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× Terms & conditions and privacy policy.

terms of use and privacy policy for talentrack

MASTER AGREEMENT

This AGREEMENT is entered into as on the Effective Date (as defined below) by and between Fame Poster Career Services Private Limited (the “Company” or “we” or “us”) (which expression shall, unless repugnant to the context, be deemed to mean and include its successors, nominees and permitted assigns) and the party identified above as the “User” (also referred to as “you”) (the “Master Agreement”).

  • All capitalized terms not specifically defined herein shall have the meaning assigned to them in the General Terms of Use attached as Annexure 1.
  • This Master Agreement, along with the annexures enclosed, shall collectively form an integral part of the agreement between the parties and should be read in conformity with the General Terms of Use (Annexure 1), and Privacy Policy (Annexure 2).
  • In case of any inconsistencies between the constituent parts of this Master Agreement, the terms set out in the General Terms of Use shall prevail.
  • Effective Date” shall mean the date on which the User completes the registration process on Company’s website or mobile application.

ATTACHMENTS:

1. ANNEXURE 1 – GENERAL TERMS OF USE

2. ANNEXURE 2 – PRIVACY POLICY

By clicking on the "Accept" button below, you agree to be bound by the terms of this Master Agreement. If you do not agree to the terms of this Master Agreement, you are not authorised to use this website / mobile application.

ANNEXURE 1: GENERAL TERMS OF USE

The terms and conditions of use mentioned herein shall apply to all websites owned and/or operated by the Company, including talentrack.in and its associated mobile application, and all other websites, Services and verticals operated by the Company including the use of the Content and/or the Products by the User (collectively the “Websites”). It is clarified that the Terms of Use shall also apply to the use of the Content and/or the Services by the User.

The terms and conditions stated herein, along with the applicable policies and guidelines located throughout the Websites (collectively herein the "Terms of Use") identify what you, as a user of the Websites ("you" or "User") can expect from the Company, and/or persons who provide products or services to the Company either directly or through the Company ("Company Service Providers") or the Websites and/or the Services and what the Company in turn expects from Users.

BY SUBSCRIBING TO OR USING ANY OF THE COMPANY’S SERVICES INCLUDING THE USE OF THE CONTENT AND/OR THE PRODUCTS, ACCESSING ANY AREA ON THE WEBSITES, BROWSING, USING, FRAMING AND / OR LINKING TO THE WEBSITES, YOU ARE EXPRESSLY AGREEING TO COMPLY WITH AND BE BOUND BY THE TERMS OF USE, INCLUDING THE PRIVACY POLICY, AS WELL AS ALL APPLICABLE LAWS AND REGULATIONS WITHOUT ANY LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE AND TO FOLLOW ALL APPLICABLE LAWS, YOU SHOULD LEAVE AND CEASE USE OF THE WEBSITES IMMEDIATELY. THE TERMS OF USE SET OUT ON THE WEBSITES ARE BINDING AS PER THE PROVISIONS OF THE INFORMATION TECHNOLOGY ACT OF 2000 AND RULES/ REGULATIONS PRESCRIBED THEREUNDER. YOU ARE ALSO EXPRESSLY AGREEING TO USING THE WEBSITES KNOWING FULLY THAT IT IS WORK UNDER PROGRESS AND MAY AT PLACES BE LACKING IN SECURITY/USABILITY/PRIVACY FEATURES AS PER INDUSTRY STANDARDS.

  • Introduction
  • The Company through its Websites provides an exclusive hiring platform and services marketplace for media, entertainment, creative and art talent. The Users who are job applicants uploading their User Content on the Websites for the purposes of seeking recruitment shall be referred to as “Talents” and the Users who are industry recruiters or home based individual customers or any other party downloading, accessing or viewing such User Content uploaded by the Talents shall be referred to as the “Industry Recruiters/Home Based Individual Customers”. Use of the Websites is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in the Terms of Use, as may be posted on the Websites or provided along with the Products or otherwise notified by the Company, from time to time. Company in its sole discretion reserves the right to decline a User from registering on the Websites without assigning any reason thereof.
  • Without prejudice to the generality of anything stated elsewhere in the Terms of Use, while using the Websites, Services and/or the Products, you will not (without limitation): Post content or items in an inappropriate category or areas on the Websites; Violate any laws, third party rights and/or our policies; Fail to deliver any payment; Circumvent or manipulate the fee structure, the billing process, or fees owed to Company; Post inaccurate, misleading, defamatory, libellous or false content (including personal information); Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information posted on the Websites or using it for unrelated purposes); Transfer your account (including feedback) and User ID to another party without obtaining express consent of Company; Copy, modify or distribute rights or Content from the Websites; Harvest or otherwise collect information about users (including email addresses) from the Websites without their consent.
  • Registration and User Account Rules
  • Eligibility and Age Restriction
  • As a consideration for the use of Websites, the User affirms, represents and warrants that he or she is 18 years of age or older, or has legal parental or guardian consent and is fully competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set for in these Terms of Use and will use the Websites in accordance with the applicable laws and regulations.
  • Persons below the age of 18 are expressly prohibited from registering with the Websites or posting / submitting personally identifiable information to the Website. In the event of a minor using or registering with the Websites, the responsibility or liability for the minor’s action shall be on his or her parent or guardian. Any parent or guardian who believes that the Website has collected the personally identifiable information of his or her child (under the age of 18) should contact the Company immediately at report@talentrack.in.
  • Username and Password
  • Every User that has registered itself is responsible for (i) keeping his or her account password confidential and secured, (ii) avoiding unauthorized access to such User's hardware; and (iii) keeping the e-mail address associated with that account current (User acknowledges that User will not receive messages from the Company about updates and inquiries or other matters in case the registered email is not functional).
  • User shall be fully responsible for maintaining the confidentiality of the password and account, and for all activities that occur under his or her account. No User shall assist any unregistered person in gaining access to the registration area or subscription products or services of the Websites, or email or messaging accounts.
  • In case of any unauthorised use of the account or password or any other breach of security, the User agrees to notify the Company immediately at report@talentrack.in. The Company cannot and will not be liable for any loss or damage arising from the User's failure to comply with this section or any other part of the Master Agreement.
  • User Conduct and Rules
  • User Account
  • User accounts are not transferable and no User shall use or attempt to use another User's account. No User shall rent, lease, loan, trade, sell or re-sell access to the account or registration area or subscription products or services or in any manner monetise any feature of the Websites.
  • No User shall act dishonestly or unprofessionally, create any false identity or impersonate any other person or identity or upload any misleading information including, without limitation, biographical information, information about current position, qualifications, affiliations, identity, including use of a pseudonym.
  • No User shall represent itself as affiliated with or endorsed by the Company, unless expressly authorised to do so by the Company.
  • The User shall not have any ownership rights or title in the account and in case the account is terminated or deleted, all information, data, content or material associated with that account may be removed from the databases and public areas of the Websites.
  • The User shall be solely responsible for obtaining, all licenses, permits, consents, approvals and intellectual property or other rights as may be required by the user for using the Service offered by the Company.
  • User Content
  • The Users can upload or transmit data, information, images, photographs, graphics, videos, messages, links or other materials to or through the Websites (“User Content”). As a User, you shall be solely responsible for the content submitted to the Websites and by submitting such content you shall represent and warrant that the content belongs to you and does not violate or infringe upon any copyrights, trademarks, moral rights, rights of privacy or publicity or any other intellectual property rights, or any right, title, claim or interest, or any other right of any party or entity.
  • The Company has no obligation to pre-screen or monitor the User Content. However, the Company reserves the right to monitor any or all User Content transmitted or received through the Websites from time to time and it may, in its sole discretion review, censor, delete, move, edit, block access to, or prohibit the transmission or receipt of any User Content in whole or in part, without notice, if such content is obscene, defamatory, libelous, or invades the privacy or violates any right of any person or entity, or is illegal or in violation of the Terms of Use or is otherwise offensive or inappropriate in the opinion of the Company.
  • The User grants without any credit or compensation, a royalty-free, non-exclusive, worldwide, perpetual, unrestricted, irrevocable and fully transferable, assignable and sub-licensable license to host, modify, display, distribute, communicate, disclose, copy, reproduce, translate, create-derivative works of and explore any User Content, in whole or in part or to incorporate it in the works in any form, media, software or technology of any kind now known or hereafter developed or discovered for any purpose whatsoever for the entire term of any rights that may exist in the User Content. The User agrees that the Company may disclose the User’s name in connection with his or her User Content. By providing User Content on the Websites in the public area, you permit any person to access, view, and store such User Content. Subject to the aforesaid, the User owning the User Content shall retain any and all rights existing in the User Content.
  • The Company acquires no title or ownership rights in the User Content submitted to its Websites.
  • The Company’s Websites merely host and provide access to the User Content and do not guarantee or warrant the validity, accuracy, genuineness or credibility of, or in any manner endorse, any User Content. By submitting the User Content, the User expressly represents and warrants that it is correct and complete in all respects and is not false, distorted, manipulated, fraudulent, or misleading in any manner. The Company shall not be responsible or liable in any manner whatsoever in connection with the User Content. By using the Websites, you assume the associated risks and agree to undertake background checks on your own accord to ascertain the bonafide nature and accuracy of the User Content before acting on it.
  • You shall have the sole responsibility to ensure that the privacy settings of your account are as you deem fit to debar or block or restrict access to your User Content by other Users or Visitors.
  • Further, you agree that the Company shall have the right to post the data on the mobile applications or websites or on such other affiliated sites and publications as the Company may deem fit and proper.
  • Restrictions on Use

The User undertakes, warrants and represents NOT to:

  • Use the Websites in a manner that impairs their functioning or harm the interests of the Company;
  • Use content from the Websites for derivative works of commercial nature without the Company's approval;
  • Aggregate, use, copy, duplicate , download, publish, modify, transfer, share, distribute or disclose information of Users without obtaining their consent or any other information, data, or material on the Websites without the Company's consent;
  • Delete, revise, modify or destroy any User Content or information, data or material posted by others;
  • Remove or hide any copyright, trademark or proprietary right notice on the Websites or Services;
  • Upload files that contain software or other material protected by intellectual property laws unless the User owns or controls the rights thereto or has received all necessary consents;
  • Use the Company's name, trademarks, service marks or logos;
  • Except with express consent of the Company, scrape or copy User Content, data or other information of others available on the Websites by use of crawlers, browse plug-in, add-ons or any other technological or manual means;
  • Except with express consent of the Company, copy, modify or create derivative works of, or decompile, decipher, disassemble reverse engineer or by any mode attempt to obtain or derive the source code of the Websites, the Services or any related technology;
  • Create or operate a pyramid scheme, fraud or similar practice;
  • Establish any deep link or other connection to any specific page of Websites (except the homepage), without obtaining prior consent of the Company;
  • Bypass or interfere with the security features of the Websites and the Services through any means or engage in framing, mirroring or stimulating the appearance or function of the Services;
  • Use data miner, spider, crawler, scraper, robots or other automated software/devices, data gathering or extraction methods, to access, index, navigate or explore the Websites or its Services, add or download contact information or send or redirect messages;
  • Hamper or interfere with the operations of Websites or any of its Services in any manner, including placing unreasonable load on the Services by enabling high volume, automated, electronic processes, spam, viruses, gaming algorithm, or denial of service attack;
  • Post jobs or User content on the Websites that contain any hyperlinks, email addresses, HTML Tags, or hidden keywords or any keywords that are irrelevant to the job or are otherwise misleading;
  • Defame, abuse, harass, stalk, threaten or harm another person in any manner, including by sending spam or unwelcomed/unsolicited communications through emails, phone calls, fax or any other mode;
  • Solicit passwords, personally identifiable information or sensitive personal information from other Users
  • Create account, use the Services, post or upload User Content, information, data, links or material that promotes escort services or prostitution, is indecent or sexually exploitative;
  • Upload, post, transmit, update, publish or distribute or share any material or information to the Websites that:
  • is unlawful, or which may potentially be perceived as being harmful (including any virus), harassing, blasphemous, threatening, hateful, libellous, disparaging, defamatory, obscene, scandalous, inflammatory, pornographic, indecent or profane, racially or ethnically objectionable;
  • is invasive of another’s privacy;
  • is paedophilic or harms minors in anyway;
  • encourages money laundering or gambling, threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, public order or causes incitement to commission of any cognisable offence or prevents investigation of any offence or is insulting any nation; or
  • could constitute or encourage a violation of any law or is otherwise objectionable or menacing in nature.

Any such content may be deleted or removed by the Company without notice and the Company may cancel any registration or terminate the account on the Websites at any time, without notice or liability, for any reason, including if technical problems, irregularities or misuse occurs. Further, the user agrees to indemnify the Company for all losses incurred by the Company due to any false, distorted, manipulated, defamatory, libelous, vulgar, obscene, fraudulent or misleading facts or otherwise objectionable averments made by the user on the Websites of the Company.

The User/Visitor to the Websites does hereby specifically agree that he or she shall, at all times, comply with the requirements of the Information Technology Act, 2000 as also rules, regulations, guidelines, bye laws and notifications made thereunder, while assessing or feeding any User Content, information or data into the computers, computer systems or computer network of the Company. The said User/Visitor to Websites does further unequivocally declare that in case he or she violates any provisions of the Information Technology Act, 2000, and/or rules, regulations, guidelines, byelaws and notifications made thereunder, he or she shall be solely responsible for all the acts, deeds and things and any liability arising out of such acts, deeds and things or any other law for the time being in force.

  • Additional Conditions for Talents
  • Your account shall be used by and any User Content or information or data on your account shall be fed or updated by you alone. You shall not post resume or create portfolio or apply for a job on behalf of another party. You represent and warrant that your User Content is your own and is accurate and describes you as a person. You undertake that you shall have the sole responsibility for the form, content, and accuracy of the User Content placed by you on the Websites.
  • The Company does not guarantee or warrant a satisfactory response or any response at all to the portfolio or resume or User Content uploaded by any Talent.
  • The Company does not guarantee or warrant the credentials of any prospective Industry Recruiter or Home Based Individual Customer registered on the Websites. It shall be the Talent’s sole prerogative to ascertain the genuineness of any Industry Recruiter or Home Based Individual Customer.
  • You shall not defer any contact from Industry Recruiter or Home Based Individual Customer to any agent, agency or third party.
  • Additional Conditions for Industry Recruiters / Home Based Individual Customers
  • You undertake not to use the User Content uploaded by the Talents for any purpose other than as a recruiter, employer or hirer of their Services.
  • You shall be solely responsible for the job posting on the Websites and the Company shall not be liable for any employment decisions, for whatsoever reason, made by any User posting jobs on any of the Websites.
  • You shall not, except where permitted by the Company, sell, promote, or advertise products or services.
  • You shall not post any job which is not in compliance with the local, national, and international laws, including, labour and employment laws, equal employment opportunity, eligibility requirements, data privacy, intellectual property and data access, etc.
  • You shall not post any job that seeks sexual services or promotes prostitution or escort services or request use or donation of any human body parts, including reproductive services such as surrogacy or egg donation.
  • You shall not post any job that requires the Talent to endorse or affiliate with a particular political party, political agenda, political position / issue, or religion or religious group.
  • Except when allowed by applicable law, you shall not post jobs that require the applicant to provide information relating to his /her racial or ethnic origin, political beliefs, philosophical or religious beliefs, health, membership of a trade union, sexual life, the commission of criminal offences or proceedings.
  • You undertake not to post any job for any competitor of the Company or its Websites or post or upload content that provides link to any competitor of the Company.
  • You shall not transmit, distribute, post, store or destroy any content, data or information on the Websites in violation of any applicable law or regulation or these Terms of Use. You undertake to take all measures to protect the content, data or information received from the Websites from any loss, misuse, unauthorised access, disclosure, alteration or destruction
  • The Company reserves the right to restrict the number of emails or messages which you may send to Users to a number which the Company deems appropriate in order to curb spam, commercial advertising and solicitation.

The foregoing conditions and restrictions shall not be considered an exhaustive list of prohibited or restricted activities.

Any unauthorized use of the Websites, the Content or any portion or derivative thereof, or any use that impairs the interests of the Company or other Users, violates any code of conduct or other guidelines, or violates, abuses, unethically manipulates or exploits, any terms and conditions of the Terms of Use or other terms and conditions available elsewhere on the Websites, or such attempted use, as the case may be, shall immediately terminate any right or permission granted by the Company in terms hereof. Company reserves all rights.

  • User Warranty and Representation

You guarantee, warrant, and certify that you are the sole and exclusive owner of the content which you submit on the Websites or are otherwise authorised to use such content and that such content does not infringe upon the property rights, intellectual property rights or other rights of others. You will solely be responsible for any content that you provide or upload when using the Websites, including any text, data, information, images, photographs, music, sound, video, ideas, concepts, or any other material which you may upload, transmit or store when making use of the Websites. However, with regard to the product customization Service, if any, you expressly agree that by uploading and posting content on to the Websites for public viewing and reproduction/use of your content by third party users, you accept and grant a non-exclusive license for the use of the same. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by the Company.

  • Credit Card Usage or Transactions and Payment

The User is solely responsible for maintaining confidentiality of the user password and identification and all activities and transmission performed by the User through the user identification and shall be solely responsible for carrying out any online or off-line transaction involving credit cards or debit cards or such other forms of instruments or documents for making such transactions. Company shall not have any responsibility or liability for their improper use of information relating to such usage of credit cards or debit cards used by the subscriber online or off-line.

The Company shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the user's account or information relating to or regarding online transactions using credit cards or debit cards or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used whether or not in pursuance of a legal process or otherwise.

Payments for the services offered by the Company shall be on fully (100 percent) advance basis. The Company normally follows a no-refund policy. The Company normally follows a no-refund policy. Refund if any will be at the sole discretion of the Company. Company offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the User's bank account. The Company as a merchant shall not be liable for any loss or damage, arising directly or indirectly, out of decline of authorization for any Transaction on account of the cardholder having exceeded preset limit mutually agreed by the Company with its acquiring bank from time to time. Further, the Company gives no guarantees of server uptime or applications working properly. The Company shall act on a best effort basis and liability is limited to refund of amount only.

The Company undertakes no liability for free services.

  • Spam

User undertakes that Services offered by the Company shall not be used to indiscriminately and repeatedly upload, post, email, send, forward, transmit, or otherwise make available, unsolicited bulk or commercial emails or messages, whether directly or indirectly.

The Company shall endeavour to abide by the International Best Practices for eliminating Spam. The Company reserves the right to monitor, filter and block such emails or messages sent by any User using the Company's servers to relay such emails or messages. Any violation of this Section shall entitle the Company to terminate all Services to the User without notice and forfeit any amounts paid by him.

  • Links to and from Third Party Websites

The Websites may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of the Company or the Website and Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Linked Sites are not under the control of the Company and the Company is not responsible for and makes no representations or warranties concerning the contents of any Linked Site or any link contained in a Linked Site and Company is not responsible for any form of transmission, whatsoever, received by you from any Linked Sites. Company provides links to Users only as a convenience and the inclusion of any link does not imply endorsement, investigation or verification by the Company of the Linked Sites. If User decides to access any of the Linked Sites, User does so entirely at its own risk. Company reserves the right to terminate any link or linking program at any time, without prior notice. Users are advised to consult the terms of use, other policies and agreements of each Linked Site they visit. In the event that User has a dispute with any such third party, User hereby releases the Company from any and all claims, demands, and damages pursuant to the relevant provisions contained herein.

There may be circumstances where access to the Websites is provided by a hypertext link located at another web site. Company does not make any representations or give any warranties with respect to any information contained in or at these other sites and the Company shall not be liable for any damages or injury arising from the content of other sites. Company does not endorse the individuals, companies, or other similar entities, or any products or associated materials, which provide a link to the Websites. Unless explicitly approved by the Company in writing or otherwise, you agree not to: (a) provide or create a link to the Websites; and (b) create any frames at any other web sites pertaining to any of the Content located at the Websites.

  • Intellectual Property

Company, or third parties who have licensed their content to the Company or contributed to the Websites (“Content Owner”), own or license from third parties all Content including without limitation all course material, software, text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, digital streams, data compilations, etc. All Content remains the sole property of the applicable Content Owner and is protected under relevant copyright, trademark and other applicable laws. Nothing on the Websites should be construed as granting any license or rights to use or distribute any Content, except as expressly set out herein or otherwise with the express written agreement of the relevant Content Owner, as the case may be.

The trademarks, logos, and service marks, and other names, logos, and icons identifying the Company’s products and services (collectively, "Trademarks") displayed on the Websites, are registered and unregistered Trademarks of the Company, its affiliates, suppliers or others. Certain portions of the Websites may be identified as being the subject of a specific copyright held by an entity other than the Company and, as such, may not be copied without the permission of the holder of the copyright.

  • Indemnification

User agrees to indemnify, hold harmless, and defend Company and each of Company Service Providers including its advertisers, licensors, suppliers, officers, directors, investors, employees, agents, service providers and other contractors (collectively, "Company Indemnified Parties") from any and all claims (including third party claims), causes of actions, proceedings, liabilities, damages, or other demands (including reasonable attorneys' fees, accounting expenses, and legal costs), arising from or related to (a) your (or any user of your account) access to or use of the Websites and Services, including, without limitation, your or others' access of Content by means of Websites or third-party web sites, or your purchasing of goods or services from third parties or Company; (b) your violation or breach of the Terms of Use, including, without limitation, any representation or warranty contained in the Terms of Use; or (c) your User Content or provision to Websites of information or any other products, postings, offerings, data or content. Company Indemnified Parties will have the right, but not the obligation, to participate, through counsel of their choice, in any defence by User of any claim as to which User is required to defend, indemnify or hold harmless the Company Indemnified Parties ("Indemnified Claim”). User may not settle any Indemnified Claim without the prior written consent of the concerned Company Indemnified Parties. Company reserves the right, at your expense, to assume the exclusive defence and control of any matter subject to indemnification by you in terms hereof.

  • Pricing

Prices for products/Services offered by the Company are described on the Websites and are incorporated into the Terms of Use by reference. Unless specified otherwise, all prices are in Indian Rupees. Prices, products and Services may change at the discretion of the Company. In addition to the rates for the products or services, Users shall pay all applicable fees, duties, tolls, surcharges, or governmental taxes now or hereafter imposed that are attributable to the products or services purchased by you and included on invoice and any reasonable expense incurred by the Company relating to such assessments.

  • Termination, Suspension and Restrictions on Usage

Company may issue a warning, temporarily suspend, indefinitely suspend or terminate any User's right to use or access all or any part of the Websites including any account thereon, without notice, for any reason in Company's sole discretion, including without limitation violation of the Terms of Use, Company’s belief that such access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to, Company, any Company Service Provider or another User. Further, your account may be terminated after significant duration of inactivity.

The Terms of Use will survive indefinitely unless and until the Company chooses to terminate the same which decision shall be communicated by the Company in writing.

If you or the Company terminates your use of the Websites or any Service, for any reason whatsoever, Company may delete any Content or other materials relating to your use of the Websites and/or the Services and the Company will have no liability to you or any third party for doing so. You shall be liable to pay for any Services or Product that you have already ordered till the time of termination by either party.

In certain cases, in Company's sole discretion, Company may provide written notice (a "Restriction Notice") to a User (a "Restricted User") to inform such Restricted User that (i) his or her right to use or access any part of the Websites has been terminated including the right to use, access or create any account thereon; (ii) that Company refuses to provide any Services to such Restricted User; and (iii) any subsequent or pending orders placed by a Restricted User will be subject to cancellation. Other conditions may apply and shall be set forth in the relevant Restriction Notice.

  • Governing Law

The Terms of Use shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles. Any dispute or differences arising out of or in connection with this Master Agreement shall be resolved by binding arbitration of the sole arbitrator appointed by the Company. The courts at New Delhi shall have exclusive jurisdiction.

  • Disclaimers and Limitation of Liability

The information contained on the Websites and/or provided pursuant to the Services is provided on as "as is" and "as available" basis without any warranty or representation of any kind, either express or implied including but not limited to those of merchantability, fitness for a particular purpose and non-infringement, accuracy, authority, completeness, usefulness and timeliness. To the fullest extent permissible by applicable law, Company and each Company Service Provider disclaims all implied warranties, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Company does not warrant or guarantee the accuracy, reliability or legality of any of the information on the Websites and/or provided pursuant to the Service. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of the Websites at any time. The subscription of a User shall be subject to quotas as applicable and may change without notice.

Without limiting the foregoing, neither Company nor any Company Service Provider makes any representation or warranty of any kind, express or implied: (i) as to the operation of the Websites and/or the Services, or the information, content, including digital content and User created content, and Content or products/services included thereon; (ii) that the operation will be uninterrupted or error-free or free of any virus, computer contaminant, worm or other harmful components ; (iii) as to the accuracy, reliability, or currency of any Content, information, content, including digital content and User created content, Services, or Products provided through the Websites and/or the Services; or (iv) that the Websites and/or the Services, its servers or e-mails sent from or on behalf of Company are free of viruses, scripts, trojan horses, worms or other harmful components.

The subscription agreement between the Company and Users is not a "non-poach agreement" and shall not be termed or used as an alternative to "non-poach agreement". The Websites are public websites and all information posted by the Company shall be in public domain, except such information or data which the User or the Company specifically assigns to be of a private character.

The agreement of Service entered into between the Users and the Company shall not confer exclusivity of service to any User.

The Company shall not be party to any legal proceedings between Users who connect through the Websites. In case the Company is implicated in any legal proceedings, the costs will be recovered from the party that names the Company. However, the Company will in all circumstances abide by any court order served on through due process of law

If any person, whether or not registered with the Company's Websites, receives a spam or virus including a link to the Websites maintained, operated or owned by the Company, the Company shall not be responsible or liable in connection with such spam or viruses.

The Company does not have or operate through any agents except for those specifically mentioned on the homepage of the Websites. Additionally, notwithstanding anything contained herein, the provision of Services by the Company through its mobile applications or Websites shall not be construed as acting as an agent on behalf of the User.

UNDER NO CIRCUMSTANCES SHALL COMPANY OR ANY COMPANY SERVICE PROVIDER BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE WEBSITES AND/OR THE SERVICES, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE WEBSITES AND/OR THE SERVICES, EVEN IF COMPANY OR ANY COMPANY SERVICE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, INCLUDING DIGITAL CONTENT AND USER CREATED CONTENT, CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITES. IN ANY EVENT, COMPANY’S LIABILITY SHALL BE CAPPED TO THE EXTENT OF THE FEES RECEIVED BY IT FROM THE USER.

The Company reserves its right to amend or alter or change all or any disclaimers or terms of agreements at any time without any prior notice. All terms or disclaimers whether specifically mentioned or not shall be deemed to be included if any reference is made to them.

  • General Terms
  • Privacy Policy: The User hereby consents, expresses and agrees that he/she has read and fully understands the Privacy Policy of the Company. The User further consents that the terms and contents of such Privacy Policy are acceptable to him/her.
  • Change in terms: The User agrees and acknowledges that the Company shall have the sole discretion, at all times, to change/alter/modify the General Terms of Use, the Privacy Policy and/or the User Content. The Company shall have the sole discretion, at all times, to remove and/or change any User Content. The User shall refer to the website for updated information in relation to the Terms of Use and Privacy Policy.
  • Acknowledgment: The Terms of Use, including all documents referenced herein, represents the entire understanding between User and the Company regarding User's relationship with Company and supersedes any prior statements or representations. Headings used in the Terms of Use are for reference only and shall not affect the meaning of any terms. "include” and “including” shall be construed without limitation.
  • Severability: If any provision of the Terms of Use is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of the Terms of Use shall continue to be in full force and effect.
  • Modification: Company may without notice to you, at any time revise and update the Terms of Use, the Privacy Policy and any other information contained in the Websites by updating this posting. Company may also make improvements and/or changes in the Products, Services or programs described in the Websites at any time without notice. While the company shall ensure that notice of the changes is posted on the Websites' homepage for a reasonable period of time and registered Users are notified through an email sent to their registered email address, the User shall be responsible for reviewing the changes to these Terms of Use. Access or continued usage of the Websites after the notification of changes shall be deemed to be acceptance of such changes by the User. In case you do not agree with the changes, you should leave and cease use of the Websites immediately. All the amendments to the Terms of Use shall apply prospectively from the date of amendment or modification, and amendment or modification to any dispute resolution procedure shall not apply to any dispute of which the parties had actual notice on the date of the amendment or modification.
  • Relationship: Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between Company or the Websites and any User nor do the Terms of Use extend rights to any third party.
  • Assignment: In the sole discretion of Company, Company may assign the Terms of Use, in whole or in part, by providing notice in accordance with the notice provision contained in the Terms of Use. User may not assign the Terms of Use, in whole or in part, without Company's prior written consent.
  • Survival: The provisions herein dealing directly or indirectly with intellectual property, disclaimers of warranties, limitation of liability, compliance with laws and regulations, security, dispute resolution and use restrictions and prohibitions continue to apply and shall survive the termination or expiration of any relationship between you and Company.
  • Report Abuse: As per Terms of Use, Users are solely responsible for every material or content uploaded on to the Websites. If you come across any abuse or violation of the Terms of Use, please report to report@talentrack.in.

ANNEXURE 2: PRIVACY POLICY

This Privacy Policy applies to personal information that may be collected when you interact with Company or its Websites. Protecting the privacy and security of your personal information is a priority, and we believe that a single, comprehensive privacy policy that is straightforward and clear is in the best interests of our users, customers and our businesses. As a result, as of the Effective Date this Privacy Policy replaces the privacy policies of the Company and all other websites, mobile applications, services and verticals operated by the Company (collectively the “Websites”).

By doing business with or interacting with the Company in the manner described in this Privacy Policy at any time on or after the Effective Date, you are accepting the practices described in this Privacy Policy and you expressly consent to the application of this Privacy Policy to the collection, storage, use and disclosure of all your personal information as described herein. If you do not agree with the terms and conditions of this Privacy Policy, please do not use or access the Websites.

Company reserves the right to modify or amend this Privacy Policy at any time, but you can be assured that, should it be necessary to do so, we will always do so in accordance with the principles of clarity, security and integrity. Any change, update, or modification will be effective immediately upon posting on the Websites. We will notify you of any material change to this Privacy Policy by posting a notice on the Websites’ homepage for a reasonable period of time following such update, and by updating the effective date. Be sure to periodically review the Privacy Policy to ensure familiarity with the most current version.

This Privacy Policy addresses the following questions

1. What is the personal information that we collect? 16

2. Why do we collect personal information? 18

3. How do we use your personal information? 19

4. With whom do we share your personal information? 19

5. How do we secure your personal information? 21

6. How do we respect your choices about your personal information? 22

7. Online Interactive Community and Community Users 22

8. Data Retention and Deletion/Closing of Account 22

9. Procedure to update Information/ Questions, comments and enforcement 23

10. General Terms 23

  • What is the personal information that we collect?

Personal information is information that can be used to identify, contact or locate you. Users will have to register online to access and use various features of the Websites including talent exchange, marketplace and social network. During registration, Users will have to provide information in the following categories: name, gender, city, date of birth, email address and mobile number. In addition to this, the Users may provide other categories of information, such as detailed information about their talent or recruitment/hiring opportunity.

If you do not want your personal information collected, please do not submit it - but then you might not be able to participate in our services or offerings. We categorise information about you (collectively referred to as "Personal Information") as follows:

  • Profiling Information: Information which you provide at the time of registering for a Service, which may include some or all of the following: Information about your personal identity such as name, gender, age, marital status, preferences, photographs, videos, likes and dislikes etc.; Financial information such as your bank account details and related information; and contact details such as your physical addresses, postal addresses, telephone, email and fax numbers. In the case of Facebook aligned services (if so opted by you), publicly available information of your friends, their likes and dislikes, etc.
  • Payment and Account Information: Your account history with us including (without limitation) all billing information and communications, payment history etc. We maintain this in encrypted form on secure servers.
  • Background Information

Service Usage: Information about your navigation using our Services, for example the URLs of websites, which you visit and from which you request downloads.

Log Information: Information such as your email address, web request, IP address, mobile/tablet/computer device, browser type, browser language, date and time of request and time spent on any part of the platform, domains visited prior to and after visiting the Websites.

  • Transactional Information: Transactional history (other than banking details) about your e-commerce activities.
  • Correspondence Information: Content, information about your correspondents, and the destination/origin of communications between you and any other person using our Services, which include email communications, blog, chat room and discussion board communications, instant message communications, experts forum communications, fax mail communications, membership of mailing lists etc.
  • User IDs: Your usernames, passwords, email addresses and other security-related information used by you in relation to our Services.
  • Stored Information: Data either created by you or by a third party and which you wish to store on our servers such as image files, videos, documents etc. We only collect your Personal Information to conduct our business and to enable us to deliver and improve our Services.

We do not intentionally collect any sensitive personal information via the Websites unless legally required to do so. Sensitive personal information includes password, financial and credit information such as bank account or credit card or debit card details, physical, physiological and mental health condition, sexual orientation, medical records and history, biometric information, deoxyribonucleic acid data, sexual preferences and practices, political affiliation, commission or alleged commission, of any offence, ethnicity, religion, race or caste, etc. The Company works to protect the confidentiality and security of such information it obtains in the course of business. Access to such information is limited and policies and procedures are in place designed to safeguard the information from loss, misuse and improper disclosure.

  • Why do we collect personal information?

We collect your personal information in an effort to provide you with a safe, efficient, smooth and superior user experience and, as necessary, to administer our business. It allows us to provide you with easy access to our products and services, with a particular focus on the items and programs that may be of most interest to you. Importantly, we only collect personal information about you that we consider necessary for the following reasons:

  • We need your identity details, contact details, banking information and account history to manage our relationship with you and provide Services to you. We may use this information for suggesting potential recruiters/hirers or Talents, updates and promotional offers and schemes. We will only disclose this information as provided in this Privacy Policy.
  • We use certain of your information in an aggregated form to compile statistical and demographical profiles for our business and marketing activities.
  • We collect and store your service usage and transactional information to: (i) determine and verify the charges payable by you and to administer our relationship with you; (ii) comply with statutory or regulatory requirement; (iii) compile statistical and demographical profiles about you for our business and marketing activities and to customise our Services to you; and (iv) monitor your use of our Services for the purposes of ensuring compliance with our Terms of Service.
  • We collect and store your service usage and transactional information to: (i) determine and verify the charges payable by you and to administer our relationship with you; (ii) comply with statutory or regulatory requirement; (iii) compile statistical and demographical profiles about you for our business and marketing activities and to customise our Services to you; and (iv) monitor your use of our Services for the purposes of ensuring compliance with our Terms of Service.

Any Personal Information which we collect and which we may use in an aggregated format ensuring you are not individually identified is our property. We may use it, in our sole discretion and without any compensation to you, for any legitimate purpose including (without limitation) the commercial sale thereof to third parties. Sometime we use “cookies” so that we can provide you with more customised information when you return to our website. “Cookies” are used to store user preferences and to track user trends, so as to enhance your interactive experience and generally improve our Services to you. You can set your browser to notify you when you send a “cookie”, giving you the chance to decide whether or not to accept it. If you do accept a “cookie”, you thereby agree to our use of any Personal Information collected by us using that Cookie. You may update your Profiling Information at any time on the website.

For more information as to why we collect personal information, please see the section below entitled: "How do we use your personal information?"

  • How do we collect your personal information?
  • Information that you provide to us: As a general matter, you can browse on the Websites without submitting your personal information to us. However, there are a number of circumstances in which you may need to provide us with your personal information. The most common of these circumstances include without limitation: Creating and maintaining online account or joining an online interactive community or social network; Creating your online profile to accessing talent exchange and marketplace; Submitting a user review or other user-created content; Participating in any offers on the Websites; Signing up for newsletters and alerts; Events; Surveys; Contacting Customer Care Centre at hello@talentrack.in.
  • Information automatically collected: There are circumstances in which we automatically receive and collect personal information from you. The most common of these circumstances include without limitation: Cookies; Using pixel tags or clear Graphics Interchange Format files, known as GIFs; Occasionally from business partners, contractors, shared databases, and other third parties.
  • How do we use your personal information?

Company uses your personal information to provide you with a safe, efficient, smooth and superior user experience through the Websites and, as necessary, to administer our business. We may combine the information you provide us online and physically. For example, we use your personal information to (without limitation): Provide for talent search, service provider matching services, and other products/ services and information, including the Websites and online interactive communities, content and software, and display associated content and advertising; Provide superior user experience by customising the platform according to your preferences; Conduct research by aggregating demographic data and related usage information, perform quality testing and analysis in order to measure, maintain, protect, develop and improve our services and for disclosure to third parties such as advertisers and partners; Administer sweepstakes, contests, promotions or surveys; Communicate with you about special offers, events, or new products or services that may be of interest to you; Customize and enhance our Websites and advertising; Make communications necessary to notify you regarding security, privacy, and administrative issues; Manage our business.

  • With whom do we share your personal information?
  • Protecting the privacy and security of your personal information is a priority for the Company. From time to time we may reveal general statistical information about our Websites and visitors, such as number of visitors, number and type of goods and services, etc. Your trust and confidence are our highest priority.
  • The Company or its Websites do not lease, sell, or share personal information about the Users with other people or non-affiliated companies except to provide services a User has requested, when expressly permitted by the User to do so, or under certain partnership agreements or as required by law.
  • The Company may share your personal information with (without limitation):
  • Other entities owned by the Company, including subsidiaries, affiliates and joint ventures of the Company. We share your personal information within the Company enterprise to help to ensure that you have a superior user experience.
  • Service providers, subcontractors and agents who perform services on our behalf. We may also use third parties that we refer to as internal service providers to facilitate or outsource one or more aspects of the business, product and service operations provided to you on the Websites and therefore we may provide some of your personal information to directly to these third party service providers, subcontractors, and agents that work under contract on our behalf to provide certain services. These internal service providers' are subject to confidentiality agreements with us and other legal restrictions that prohibit their use of the information we provide them for any other purpose except to facilitate the specific outsourced Websites related operation, unless you have explicitly agreed or given your prior permission to them for additional uses. In some instances, the internal service provider may collect information directly from you (such as for website surveys, events, etc.). In these cases, you will be notified of the involvement of the internal service provider, and all additional information you provide them and their additional uses will be strictly up to you. If you provide additional information to an internal service provider directly, then their use of your personal information is governed by their applicable privacy policy. Company does not endorse and is not responsible for the privacy practices of these internal service providers' websites. You should review the privacy policy posted on their website to understand how that internal service providers' website collects and uses your personal information.
  • In addition to the internal service providers' web sites that you may access as described above, for your convenience there are linked to third party web sites operated by companies that are not affiliated with the Company and that do not have contracts to provide content or services through the Websites. These links may be found in advertisements, referenced within content, or placed beside the names or logos of sponsors. Company does not disclose your personal information to these third party websites without obtaining your consent. Company does not endorse and is not responsible for the privacy practices of these sites. If you choose to link to one of these third party web sites, you should review the privacy policy posted on this other website to understand how that third party website collects and uses your personal information.
  • Law enforcement officials and as required by law. Company will be bound to share your personal information, including sensitive personal information, to Government agencies mandated under the law to obtain such information for the purpose of verification of identity, or prevention, detection, investigation, prosecution and punishment of offences or cyber security incidents. Further, the Company may release personal information, including sensitive personal information, to third parties when we determine, in our judgment, that it is necessary to (a) comply with the law, regulation, legal process, or enforceable governmental request; (b) enforce or apply the terms of any of our policies or Terms of Use; or (c) protect the rights, property or safety of Company, our employees, our customers, users, or others.
  • Sales, Mergers, and Acquisitions. If Company becomes involved in a merger, acquisition, or any form of sale of some or all of its assets, personal information may be provided to the entities and advisors involved subject to a confidentiality agreement, and we will provide notice before any personal information is finally transferred and becomes subject to a different privacy policy.
  • Others: We may also disclose information about you if we determine that disclosure is reasonably necessary to enforce our terms and conditions or protect our operations or users.
  • If we are required to intercept, disclose, monitor and/or store your personal information: (a) by law; (b) to conduct our business; (c) to secure our systems; or (d) to enforce our own rights, we will do so in the manner as prescribed by law. Such interception, disclosure, monitoring and storage may take place without your knowledge. In that case, we will not be liable to you or any third party for any damages howsoever arising from such interception, disclosure, monitoring and storage. In order to ensure that all our users comply with the Terms of Use, we may monitor your personal information to the extent that this may be required to determine compliance and/or to identify instances of non-compliance. To ensure that the security and integrity of our Services are safeguarded, we may monitor your personal information. This monitoring may include (without limitation) the filtering of incoming and outgoing electronic data messages to identify, limit and/or prevent the transmission of spam, viruses and/or unlawful, defamatory, obscene or otherwise undesirable material or content.

ANY INFORMATION POSTED IN THE PUBLIC AREAS OF THE WEBSITES MAY BE ACCESSED, USED, COPIED, OR STORED BY ANY PERSON OR USER AROUND THE WORLD. IF YOU DO NOT WISH ANY INFORMATION TO BECOME PUBLIC, PLEASE DO NOT POST OR IF ALREADY POSTED, DELETE OR REMOVE SUCH INFORMATION FROM THE PUBLIC AREAS OF THE WEBSITES.

  • How do we secure your personal information?

We take significant, appropriate and all reasonable security measures, including physical, technological, administrative and procedural measures, to help to safeguard your personal information and to prevent unauthorized access and disclosure. In addition, we use industry-standard technology, such as firewalls and encryption in the transmission of certain sensitive personal information, designed to prevent unauthorized persons from gaining access to your personal information. To prevent any unauthorized access, maintain data accuracy, and ensure correct use of information, we will employ reasonable and current Internet security methods and technologies.

We want you to feel confident whenever you visit us our Websites. While we are focused on the security of your personal information and follow strict standards, processes and procedures that are designed to protect your personal information, we cannot promise, and you should not expect, that your personal information will remain secure and private in all circumstances. By way of example (without limiting the foregoing), third parties may unlawfully intercept or access transmissions or private communications, or users may abuse or misuse your personal information that they collect from the Website. You shall be responsible for protecting your account username and password and not share any confidential information through any means of communication that is not encrypted.

  • How do we respect your choices about your personal information?

When you interact with the Company in certain ways, you may be eligible to receive certain marketing-related and promotional communications as well as special offers (collectively "Promotional Communications") that may include advertisements from third parties. If, at any time, you wish to no longer receive promotional communications from the Company including the Websites, the Company member program and other verticals operated by the Company, please contact our Customer Care Centre at hello@talentrack.in.

Even if you opt-out of receiving promotional communications, you may continue to receive e-mails relating to order confirmations, back order notifications, membership information, and/or other business-related communications. Although the primary purpose of these emails is not to provide you with promotional material, they may contain within them some promotional material.

Further, the Company may also use your Contact information to send updates about the Websites, free informational newsletters, and notifications sent, including, but not limited to opportunities, tips and news. Certain notifications, update messages and newsletters are part of the Services provided by the Company and you may not be able to opt out of receiving them.

  • Online Interactive Community and Community Users

Some of our Websites may enable you to participate in public services and social networking such as discussion boards, chats, communities and live events. Please use discretion when posting personal information about yourself when using these services. Be aware that when you disclose personal information at these sites, such as your name, member name, photograph, e-mail address, etc., the information may be collected and used by others to send unsolicited e-mail.

Please be advised that the Company may archive information it collects on its community and visitors. Additionally, by participating in the Websites online interactive community, and using Websites' various interactive offerings, you agree to receive communications from the Company, other users, and moderators related to the provision of these services. The interactive services are open to the public, and what you post there can be seen by anyone and is not protected. Company cannot control the comments that you may receive while you participate in these services. You may find other people's comments to be offensive, harmful or inaccurate.

  • Data Retention and Deletion/Closing of Account

The personal information that you provide us is retained during the existence of your account to provide the services requested by you. Such information may also be retained after termination or deletion of your account as long as necessary, if retention is necessary for compliance with legal and regulatory requirements, prevention of fraud and abuse, dispute resolution between Users or for enforcement of the Terms of Use.

Save as aforesaid, your account information will generally be removed from our Websites within 72 hours and any logs or back-up information associated with your account shall be depersonalised or anonymised within 30 days. However, any information such as messages or group content that you may have shared with other Users or they may have copied may remain visible even after deletion or closing of account. Additionally, any information exported out of the Websites may not be accessible to you as it would be beyond the Company’s control.

For the purposes of security, debugging and site stability, we may retain the webserver logs for a period of 60 days.

  • Procedure to update Information/ Questions, comments and enforcement

You have the right to access, modify, rectify or delete your personal information or User Content. We maintain a procedure in order to help you confirm that your personally identifiable information remains correct and up-to-date or choose whether or not you wish to receive material from us or some of our partners. You may also update your personally identifiable information by logging on the Websites and visiting your user account page. You may also contact us at hello@talentrack.in. We try to answer every email promptly, but may not always be able to do so. Keep in mind, however, that there will be residual information that will remain within our databases, access logs and other records, which may or may not contain your personally identifiable information.

  • General Terms
  • Protecting Children’s privacy: Company believes in protecting the privacy of children and does not knowingly collect or maintain personally identifiable information on the Websites from any person under the age of 18 years, and no part of the Websites is directed for persons under the age of 18 years.

    If you are under the age of 18 years, please do not use or access the Websites at any time or in any manner except with the express consent of / through your legal guardian or parent. We will take appropriate steps to delete any personally identifiable information of persons under the age of 18 years that may be collected without verified parental consent upon learning of the existence of such information.
  • Severability: If any provision hereof is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions hereof shall continue to be in full force and effect.
  • Grievance Officer: In case of any breach of privacy or for any other complaints, you may contact our Grievance Officer at :
    Vikas Misra
    Fameposter Career Services Pvt Ltd
    A1-406, Ansal Corporate Park, Sector 142, Noida
    vikas@talentrack.in
    Tel: 0120-6888054

    For any other questions or queries about this Privacy Policy, please contact us at report@talentrack.in or Customer Care Centre at hello@talentrack.in.