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Terms and Conditions

 

Welcome to www.skillate.com website, Skillate (mobile application) or any other platform through which You are able to access our Services (hereinafter collectively to be referred as “Site”). These terms of service (“Terms”, “Terms of Service” or “Agreement”) describe the terms, covenants, conditions, and provisions applicable to Your access and use of the Site.  These Terms along with any order form or other definitive agreement signed between You and Skillate for the provision of Services form a legally binding agreement between You as the user of the Site (“User”, “You” or “Your) and Skillate (“Skillate” “we”, “our” , “us” or “Company”), and by accessing or using our website, software and mobile application services to screen the curriculum vitae/ resume of various applicants as per the job description provided by You and to identify the right and qualified candidates (“Services”) You agree to be bound by these Terms. In case of any conflict between these Terms and any other definitive agreement/order form executed between You and Skillate, these Terms shall supersede unless specifically agreed to between You and Skillate in writing by making a reference to the appropriate provision of these Terms.

We lay utmost importance to the privacy rights of our Users and those of candidates whose information is shared by our Users while availing our Services. We are fully compliant with the European General Data Protection Regulation and our Privacy Policy has been updated accordingly. We are also in compliance with the Indian Information Technology Act, 2000 and other applicable laws. Your usage of the Site and the Services is subject to Your explicit acceptance of these Terms and the Privacy Policy available at https://skillate.com/privacy-policy (the “Privacy Policy”), which forms a part of this Agreement by this reference. Your acceptance of the same will irrevocably and unconditionally bind You to comply with and abide by all the obligations and conditions stipulated herein (unless otherwise explicitly made optional). After Your initial confirmation/consent, You will be assumed to continue consenting to these Terms (including any modifications thereto) until You explicitly withdraw Your consent by notifying the Company of the same in writing including in electronic form.

IF YOU DO NOT AGREE TO BE BOUND BY ALL CONDITIONS/CLAUSES CAPTURED IN THESE TERMS, PLEASE DO NOT USE THE PLATFORM OR SERVICES.

By visiting our Site or using our Services, accessing or using our apps and services, You agree that You are lawfully competent and authorised  to enter into this  Agreement including terms, conditions, obligations, representations and responsibilities set forth in these Terms which may be amended from time to time, and to abide and comply with these Terms.

Updation of Terms

These Terms may be updated, amended, modified or revised by us from time to time. Each such updation or modification to the Terms will require You to give separate explicit consent with respect to each such revised version to be able to continue to use the Services. As a best practice, we encourage You to refer to these Terms from time to time to ensure that You are aware of any additions, revisions, amendments or modifications that we may have made.

PLEASE READ THE TERMS OF SERVICE CAREFULLY. IF YOU DO NOT AGREE TO BE BOUND BY SUCH TERMS AND CONDITIONS, YOU MUST NOT ACCESS THE SITE OR USE THE SERVICES

Skillate’s Services

Skillate provides a SaaS platform through the Site which helps entities in optimising recruitment operations by leveraging artificial intelligence and machine learning algorithms. The platform helps the users in evaluating candidates for various job descriptions.

Our Services may include certain communications made to You in the form of service announcements, administrative messages and newsletters, which shall be considered part of using the Services. We understand and respect Your privacy, and hence provide You the option of opting out from receiving certain communications. For more information on the privacy practices followed by us, please refer to our Privacy Policy.

Skillate reserves the right in its sole discretion, to add, to change, modify, cancel or suspend or discontinue any of our Services (or any part thereof) from time to time or at any time by posting a notice on the Site or by sending You an email. These Terms along with any other definitive agreement/order form executed between You and Skillate constitute the entire agreement and understanding between You and Skillate with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the You and Skillate with respect to such subject matter. 

Subscription to Our Services

Users can access the Services for a tenure as mutually agreed between You and Us. Admin account will be provided to You from where You can access and use our Services; post any job-related details and screening requirement or criterion in accordance with these Terms. The person managing the Admin account (“Admin”) shall have all the rights to access, modify, amend, add or delete any/every information related to his organization. Authorized Users shall have their own user id and passwords to access and use our Services. You acknowledge that our Services are on-line, subscription-based products and that we may make changes to our Services from time to time.

As part of the registration process, You will need to accept our Terms and Privacy Policy, and also provide us with Your name (or the name of Your organization/company) and Your email ID. You will be required to create a password in order to secure and limit access to Your account. We do not have access to and do not at any time request You to provide us with access to Your password, unless You have given us explicit written permission to access Your account pursuant to a request for assistance or support.

Any change in the admin shall be communicated to the Skillate immediately through email.

Any information You provide to us for the purposes of registering and setting up Your account (as specified above) shall be considered as accurate, complete and updated. You are solely responsible for the activity that occurs on Your account (including those of other users) and for maintaining the security of Your account and any information You provide. Skillate is not responsible for the accuracy or legitimacy of any information, data, or data belonging to any of Your end users, uploaded, posted, or downloaded by You or any of Your employees/agents on the Site or while availing the Services. In case where You or any of Your employees or personnel who are using the Services on Your behalf provide(s) inaccurate or illegitimate information on the Site or while availing the Services, in such cases information can be rectified and corrected. You will have to provide Skillate with a written request including in electronic form, to rectify the information with the exact particulars of the information to be rectified.

For the purposes of clarity, as long as Your account is accessed with the correct username and password and unless You notify us of any unauthorised access, Skillate is not and will not be responsible for verifying the nature of the individual/entity accessing Your account, including if that person exports/downloads or shares any data belonging to Your end users or other individuals.

It is Your responsibility to ensure that the information You provide is accurate, secure, and not misleading. You cannot create an account username and password using (i) the names and information of another person; or (ii) using words that are the trademarks or the property of another party (including ours); or (iii) words that are vulgar, obscene or in any other way inappropriate. At the time of creation and each time You access Your account thereafter, we track Your IP address solely for the purposes of determining the geographical location from which You are accessing the Platform.

Licensing Terms

By using our Services and posting/uploading/submitting/sending any data, text, messages, advertisements, job and company information, job postings, application information, logos, trademarks, comments, questions, and other content or information (“Your Data”), You expressly grant us a sub-licensable, unlimited, worldwide license to Your Data to use, modify, quote, publish, translate, archive, store, reproduce, modify, create derivative works from, and otherwise communicate, in any manner or form and in any medium or forum in accordance with these Terms and the Privacy Policy . All rights not expressly granted herein are reserved by Skillate and its licensors.

Subject to these Terms, You are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable license to access, use, copy, download and print the Data for Your personal and non-commercial informational use only, subject to and in accordance with our Terms. You will retain all right, title and interest in and to Your Data in the form provided to Skillate. You agree not to license, distribute, create derivative works from, commercially use, disclose, display, sell or otherwise communicate, and publicly display any Data from Skillate, excluding the Data You create and submit. Your rights pertaining to Your Data are detailed in the Privacy Policy.

We reserve all rights not expressly granted herein, and may terminate this license at any time for any unauthorized access or for any other reason or no reason.

You should only provide information that You own or have the right to use. Although You remain the sole and complete owner of all information and Data provided and/or uploaded by You on the Site or while using the Services (including any intellectual property rights in the same), You hereby give us the right and permission to access certain information:

  1. contained in the resumes uploaded by You while availing our Services
  2. The IP address of the third-party/person who accesses any user account created through Your Admin account;
  3. Certain analytical information pertaining to Your account (the “Data Trail”), including but not limited to the number of times and the geographic locations from which You have accessed Your account, Your activity on the account (for example, what features You used and what actions You carried out), the number of resumes You have uploaded during the course of Your usage of the Services, when each such document was uploaded, and the number of reports generated from You account and other information of similar nature.

It is necessary and mandatory for us to collect and access the information as mentioned in the above paragraph, for us to be able to provide You with any part of the Services. Should You choose not to provide any of the information or not to allow us to access any of the same, You will be unable to access or use any part of the Services.

We may use the above information for as long as Your account is active and in use, and only as specified/permitted by our Privacy Policy and by applicable law. For example, we will never share Your personally identifiable information without Your prior explicit permission. Please closely review our Privacy Policy for more information regarding how we use and disclose Your personal information.

Once Your account is deleted, You hereby give us permission to continue storing and using the Data Trail for an additional period of One (1) year from the date of termination of Your account. Additionally, we may continue to store any other information as may be required by applicable law for the purposes of record retention. While we make commercially reasonable efforts to ensure that the data stored on our servers are always available to You (during the subsistence of this Agreement), we will not be responsible in the event of failure of the third-party servers or any other factors outside our reasonable control, that may cause the user data to be permanently deleted, irretrievable, or temporarily inaccessible.

If You choose to provide us with input and suggestions regarding problems with or proposed modifications or improvements to the Site or Services (“Feedback”), then You hereby grant us an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Site/Services and to create other products and services.

Acceptable Use and Code of Conduct

You agree and understand that any use of our Services binds You to our Terms and creates responsibility on Your behalf to use our Services only for legal, authorized, and acceptable purposes as specified under these Terms and as per the applicable law. You are specifically prohibited from using false e-mail address, impersonating any person or entity, using the Data and Services other than for their intended purpose, or in any manner inconsistent with any and all applicable laws and regulations. You are responsible for any and all actions taken using Your accounts and passwords, and You agree to immediately notify us of any unauthorized use of which You become aware.

 

You agree not to:

You must ensure that all Authorized Users keep the login details and any Data provided on our Site strictly confidential and not share such information with any unauthorized person.

Our Services provide You the option to submit Your job postings through a third party account such as a Facebook, Twitter or Linkedin. If You choose to use third party option for submitting Your job postings, the resumes posted by individuals through such options shall be redirected to our database, and You will be able to access their information from Your account with our Site. However, Skillate shall have no responsibility for their authentication and Skillate can in no way validate for completeness or accuracy of the information provided through social media platforms. Further, Users agree and undertake not to save, download or share the information/ Data received through social media platform of Skillate with any other company or for any commercial purposes.

Disclaimers and Limitation of Liability

The Services provided by Skillate are made available on “as is” without warranty or representation of any kind, including (without limitation) warranties, terms or conditions as to satisfactory quality, fitness for purpose or compliance with any description or generally as to the quality of our Services, Data, third party content or any information obtained using the our Services. We do not represent or imply that we endorse or take responsibility of any Data posted or about its accuracy and correctness of any Data posted, and are not responsible for, controlling how or when our Services are used. We do not assume any liability for monitoring the Services for content that is offensive, indecent, or otherwise objectionable, as well as content containing harmful content, viruses, technical inaccuracies, omissions or typographical errors. We are not responsible for actions or information of our User(s) and third parties and are not obligated to control such actions.

Skillate accepts no liability for the completeness, usefulness or any inaccuracy of the Data available on its Site. We take no responsibility and assume no liability for any Data that You or any other User or third party posts or sends over our Site. We shall not be held liable for any improper or incorrect use of the information described and/or contained herein and assumes no responsibility for anyone's use of the information. You shall be solely responsible for Your Data and the consequences of uploading/submitting it.

Please note that User’s use of third party services will be governed by their own terms and privacy policies and we are not responsible for the contents or material of any third party site. We assume no responsibility regarding privacy practices of such third party services and are not liable for any loss or damage arising from Your use of any Third Party Content. Skillate has no control over the accuracy of such information, and Data on our Site may include technical inaccuracies or typographical errors, and we make no guarantees, nor can we be responsible for any such information, including its authenticity, accuracy, quality, copyright compliance or legality, or any resulting loss or damage. You understand and agree that we are not liable for any kind of damages, losses or action arising directly or indirectly, due to access and/or use of the Data.

In no event shall Skillate, its subsidiaries, affiliates, officers, directors, agents, employees, and licensors be held liable for any direct, indirect, punitive, incidental, special, or consequential damages, lost profits, lost data, goodwill use or other intangible losses, relating to, arising out of or in any way in connection with our Terms and Services or any Data posted on our Site by the Users. This limitation of liability will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.

Third Party Services

We also use certain third-party service providers to provide You with the Services. In this process, we may share Your personal information or Your Data with some of the third-party service providers, as is necessary to enable them to provide the requisite services. These third-party service providers provide following categories of services:

  1. Cloud based web hosting and server services.

Further, we will attempt to ensure that all our third-party service providers are bound by and adhere to the same obligations of confidentiality and data privacy as we guarantee to You.

Intellectual Property Rights

All the rights and interest in the Site, any reports/scores generated for Users (“Report”), the processes and their selection and arrangement, including but not limited to all text, graphics, user interfaces, audio, video, music, artwork and computer code on the Site (“Content”) is owned and controlled by Skillate and its licensors. All titles, rights and interests in respect of the design, know-how structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights, and we reserve all the right, title and interest, including all intellectual property rights in and to the Content. You will have no rights with respect to the Report other than that which has been granted to You expressly in these Terms. You hereby acknowledge and agree that the Reports are for Your internal and non-commercial use only and You cannot sell, resell, license, sublicense or distribute the Reports or any other information provided to You under this Agreement or make any copies of the Report or of any portion thereof without our express written consent. You will not share the contents of the Report with any third party. We retain the right to reuse the Report or the information belonging to any candidate, including their resumes, without limitation.

The trademarks, logos and service marks displayed on the Website ("Marks") are the property of Skillate or any third parties. You are not permitted to use the Marks without the prior consent of Skillate or the third party that may own the Marks.

Profile Ownership and Editing Rights

You hereby represent and warrant that You are fully entitled under law to upload all content including resumes and any other information of the candidates, uploaded by You through Your account or otherwise while using our services, and that no such content breaches any third-party rights, including privacy rights and intellectual property rights. Upon becoming aware of a breach of the foregoing representation, we may modify or delete parts of Your account information at our sole discretion with or without notice to You.

Indemnification

You shall defend, indemnify, and hold harmless the Company, its affiliates/subsidiaries/joint venture partners and each of its, and its affiliates/subsidiaries/JV partners employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) Your use or misuse of, or access to, the  Service; or (ii) Your violation of these Terms or any applicable law, contract, policy, regulation or other obligation. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by You, in which event You will assist and cooperate with us in connection therewith.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SKILLATE OR ITS DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS OR RESELLERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, LOSS OF GOODWILL OR OPPORTUNITY, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; OR (II) FOR YOUR RELIANCE ON THE SERVICE; OR (III) FOR ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF THE INR 1000/-; OR (IV) FOR ANY MATTER BEYOND ITS OR THEIR REASONABLE CONTROL, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE AFOREMENTIONED DAMAGES.

 

 

Disclaimer

THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND ARE WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE COMPANY AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS AND PARTNERS DO NOT WARRANT THAT: (A) THE SERVICES AND THE PLATFORM WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.

Waiver & Severance

Any failure by us to enforce any right or failure to act with respect to any breach by You under the Terms shall not be construed as, or constitute, a continuing waiver of such provision, or a waiver of any other breach of or failure to comply with any other provision of this Agreement, unless any such waiver has been consented to by us in writing.

In the event of any provision of our Terms, under any circumstances being held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remainder of the Terms or any such provision in any other circumstances.

Governing Law and Jurisdiction

Our Terms and all transactions entered into on or through the Site and the relationship between You and Skillate shall be governed in accordance with the laws of India without reference to conflict of laws principles.

You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Site or the relationship between You and Skillate shall be subject to the exclusive jurisdiction of the courts at Bangalore, India and You hereby accede to and accept the jurisdiction of such courts.

Term and Termination

These Terms shall remain in force as long as You have a valid subscription to our platform/Site/Services. We reserve the right to terminate Your right to use the Services or any part of the Services at any time without notice, including if in our sole determination You violate any provision of this Agreement, commit illegal activity or fraud using our Services, or on the request of law enforcement or other government agencies, or for no reason. You understand and agree that there shall be no refunds to You after cancellation for any portion of unused Services or time on the subscription. The provisions of this Agreement which by their nature are supposed to survive termination/ expiration of this Agreement shall survive such termination/expiration.

In case You decide to terminate this Agreement or cancel Your subscription or User account with us at any time with notice to Skillate, You will not be entitled to any credits or refunds for cancellation. On termination of this Agreement, You (and Your Authorized Users) will no longer have any right to use or access any Services or Data that we make available to You under this Agreement. However, the Data of the Users with Skillate shall be governed by the Privacy Policy of Skillate.

Payments, Delivery of Services and Refunds

All the payments done by You for a purchase order or subscription must be done by credit card, debit card, or any other valid payment method, along with applicable taxes, and all the information provided by You in connection with such purchase must be accurate and complete. You agree that all payments made in connection with Your subscription are non-refundable unless otherwise specified in these Terms.

We may offer certain Services to You at no charge, including free accounts, for a trial period, which shall be subject to any additional terms that we specify and is only permitted for the period designated by us.

Miscellaneous

The Terms are personal to You, and are not assignable or transferable by You except with Skillate’s prior written consent. Skillate may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms and neither party has any authority of any kind to bind the other in any respect. All notices under the Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or two days after it is sent, if sent for next day delivery by recognized overnight delivery service.