TERMS AND CONDITIONS
PLEASE READ THE FOLLOWING TERMS OF SERVICE (THE "TERMS OF SERVICE" OR THE "AGREEMENT") CAREFULLY; IT IS A BINDING LEGAL AGREEMENT. BY USING THE SERVICE, YOU AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU MAY NOT ACCESS OR USE JOBZTALENT.COM (THE “SITE”) OR THE SERVICES AVAILABLE THROUGH THE SITE (THE "SERVICE")
Terms of Service
These Terms of Service apply to all users of the Service provided by JobzTalent which ncludes all aspects of JobzTalent, including but not limited to all products, software and services offered via the JobzTalent website.
The Service may be liable to misuse by individual job seekers who may post objectionable content in video or their resume, which gets uploaded as a document. By using the Service, you expressly relieve JobzTalent from any and all liability arising from your use of the website.
Description of Service
JobzTalent is a cloud based video interviewing platform that enables companies, teams and groups to identify and recruit top talent in an effective and efficient manner. It also provides talent with more opportunities to showcase their potential and demonstrate why they are the right person for an opportunity through recording and sharing videos.
When signing up for the Service, you must provide your full legal name, full company name, a valid e-mail address, and any other information requested in order to complete the signup process. When signing up for a paid account, or upgrading a free account to a paid account, you must provide your legal full name, full company name (if applicable), a valid e-mail address, your correct billing information, and any other information requested in order to complete the signup or upgrade process.
You are responsible for all Subscriber Content (as defined hereafter) posted and any activity that occurs through or under your account (even when Subscriber Content is posted by others). Any fraudulent, abusive or unauthorized activity may be grounds for termination of Subscriber's right to Service or to access the Site and may be grounds for potential liability against Subscriber. Subscriber may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user. Subscriber shall not share his or her password with any other person or entity; violation of this provision will be a material breach of this Agreement and may result in immediate cancellation of the Subscriber's account.
You may not resell the Service to any third party as a private label or with the inclusion of a mark-up fee without the expressed written consent of JobzTalent. Violation of any of the terms of this Agreement may result in the termination of your account and your access to the Service. While JobzTalent prohibits certain conduct and content on the Service, you understand and agree that JobzTalent cannot be responsible for the Subscriber Content posted on the Service and you nonetheless may be exposed to such materials, which you may find objectionable. You agree to use the Service at your own risk. JobzTalent Systems reserves the right to refuse Service to anyone, or cancel an account, for any reason at any time.
By using or visiting the JobzTalent's website or any JobzTalent's services provided to you on, from, or through the JobzTalent website (collectively the "Service") you signify your agreement to:
(1) These terms and conditions (the "Terms and Conditions")
Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version. JobzTalent may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that JobzTalent is not responsible for third party access to your account that results from theft or misappropriation of your account. JobzTalent and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
If you are a candidate, you legally obligated to represent you and yourself only. Sharing the information with others, in case it is not so desired and mentioned clearly by the organization inviting you, is an offense and the organization inviting you may opt for legal options to address such situation.
JobzTalent does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.TrakGoal.com only with permission of a parent or guardian.
Subscriber Content Storage and Retrieval
The Service may only be used to transmit and store resumes (or CVs), files associated with the process of hiring a candidate (hereinafter referred to as “Candidate”), Candidate videos, Downloadable contents like that of candidate’s list, guides etc. with respect to the foregoing (all of the foregoing referred to herein as “Subscriber Content”).
You may not upload advertisements or any other materials that do not fall within the definition of “Subscriber Content” or transmit unsolicited information, materials or data (including, without limitation, “spam” messages).
You understand that the Service can be used for transmission of your Subscriber Content, and that during processing, your Subscriber Content may be transferred unencrypted over the internet, and you consent to such unencrypted transmission.
You must not transmit any worms or viruses or any code of a destructive nature or that attempts to automatically gather information from the screen (screen scraping). You may not use automated systems (“bots”) to upload multiple streams of data, such as for multiple Candidates, at once. If your bandwidth usage is excessive in order to protect the responsiveness of the service for all Subscribers, we reserve the right to throttle your usage or disable your account until you can reduce your bandwidth consumption.
Electronic Delivery Policy
Visiting www.jobztalent.com or sending emails to JobzTalent constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing
Also, by using the Service you agree that JobzTalent is not responsible for valid charges incurred as the result of failed electronic delivery of email messages to the address you provide, either by the fault of JobzTalent or another third party.
Intellectual Property Rights
You acknowledge and agree that the JobzTalent Services and any necessary software used in connection with the JobzTalent Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree that JobzTalent holds all rights, title and interest in all Software and all intellectual property, including other rights related to intangible property, unless otherwise indicated. You acknowledge that no title or interest in such intellectual property rights is being transferred to you and you agree to make no claim of interest in any such Software.
Subscriber acknowledges that JobzTalent has no control over, and no duty to take any action regarding:
- which Content (as defined hereafter) Subscriber accesses via the Site
- what effects the Content may have on Subscriber
- how Subscriber may interpret or use the Content
- what actions Subscriber may take as a result of having been exposed to the Content.
THE SERVICES, CONTENT AND SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. JOBZTALENT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE OR THE SERVICES, INCLUDING ANY REPRESENTATION OR WARRANTY THAT THE USE OF THE SITE OR SERVICES WILL:
- BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA
- MEET YOUR REQUIREMENTS OR EXPECTATIONS
- BE FREE FROM ERRORS OR THAT DEFECTS WILL BE CORRECTED
- BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
- THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE
- THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
TO THE FULLEST EXTENT ALLOWED BY LAW, JOBZTALENT DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS, LEGALITY OR OPERABILITY OF THE CONTENT, MATERIAL AND/OR SERVICES PROVIDED ON THIS SITE. BY USING THIS SITE, YOU ACKNOWLEDGE THAT JOBZTALENT IS NOT RESPONSIBLE OR LIABLE FOR ANY HARM RESULTING FROM:
- USE OF THE SITE
- THE TEMPORARY OR PERMANENT INABILITY TO ACCESS OR RETRIEVE ANY CONTENT FROM THE SITE
- DOWNLOADING INFORMATION CONTAINED ON THE SITE; INCLUDING, WITHOUT LIMITATION, HARM CAUSED BY VIRUSES, WORMS, TROJAN HORSES, OR ANY SIMILAR CONTAMINATION OR DESTRUCTIVE PROGRAM.
Limitations of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL JOBZTALENT, ITS DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSSES OR EXPENSES OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY:
- ERRORS, MISTAKES, OR INACCURACIES OF CONTENT
- PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES
- UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN
- INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES
- BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY
- ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE UNDERSTAND THAT, IN SOME JURISDICTIONS, WARRANTIES, DISCLAIMERS AND CONDITIONS MAY APPLY THAT CANNOT BE LEGALLY EXCLUDED, IF THAT IS TRUE IN YOUR JURISDICTION, THEN TO THE EXTENT PERMITTED BY LAW, JOBZTALENT LIMITS ITS LIABILITY FOR ANY CLAIMS UNDER THOSE WARRANTIES OR CONDITIONS TO EITHER SUPPLYING YOU THE SERVICES AGAIN (OR THE COST OF SUPPLYING YOU THE SERVICES AGAIN).
YOU SPECIFICALLY ACKNOWLEDGE THAT JOBZTALENT SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
You agree to indemnify and hold harmless JobzTalent, its contractors, and licensors, and their respective directors, employees, members, shareholders and agents from and against any and all claims, liabilities, losses, actions, causes of action, demands, costs and expenses, including but not limited to attorneys’ fees, arising out of your use of the Service (or any third party using Subscriber’s account), your violation of this Agreement, or infringement of any intellectual property or other right of any person or entity in connection with the Service or your use thereof. The terms specified in this Section will survive termination or expiration of this Agreement
Modification of Service
JobzTalent reserves the right at any time or periodically to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Price of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days’ notice from us. Such notice may be provided at any time by posting the changes to JobzTalent Web Site https://www.jobztalent.com or email notification. JobzTalent shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Cancellations and Terminations
You are solely responsible for properly canceling your account. You can cancel your account at any time by sending an email to your JobzTalent contact given in your account.
All of your Content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
JobzTalent, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account and your access to your Account, and the forfeiture and relinquishment of all Content in your Account. JobzTalent reserves the right to refuse service to anyone for any reason at any time.
Copyright and Content Ownership
The Site and its contents are intended solely for the use of JobzTalent’s Subscribers and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Site, including, but not limited to text, data, information, graphics, logos, tools, photographs, images, illustrations, audio, video and animations (“Site Content”) are the property of JobzTalent and/or third parties and are protected by UAE and international copyright laws. All trademarks, service marks, and trade names are proprietary to JobzTalent and/or third parties. Subscriber shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Service. Site Content and Subscriber Content are referred to collectively as “Content.”
The Site is protected by copyright pursuant to UAE copyright laws, international conventions, and other copyright laws. Except as explicitly permitted in the next paragraph of this Agreement, Subscriber may not copy, modify, publish, transmit, upload, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, any of the Site Content, software, materials, or Service in whole or in part.
Subscriber may download or copy the Site Content for his, her or its individual use only and not for any other person or entity, and provided that Subscriber maintains all copyright and other notices contained in such Site Content. Subscriber may not make multiple copies of the Site Content or otherwise distribute or transmit such Site Content to any other person or entity.
Subscriber acknowledges and agrees that if Subscriber uses any part of the Service to contribute Subscriber Content, JobzTalent will have a non-exclusive, perpetual, worldwide, royaltyfree, freely transferable right, under all of Subscriber’s intellectual property rights, to copy, cache, publish, display, perform, distribute, translate and store such Subscriber Content and to allow others to do so. Subscriber warrants, represents and agrees Subscriber has the right to grant JobzTalent and the Site the rights set forth above. Subscriber represents, warrants and agrees that it will not contribute any Subscriber Content that:
- infringes, violates or otherwise interferes with any copyright or trademark of another party
- reveals any trade secret, unless Subscriber owns the trade secret or has the owner’s permission to post it
- infringes any intellectual property right of another or on the privacy or publicity rights of another
- is libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party
- contains a virus, Trojan horse, worm or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information
- remains posted after Subscriber has been notified that such Subscriber Content violates any of sections (i) to (vi) of this sentence.
JobzTalent reserves the right to remove any Subscriber Content from the Site, suspend or terminate Subscriber’s right to use the Service at any time, or pursue any other remedy or relief available to JobzTalent and/or the Site under equity or law, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Subscriber Content or if JobzTalent is concerned that Subscriber may have breached the immediately preceding sentence), or for no reason at all.
All resume documents uploaded to your account by you, another user within your account, or an applicant, can be retrieved by you through the provided user interface or application programming interface (API). JobzTalent does not pre-screen Subscriber Content, but JobzTalent and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
Resolution of Disputes
Any disputes arising out of the use of the Service shall be governed by the laws of Bangalore, without regard to any conflict of laws principles, and any proceedings shall solely be brought in the state and federal courts located in Bangalore. You consent to the exclusive jurisdiction of and venue in such courts. You also acknowledge and agree that the venue provided for herein is the most convenient forum for both you and JobzTalent and waive any objection to jurisdiction and/or venue and any objection based on a more convenient forum in any action between you and JobzTalent (and/or its officers, directors, employees, members and agents) and/or otherwise in connection with the Service.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by JobzTalent without restriction.
Dated: 30th June, 2014.