of candidates to fill Employment Opportunity openings. Further, there are potential risks, including but not limited to the risk of physical harm when dealing with people acting under false pretenses, strangers, foreign nationals or underage persons. We make no representations about the accuracy, reliability, completeness, or timeliness of this Web Site or material. You assume all risks in dealing with other users with whom you come into contact with through the Web Site.
We are under no legal obligation to control the information provided by other users, which is made available through the Web Site. There is the potential that other user’s information may be offensive, harmful, inaccurate or deceptive. You are expected to use caution and common sense when using the Web Site. The use of the Web Site and all material included therein is at your own risk. Changes are periodically made to the Web Site and may be made from time to time without notice. Employers are solely responsible for their postings of Employment Opportunities on the Web Site.
We are not to be considered to be an Employer with respect to your use of the Web Site, and we do not guarantee that Employment Opportunity candidates will be contacted or hired by any of the Employers whose Employment Opportunity postings appear on the Web Site. We are not responsible for any employment decisions, whatsoever, made by any Employer posting Employment Opportunities on the Web Site. Further we do not take responsibility for any Employment Opportunity that candidates may secure as a result of using the Web Site. We do not make any representations or warranties of any kind with respect to any Employment Opportunity candidate, Employer, or third party whether in regards to the Web Site, hiring, employment recruiting practices, products, or services. We do not endorse any Employment Opportunity, candidate, Employer or third party on the Web Site.
IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE WEB SITES OR THE SERVICES, EVEN IF WE ARE AWARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY WARRANTIES FOR SERVICES RECEIVED THROUGH OR ADVERTISED ON THE WEB SITES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF: (A) THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICES; AND (B) TEN DOLLARS ($10). THE PARTIES AGREE THAT THESE LIMITATIONS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND SHALL SURVIVE ANY REMEDY’S FAILURE OF ESSENTIAL PURPOSE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
PAYMENT TERMS FOR EMPLOYERS AND RECRUITERS
If you are an Employer and post an Employment Opportunity, you agree that in the event you are able to fill the Employment Opportunity through the Services, you will pay us the Placement Fee (“Placement Fee”) and Platform Fee (“Platform Fee”) applicable to the pricing plan you selected on your Talent 2 Employer Talent Crowdsourcing Platform Term Sheet, unless otherwise agreed to by us in writing. We will select the Referral Reward for each Employment Opportunity. Employers electing to choose our monthly subscription pricing plan are subject to a minimum subscription period of 3 months. Employers are obligated to pay Placement Fees and Platform Fees regardless of whether the actual person who accepted employment published a resume on the Web Site or was referred by an Independent Recruiter or an individual using the Services (including without limitation referrals made by an individual via social media).
No Placement Fees are due for candidates who applied to the Employer outside of our Services within the preceding three (3) months. These candidates belong to the Employer, and no Placement Fees will be paid by the Employer with respect to these candidates. We reserve the right to require documented proof of Employer’s contact with the candidate during the applicable 3-month period. Once a candidate has been submitted, Placement Fees are due us if the candidate is hired at any time during the following 6-month period for any position with the Employer.
You will be invoiced for the Placement Fee immediately upon the applicable candidate joining date, and all payments are due within fifteen (15) days of the candidate joining date. You will be invoiced for the Platform Fee (if applicable) on a monthly basis in advance.
We provides a 60-day full placement guaranty. In the event that the candidate hired through Our Services leaves or is terminated for any reason within sixty (60) days of joining, you (the Employer) shall notify Us in writing and We will provide a replacement candidate free of charge. Employers that have not timely paid all Placement Fees and Platform Fees are not eligible for our candidate guaranty.
For all Employers, you agree that we may audit your books and records to ensure that you have paid us any and all Placement Fees and Platform Fees due us for your use of the Services. Consequently, you shall maintain, during the term of this Agreement and for at least three (3) years thereafter, records sufficient to demonstrate your compliance with your reporting and payment obligations under this Agreement. You shall make such records available for inspection and copying by us or our representatives, during normal business hours upon reasonable advance notice, for the purpose of confirming your compliance with your obligations under this Agreement. We may at our election engage an independent public accounting firm to conduct an audit of amounts due us in exchange for your use of the Services. If in the written opinion of such auditors there has been an under-reporting by you of the total amounts due, you shall pay the costs of such audit in addition to all unpaid amounts then owing.