Introduction

Ridsam HR Tech Solutions Pvt. Ltd. (“Ridsam”) general terms and conditions describes the way Ridsam will meet its legal obligations and requirements concerning services offered, confidentiality and information security

Definitions

• Candidate means any individual introduced by company to the client for recruitment or consultancy purposes
• Client means any organization or individual engaging company’s services
• Company means Ridsam HR Tech Solutions Pvt. Ltd. “RidSam”
• Consent means the voluntary, specific and informed expression of will;
• Data Subject means the natural or jurisdistic person whom the Personal Information relates to
• Direct Marketing is defined as approaching a Data Subject personally for the purpose of selling them a product or services, or requesting a donation;
• Entity means a business, organisation or individual that is recognised by law as having separate legal right, responsibilities and is required to meet legal obligations as set by local and state laws.
• Facilitator means a neutral independent person or team or an entity affiliated to Ridsam;
• Personal Information means any information relating to an unidentifiable, living, natural person or an existing juristic person as defined under local governmental regulations;
• Platform means ridsam.com
• Processing Information means an operation or activity, weather or not by automatic means, concerning Personal Information;
• POPI means Protection of Personal Information;
• User means any individual or candidate or client or an entity

Scope

This general terms and conditions applies to all company employees, directors, entity and any other individual that provides or seeks services of the company. All the provisions are applicable to both on and offsite activities and services.

POPI

Company strictly adheres to the principles of Protection of Personal Information, collects and uses all the relevant information of the individual and the entity with whom it works inorder to operate and carry out business effectively and does not share personally identifiable data of any individual /candidate /client / entity without obtaining permission except with those acting as Companies affiliates or to any legal process, such as a court order or subpoena. Company regards the lawful and appropriate processing of all data is crucial to successful service delivery and essential to maintaining trust between Company and its service users. However, Company does not guarantee confidentiality of information provided to it by the user acquiring/using all/any information displayed on the platform or any of its other affiliate’s platform.

Intellectual Property

All the contents on the platform including but not limited to texts, images, logos and software is owned by or licensed to the Company.

The user shall not utilize the services offered by the Company in any manner so as to impair the interests and functioning of the Company.  Without prior authorization, the user undertakes not to duplicate, download publish, modify and distribute any materials and information.

Company services and products that is subscribe to or used (whether same is paid for or not) is made for the purpose and only the exclusive use of the subscriber / registered user. Copying or downloading or recreating or sharing passwords or sublicensing or sharing in any manner which is not in accordance with these terms, is a misuse of the platform or service or product and the Company reserves its rights to act in such manner as to protect its loss of revenue or reputation or claim damages including stopping your service or access and reporting to relevant authorities.

In the event if you are found to be copying or misusing or transmitting or crawling any data or photographs or graphics or any information available on the platform for any purpose other than that being a bonafide purpose, we reserve the right to take such action that we deem fit including stopping access and claiming damages.

Limitation of Liability

The platform is a public site with free access and Company assumes no liability for the quality and genuineness of responses. Company cannot monitor the responses that a person may receive in response to information he/she has displayed and individual/candidate/client/entity would have to conduct its own background checks for all such responses.

You give us permission to use the information about actions that you have taken on the platform in connection with advertisements, offers and other content (whether sponsored or not) that we display across our services, without any compensation to you. We use data and information about you to make relevant suggestions and recommendation.

The platform may contain links to third party websites, these links are provided solely as convenience to You and the presence of these links should not under any circumstances be considered as an endorsement of the contents of the same and their access is solely at your discretion. All the users are obliged to provide true and correct information and in the case of creating a profile you undertake to at all times keep the information up to date.

Company will not be liable on account of any inaccuracy of information or any loss or damages resulting from the use of this platform. It is the responsibility of the user to further research the information on the site. Any breach of privacy or of the information provided by the user to the Company to be placed on the platform by technical or any other means is not the responsibility the Company.

Acceptable Use Policy

User agrees to use the Platform only for its intended purpose and refrain from any of the prohibited activities.

Prohibited Activities

The user undertakes to refrain from following activities:

• upload, post, transmit, publish, or distribute any material or information that is unlawful, or which may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene or racially, ethnically or otherwise objectionable;
• shall never use content from the platform for derivative works with a commercial motive without prior written consent from the Company;
• the platform shall not be utilized to upload, post, email, transmit or otherwise make available either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail;
• shall not spam the platform or indiscriminately and repeatedly post jobs/forward emails;
• resume/insertion or information/ data being fed into the platform by the user is correct and complete in all respects and does not contain any false, distorted, manipulated, fraudulent or misleading facts or averments.

Indemnification

The user indemnifies 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 platform;
• from any losses or damages arising from employment of candidate introduced by the Company, failure of specific outcomes owing to usage of Company services;
• from any losses or damages arising from breach in privacy or improper use of information relating to usage of credit cards / debit cards/net banking services used by the user online / offline;
• from any losses or damages arising from breach of any information concerning the user’s account and / or information relating to or regarding online transactions using credit cards / debit cards and / 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;
• from any losses or damages arising from platform operational errors, receipt of spam or virus or malware attack which includes link to the platform or any other platform maintained, operated and owned by the Company, computer contaminant or any other harmful components.
• from any form of civil and criminal liability arising out of all his /her acts, deeds and things which includes but not limited to non-compliance to any provisions of IT regulations, guidelines, bylaws and notifications made thereunder, failure to obtain at his own cost all licenses, permits, consents, permits, approvals and intellectual property or other rights as may be required for using the Company services.

User Representation

By accessing and using the Platform, you represent and warrant that:

• You are at least 18 years old or of legal age to form a binding contract in your jurisdiction.
• All information provided by you during registration or otherwise is accurate, current, complete and truthful.
• You have the right, authority, and capacity to enter into these Terms and Conditions.
• You will use the Platform only for lawful purposes and in compliance with all applicable laws and regulations.

Employer Representation

Employers using the platform to post job listings or engage with candidates represent and warrant that:

• They have the legal authority to post jobs and represent their organization or entity.
• All job postings comply with applicable labour laws, regulations, and anti-discrimination laws.
• Job descriptions, salaries, and other information provided in postings are not misleading.

Candidate Representation

Candidate using the platform to search or apply for jobs represent and warrant that:

• The information provided in resumes, cover letters, or other materials is accurate, and does not infringe on the rights of third parties.
• They are genuinely seeking employment and will not misuse the platform or its features

General Representation

• Users agree not to upload, post, or otherwise transmit any content that is unlawful, defamatory, fraudulent, or harmful to the reputation of the Company and its Platform;
• Users represent that they will not engage in unauthorized use of the platform, including but not limited to data mining, hacking, or unauthorized scraping of content.

Payment and Subscriptions

• Some services may require payments which are non-refundable unless otherwise specified under Special Conditions.
• All payment details are processed securely and confidentially.

User Rights

Based on the agreement and applicable jurisdiction under same, the User will have following rights:

• Access: Request a copy of your personal data.
• Correction: Update inaccurate or incomplete information.
• Deletion: Request the deletion of your data.
• Data Portability: Receive your data in a machine-readable format.
• Opt-Out: Unsubscribe from marketing communications

Infringement

The User warrants and commit not to infringe any intellectual property rights of any person / entity or retain information / download any information from any computer system or otherwise with an intention to do so

User Obligations

The User represents, warrants and covenants that its use of the platform shall not be done in a manner so as to:

• Access the Platform for purposes of extracting content to be used for training a machine learning or AI model, without the express prior written permission.
• Violate any applicable local, provincial, state, national or international law, statute, ordinance, rule or regulation;
• Interfere with or disrupt computer networks connected to the Platform;
• Impersonate any other person or entity, or make any misrepresentation as to your employment by or affiliation with any other person or entity;
• Forge headers or in any manner manipulate identifiers in order to disguise the origin of any user information;
• Interfere with or disrupt the use of Platform by any other user, nor “stalk”, threaten, or in any manner harass another user;
• Use the Platform in such a manner as to gain unauthorized entry or access to the computer systems of others;
• Reproduce, copy, modify, sell, store, distribute or otherwise exploit for any commercial purposes Platform, or any component thereof (including, but not limited to any materials or information accessible through Platform);
• Use content from the Site for derivative works with a commercial motive without prior written consent of the Company.
• Use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform; or
• Impose an unreasonable or disproportionately large load on the Platform infrastructure.
• Spam the Platform/Company by indiscriminately and repeatedly posting content or forwarding mail that may be considered spam etc.
• Access data not intended for you or log into server or account that you are not authorized to access;
• Constitute an act of reverse engineering, decompiling, disassembling, deciphering or otherwise attempting to derive the source code for the Site or any related technology or any part thereof
• Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Site
• Attempt to probe, scan or test the vulnerability of a system or network;
• Use automated means to crawl and/or scrape content from the Platform and to manually scrape content from the Platform;
• The Platform uses technological means to exclude Robots etc. from crawling it and scraping content. You undertake not to circumvent these methods.
• Access the Platform except through the interfaces expressly provided by the Company;
• Attempt or breach security or authentication measures without proper authorization;

• Providing deeplinks into the Platform without prior permission of the Company is prohibited. Extracting data from the Plaltform using any automated process such as spiders, crawlers etc. or through any manual process for a purpose which has not been authorised in writing.
• Upload, post, email, transmit or otherwise make available either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail.
• Subscribers shall under no circumstance sublicense, assign, or transfer the License, and any attempt at such sublicense, assignment or transfer is void.
• Constitute hosting, modifying, uploading, posting, transmitting, publishing or distributing any material or information for which:
  • you do not have necessary licenses;
  • which infringes, violates, breaches or otherwise contravenes the rights of any third party, including any copyright, trademark, patent, rights of privacy or publicity or any other proprietary right;
  • which contains a computer virus, or other code, files or programs intending in any manner to disrupt or interfere with the functioning of the Platform, or that of other computer systems;
  • that is grossly harmful, harassing, invasive of another’s privacy, hateful, disparaging, relating to money laundering, or which may potentially be perceived as being harmful, threatening, abusive, defamatory, libelous/blasphemous, vulgar, obscene, or racially, ethnically, or otherwise unlawful in any manner whatsoever;
  • which constitutes or encourages conduct that would constitute a criminal offence, give rise to other liability, or otherwise violate applicable law;
  • that deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  • that belongs to another person and to which the user does not have any right to;
  • that harm minors in any way;
  • that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

Company Rights and Disclaimer

• The Company reserves its right to post the data on the Platform or on such other affiliated other platforms and publications as the Company may deem fit and proper at no extra cost to the User;
• the agreement between the Company and the User is not a “non-poach agreement” nor can the same can be termed or used as an alternative to “non-poach agreement” in as much the Company and its Platform is public and all information posted goes to the public domain except the information / data which is specifically assigned a non-public / private character;
• any agreement entered into by the Company does not confer exclusivity of service with User;
• in the event of any non-compliance by the User, the Company may immediately terminate usage rights and take down any offending information that might have been uploaded by such User;
• the Company will not be party to any legal proceedings between a user and a party contracted through the Platform. In the event if the Company is implicated in any legal proceedings, costs will be recovered from the party that names the Company. The Company however will abide with any court order served on it through due process.
• the Company controls and operates from its registered office in Pune, Maharashtra, India and makes no representation that the materials on the Platform are appropriate or available for use at other locations. All Users are responsible for compliance with applicable local laws including but not limited to the export and import regulations of the other countries.
• the Company has no agents and does not operate through any agents save for those specifically mentioned on the home page of the Platform.
• the General Terms and Conditions regulate the usage of the Platform and any violation of same by the User shall render himself / herself liable for appropriate action in the court of law both civil and criminal.

Termination

• The Company or the User may terminate the agreement with a prior written notice of thirty (30) days
• Any applicable fees for services rendered up to the termination date remain payable.
• The Company reserves the right to terminate the user account or restrict access to the platform should user is found to be indulged in any prohibited activities or fail to meet his /her payment obligations.

Dispute Resolution

• Any disputes arising from these General Terms and Conditions will be resolved through negotiations in good faith or, if unresolved, shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by the Company. Decision of the arbitrator shall be final and binding to the dispute. The place of arbitration shall be Pune, Maharashtra, India and shall be governed by the Arbitration and Conciliation Act 1996 as amended

Governing Laws

The General Terms and Conditions shall be governed by the laws of Republic of India. The exclusive forum for any disputes arising out of or relating to these Terms of Use shall be a court of law located in New Delhi, India.

Change of Terms and Amendments

• The Company reserves the right to amend /alter/change/update all or any disclaimers or terms of the General Terms and Conditions of the agreement at any time (unless specifically agreed under special conditions) without any prior notice.
• All terms/disclaimers whether specially mentioned or not shall be deemed to be included if any reference is made to them

Special Conditions Superseding General Terms

In the event of any conflict or inconsistency between these General Terms and Conditions and any Special Conditions expressly agreed to by the Company and a specific user (including but not limited to custom agreements with Employers or service-specific terms), the Special Conditions shall prevail to the extent of the conflict or inconsistency. All other provisions of the General Terms and Conditions shall remain in full force and effect

BY ACCEPTING THESE TERMS AND CONDITIONS, YOU AGREE TO INDEMNIFY AND OTHERWISE HOLD HARMLESS THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYERS, AGENTS, SUBSIDIARIES, AFFILIATES AND OTHER PARTNERS FROM ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF, RELATING TO, OR RESULTING FROM YOUR USE OF THE SERVICES OBTAINED THROUGH THE PLATFORM INCLUDING BUT NOT LIMITED TO INFORMATION PROVIDED BY YOU OR ANY OTHER MATTER RELATING TO THE PLATFORM. ANY REFERENCE TO DUTIES AND TAXES ETC IN THESE TERMS OF USE SHALL INCLUDE GOODS AND SERVICES TAX (HEREIN REFERRED AS GST) FROM THE DATE GST LAW IS IMPLEMENTED IN INDIA. ANY ADDITIONAL TAX LIABILITY ARISING ON ACCOUNT OF INTRODUCTION OF GST (WHETHER ON ACCOUNT OF INCREASE IN RATE OR ANY CHANGE BROUGHT IN BY THE NEW TAX REGIME) WOULD BE RECOVERED OVER AND ABOVE THE AGREED CONTRACT PRICE / SERVICE FEE.

For ……………………………………………………………………………….

For RidSam HRTech Solutions Pty Ltd.