Recruiting Smartly

User Agreement – Recruiting Smartly

1. Introduction

You agree that by clicking “Join Now”, “Join Recruiting Smartly”, “Sign Up” or similar, registering, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with Recruiting Smartly (even if you are using our Services on behalf of a company). If you do not agree to this contract (“Contract” or “User Agreement”), do not click “Join Now” (or similar) and do not access or otherwise use any of our Services.

While using the words “Recruiting Smartly” or “We” or “us” or similarly meaning words in this document it includes Recruiting Smartly Web site, App and other digital applications. It also includes G O BPO Services Pvt Ltd, it’s Directors, Principals, shareholders, Officers, agents, investors, employees, trainees in the company, associates, vendors, partners, suppliers, service providers, affiliates, affiliated companies, associated companies, potential buyers, consultants, individuals and other people and companies, organizations, groups etc. associated with the company who are providing services and support for Recruitment Smartly irrespective of the fee charged by them.

In this document the words contract User Agreement and Agreement can be interchanged and have same meaning.

This Contract applies to Recruiting Smartly, Recruiting Smartly.com, Recruiting Smartly-branded apps, Recruiting Smartly Learning and other Recruiting Smartly-related sites, apps, communications and other services that state that they are offered under this Contract (“Services”), including the offsite collection of data for those Services, such as our ads and “Share with Recruiting Smartly” plugins. Registered users of our Services are “Members” and unregistered users are “Visitors”. Both can be terms as “Users” or “You” or similarly meaning words in this agreement. This Contract applies to both.

Members and Visitors

When you register and join the Recruiting Smartly Service, you become a Member or User. If you have chosen not to register for our Services, you may access certain features as a visitor.

Agreement Modification

We may modify this Contract, our Privacy Policy and our Cookies Policies from time to time. If we make material changes to it, we will provide you notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective. If you object to any changes, you may close the account and discontinue the services. Your continued use of our Services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms.

2. Minimum Requirements

You are of minimum age of 18 or of age where by law you do not require parental consent to enter in this agreement You understand that the data entered in this application/software is confidential. You will keep the password secret, secure and confidential. Also you will not share the password with any one. You will not transfer any part of your account or data. You will follow the law and our list of Dos and Don’ts. You are responsible for anything that happens through your account unless you close it or report misuse.

Your account and data belongs to the company or person who is paying for these services. They also have the right to control the access and get reports, data etc. without your consent.

In case you delete any data or information, you understand that we will not be able to restore or recover the same. It may get lost for ever. At no point we will be responsible for this or any similar act.

You will always honour your payment obligations and have no problem or concerns in our storing your payment information. To the displayed prices we may add taxes and other fees if required.

You agree to pay all the applicable fees and taxes as required.

Failure to pay the fee may lead to cancellation and termination of your account. In such a case we have a right to delete the data without intimating to you. Also you will not have any access to any data which has been stored on our servers. In case some time later you decide to restart the services we may not be able to restore the old data. In such a case you will have no right to demand the same.

Once you buy the services there shall be no cancellations or refunds. However you are free to cancel the services from the next payment cycle.

Your purchase may be subject to foreign exchange fees or difference in prices based on the location and exchange rates.

We may store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your Services and to use to pay other Services you may buy.

Your payment method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date.

We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.

You also agree in case we provide notices, notifications, information through our website or email etc. you would have no problem to those. For that you agree to keep your contact information updated.

The information entered in the application is seen by others within your company, license etc. it is also accessed by the Recruiting Smartly for trouble shooting and reporting purpose. You have no problem with this and give your consent to this.

We are not obliged to publish or retain any information and can remove at our sole discretion with or without notice.

3. Rights and Limits

License to Recruiting Smartly

You own all of the content, feedback, and personal information you provide to us, but you also grant us a non-exclusive license to it. This is used by us for trouble shooting and reporting purpose.

We’ll honor the choices you make about who gets to see your information and content.

You also understand that information entered by you will be accessed by your company, team, users and other license holders. It may be accesses by Recruiting Smartly. Under these conditions you would still own the content and information uploaded in the Recruiting Smartly and you are only granting Recruiting Smartly and our affiliates the following non-exclusive license: A worldwide, transferable and sub-licensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through our Services, without any further consent, notice and/or compensation to you or others.

These rights are limited in the following ways:

• You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
• We will not include your content in advertisements for the products and services of third parties to others without your separate consent (including sponsored content). However, we have the right, without payment to you or others, to serve ads near your content and information, and your social actions on sponsored content and company pages may be visible, as noted in the Privacy Policy.
• While we may edit and make formatting changes to your content (such as translating it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.
• You agree that we may access, store and use any information that you provide.
• You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). You also agree that your profile information will be truthful. Recruiting Smartly may be required by law to remove certain information or content in certain countries.

Service Availability

We may change, suspend or end any Service, or change and modify prices prospectively at our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you.

We may change or discontinue any of our Services. We don’t promise to store or keep showing any information and content that you’ve posted.

Recruiting Smartly is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.

Please do take regular backups by downloading the data in the available formats. We will try to retain your data till you continuously pay for the services. In case there is a gap in payments or payment/s is/are not received by us we may not retain the data and you have no objection to this.

Others Content, Sites and Apps

Your use of others’ content and information posted on our Services is at your own risk.

You may have access to the data and information entered, stored or posted by others including your team members and other people using the same license group. By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Recruiting Smartly generally does not review content provided by our users or others. You agree that we are not responsible for others’ (including other Members’) content or information. We cannot always prevent this misuse of our services, and you agree that we are not responsible for any such misuse.

You are responsible for deciding if you want to access or use any information published on Recruiting Smartly.

We are in no way responsible for any decisions or outcomes which are based on the information available in Recruiting Smartly. You take all the responsibility for these decisions and outcomes.

Privacy Policy

If you use our Services, you consent to the collection, use and sharing of your personal data included in Cookie policy section, user agreement and other related terms and conditions of Recruiting Smartly.

We may modify the privacy Policy at any time, in case of such a change you will be notified either through the log in panel or through email. The email will be sent to the registered mail id. At that point it would be your responsibility to continue the services of not. Your continued use of our Services after we publish or send a notice about our changes to this Privacy Policy means that you are consenting to the updated Privacy Policy.

We receive personal data about you when you use the services of our customers and partners, such as prospective employers and applicant tracking systems providing us job application data.

The data collected may include information while creating the account or updating the information subsequently. This information can include but not restricted to your name, email address and/or mobile number, and a password, payment (e.g., credit card) and billing information. Other information such as your education, work experience, skills, photo, city, location, team, CTC and endorsements etc. We may collect further information which may not be specified here. You will have no objection to the same.

You will also post the information about others, which include individuals and companies etc. this information is owned by you and you have the right over it except as specified in section Minimum Requirements, Section Rights and limits and sub section and other parts of Rights and Limits license to Recruiting Smartly.

We log usage data when you visit or otherwise use our Services, including our sites, app and platform technology (e.g., our off-site plugins), such as when you view or click on content or ads, perform a search, install one of our mobile apps, share information. We use log-ins, cookies, device information, internet protocol (“IP”) addresses to identify you and log your use.

We use cookies and similar technologies (e.g., web beacons, pixels, ad tags and device identifiers) to recognize you and/or your device(s) on, off and across different Services and devices. We also allow some others to use cookies. You can control cookies through your browser settings and other tools.

When you visit or leave our Services (including our plugins or cookies or similar technology on the sites of others), we receive the URL of both the site you came from and the one you go to next. We also get information about your IP address, proxy server, operating system, web browser and add-ons, device identifier and features, and/or ISP or your mobile carrier. If you use our Services from a mobile device, that device will send us data about your location. Most devices allow you to prevent location data from being sent to us and we honor your settings.

We collect information about you when you send, receive, or engage with messages in connection with our Services.

An employer (or other person or entity procuring our Services for your use) may provide us information about their employees or contractors who make use of these Services.

We receive information about your visits and interaction with services provided by others when you log-in with Recruiting Smartly or visit others’ services that include our plugins ads, cookies or similar technologies.

Our Services are dynamic and we often introduce new features, which may require the collection of new information.

We use your data to authenticate you and authorize access to our Services.

We also use data, including public feedback, to conduct research and development for the further development of our Services in order to provide you and others with a better, more intuitive and personalized experience, drive membership growth and engagement on our Services. In some cases we may conduct the research, polls and surveys etc. through 3rd parties or tools developed by third parties. You may not participate in these research activities. But you have no objection in us using these.

We publish or allow others to publish economic insights, presented as aggregated data rather than personal data.

We use the data (which can include your communications) needed to investigate, respond to and resolve complaints and Service issues (e.g., bugs).

We use your information to produce aggregate insights that do not identify you. For example we may use your data to generate statistics about our users, their profession or industry, the number of ad impressions served or clicked on, or the demographic distribution of visitors to a site.

We use your data (including your communications) if we think it’s necessary for security purposes or to investigate possible fraud or other violations of our User Agreement or this Privacy Policy and/or attempts to harm our Members or Visitors.

Your employer can see how you use Services they provided for your work (e.g. as a recruiter or sales agent) and related information.

We will share your personal data with our affiliates to provide and develop our Services. We combine information internally across the different Services covered by this Privacy Policy.

We use others to help us provide our Services (e.g., maintenance, analysis, audit, payments, fraud detection, marketing and development). They will have access to your information as reasonably necessary to perform these tasks on our behalf and are obligated to not to disclose or use it for other purposes.

It is possible that we will need to disclose information about you when required by law, subpoena, or other legal process or if we have a good faith belief that disclosure is reasonably necessary to (1) investigate, prevent, or take action regarding suspected or actual illegal activities or to assist government enforcement agencies; (2) enforce our agreements with you, (3) investigate and defend ourselves against any third-party claims or allegations, (4) protect the security or integrity of our Service (such as by sharing with companies facing similar threats); or (5) exercise or protect the rights and safety of Recruiting Smartly, our Members, personnel, or others. We attempt to notify Members about legal demands for their personal data when appropriate in our judgment, unless prohibited by law or court order or when the request is an emergency. We may dispute such demands when we believe, in our discretion, that the requests are overbroad, vague or lack proper authority, but we do not promise to challenge every demand.

We can also share your personal data as part of a sale, merger or change in control, or in preparation for any of these events. Any other entity which buys us or part of our business will have the right to continue to use your data, but only in the manner set out in this Privacy Policy unless you agree otherwise.

If you choose to close your Recruiting Smartly account, your personal data will generally stop being visible to others on our Services within 7 working days. We generally delete closed account information within 60 days of account closure, except as noted below.

We may retain your personal data even after you have closed your account if reasonably necessary to comply with our legal obligations (including law enforcement requests), meet regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse, enforce our User Agreement, or fulfill your request to “unsubscribe” from further messages from us. We will retain de-personalized information after your account has been closed.

Information you have shared with others may remain visible after you closed your account or deleted the information from your own profile or data store, and we do not control data that other Members copied out of our Services. Your profile may continue to be displayed in the services of others until they refresh their cache.

We keep some of your data even after you close your account.

We implement security safeguards designed to protect your data, such as HTTPS. We regularly monitor our systems for possible vulnerabilities and attacks. However, we cannot warrant the security of any information that you send us. There is no guarantee that data may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

We currently do not share personal data with third parties for their direct marketing purposes without your permission.

While entering the information about others you state that the you have a complete right and ownership of that information. You Indemnify Recruiting Smartly as per the Section 5 covering Disclaimer and limit of liability in this agreement.

Cookies

A cookie is a small file placed onto your device that enables Recruiting Smartly features and functionality. It also collects information about the users. We may place cookies from time to time.

Cookies can be used to recognize you when you visit Recruiting Smartly, remember your preferences, and give you a personalized experience that's in line with your settings. Cookies also make your interactions with Recruiting Smartly faster and more secure. Additionally, cookies allow us to bring you advertising both on and off the Recruiting Smartly sites.

By continuing to visit or use our services, you are agreeing to the use of cookies and similar technologies for the purposes we describe in this agreement.

At present we do not allow an option to opt out of cookies. In case you do not want to the cookies then we would suggest that you cancel the contract and do not use the Recruiting Smartly site and other affiliated sites.

We may use two types: persistent cookies and session cookies. A persistent cookie helps us recognize you as an existing user, so it's easier to return to Recruiting Smartly or interact with our services without signing in again. After you sign in, a persistent cookie stays in your browser and will be read by Recruiting Smartly when you return to one of our sites or a partner site that uses our services (for example, our sharing or job application buttons). Session cookies only last for as long as the session (usually the current visit to a website or a browser session).

Intellectual Property Rights

Recruiting Smartly respects the intellectual property rights of others and desires to offer a platform which contains no content that violates those rights. Our User Agreement requires that information posted by Members be accurate, lawful and not in violation of the rights of third parties.

You agree that any information posted by you about others will be correct and will not violate any Intellectual property rights of any party.

Recruiting Smartly reserves all of its intellectual property rights in the Services. Using the Services does not give you any ownership in our Services or the content or information made available through our Services.

Trademarks and logos used in connection with the Services are being the trademarks of their respective owners.

Recruiting Smartly, and “GO” logos and other Recruiting Smartly trademarks, service marks, graphics, and logos used for our Services are trademarks or registered trademarks of Recruiting Smartly or its owners or they have been licensed to Recruiting Smartly for a specific use.

The other company names, trademarks, service marks, brands, names and words used here in and on Recruiting Smartly are owned by the respective owners. Recruiting Smartly or you do not have any right or claim on those. Both Recruiting Smartly and you the user will acknowledge the ownership of intellectual property as owned by the respective owners.

4. Recruiting Smartly “Dos” and “Don’ts”

Disclaimer and Limit of Liability

No Warranty

This is our disclaimer of legal liability for our Services – Recruiting Smartly:

To the extent allowed under law, Recruiting Smartly and its affiliates (and those that Recruiting Smartly works with to provide the services) (a) Disclaim all implied warranties and representations (e.g. warranties of merchantability, fitness for a particular purpose, accuracy of data and non-infringement); (b) Do not guarantee that the services will function without interruptions or errors, and (c) provide the service (including content, reports and information etc.)on an “AS IS” and “Aa Available” basis. You understand this aspect and agree to this without any objections.

Exclusion of Liability

These are the limits of legal liability we may have to you.

To the extent permitted by law (and unless Recruiting Smartly has entered into a separate written agreement that overrides this contract), Recruiting Smartly and its affiliates (and those that Recruiting Smartly works with to provide the services) shall not be liable to you or others for any direct, indirect, incidental, special, consequential or punitive damages, claims, or any loss of data, opportunities, opportunities cost, opportunity losses, reputation, profits, or revenues, related to the services.

In no event shall the liability of Recruiting Smartly and its affiliates (and those that Recruiting Smartly works with to provide the services) exceed, in aggregate for all claims, an amount that is lesser of (a) three times the most recent monthly or yearly fee that you paid for the service, if any or (b) INR 10000/-

This limitation of liability is part of the basis of the bargain between you and Recruiting Smartly and shall apply to all claims of liability (e.g. Warranty, tort, negligence, contract, law, omissions, errors etc.) and even if Recruiting Smartly or its affiliates have been told of the possibility of any such damage, and even if these remedies fail their essential purpose.

You also understand this aspect and agree to this without any objections.

Indemnity

You indemnify Recruiting Smartly against all claims, demands, actions, costs, expenses (including legal costs and disbursements on a solicitor and client basis), losses and damages (“Claim”) made against or incurred by Recruiting Smartly arising out of any misrepresentation, negligent or wilful act or omission by you or any breach of obligation under this agreement in performance/usage of the Services; or misrepresentation; violation of any law; any decisions made by your organization based on the data entered by you or your team or any other member; any violation to any Intellectual property rights.

If a Claim is made, then Recruiting Smartly and/or any relevant member of the Recruiting Smartly Group shall notify the you as soon as possible and you shall, at its own cost, defend the Claim but may not settle the Claim without the prior written consent of Recruiting Smartly and/or the relevant member of the Recruiting Smartly Group.

Termination

We can each end this Contract anytime we want. Both you and Recruiting Smartly may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination: Our rights to use and disclose your feedback; Other Members and/or Users rights to further re-share content and information you shared through the Service; Sections 2, 3, 4, 5 and 7 of this Contract; Any amounts owed by either party prior to termination remain owed after termination. The termination will only be applicable once the current running contract period is over. The user will not have any right of refund for unutilized services in the current contract. This means that the payments done till the termination point will not be refunded. However there will be no further charges.

Dispute Resolution

Irrespective of your location, payment currency or the location of Recruiting Smartly or its affiliates who are helping Recruiting Smartly to provide the services, for the legal purpose the laws of India will be applicable.

You agree that apart from the Indian Law, there will be no other law applicable to this agreement.

In the unlikely event we end up in a legal dispute, we both agree to resolve it in Chennai courts, (Tamil Nadu, India) (using Indian law).

General Terms

If a court with authority over this Contract finds any part of it not enforceable, you and us agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and us agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract. To the extent allowed by law, the English language version of this Contract is binding and other translations are for convenience only. This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.

If we don't act to enforce a breach of this Contract, that does not mean that Recruiting Smartly has waived its right to enforce this Contract. You may not assign or transfer this Contract (or your membership or use of Services) to anyone without our consent. However, you agree that Recruiting Smartly may assign this Contract to its affiliates or a party that buys it without your consent. There are no third party beneficiaries to this Contract.

We reserve the right to change the terms of this Contract and will provide you notice if we do and we agree that changes cannot be retroactive. If you don't agree to these changes, you must stop using the Services.

You agree that the only way to provide us legal notice is at the addresses provided in this agreement and no other way.

The services of Recruiting Smartly are being offered as it is and with the terms as mentioned in this document. You have a right to accept of not to accept the terms. In case you do not accept then we would request you not to use Recruiting Smartly.

Contact Us

If you want to send us notices or need any information or clarification on the contract, please contact us at Legal@RecruitingSmartly.com

User Agreement, Ver 1.0, 30th Oct. 2017, Terms and Conditions, Privacy Policy, Data Usage