We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you through the registered email address provided by you and/or by means of a pop-up message on the Website of the Company and/or by way of revised terms and conditions that maybe included in any future releases of the Website or by way of updates to the Agreement as available on the Website. The terms of this Agreement shall at all times be accessible to you and we request you to read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your unqualified consent and agreement to follow and be bound by the Agreement so modified. Please note that our Services are limited to the provision of a software platform to enable the interaction between a Customer and other Users. We are not responsible for provision of any services or obligations by and between the Customers or the other Users.
The Customer, Professional, Registered User and Non-Registered User of the Website shall collectively be referred to as the “Users” and each, individually, as the “User” or “You”. Professionals, who are Registered Users, shall be referred to collectively as “Registered Professionals” and each, individually, as the “Registered Professional”.
The Services provided on the Platform may be free of cost or subject to payment of an applicable fee as stated on the Platform (“Fee”). The Company reserves the right to amend the Fee at its sole discretion. The Services are required to be used within such particular timelines as are mentioned on the Platform.
This Agreement applies to those services made available by the Company on theOptnHire Professional Platform, which are offered in terms of this Agreement (or such other agreement you may have entered into with the Company as a Customer) (“Services”), including, but not limited to, the following:
A User including a Professional agrees that the Skill Based Services are purely optional and may be availed by the User upon the payment of additional consideration depending on the contractual arrangement between the User and the service provider. The Company is not providing the Skill Based Services and therefore, makes no representations and warranties regarding the same. You agree that should you decide to avail the Skill Based Services, you shall be bound by contractual terms with the service provider and the Company shall have no involvement regarding the same. Further, the Company does not guarantee that a User will receive a call from a recruiter or the Customer of the Company for an interaction or for a recruitment opportunity based on the User opting to receive the Skill Based Services.
Certain trademarks, trade names, service marks and logos, icons and domain names used or displayed on the Site or via the Services are registered and unregistered trademarks, trade names and service marks owned by OptnHireand/or our affiliates. Other trademarks, trade names and service marks used or displayed on the Site are the registered and unregistered trademarks, trade names and service marks owned by their respective owners and used with permission by us. Nothing grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Site or via the Services without our written permission or the written permission of such third-party owner.
You have and shall retain ownership of all data which belongs to you during your communication with the Company on the Site or with a Customer while applying for a job in response to a Job Advertisement (“User Communications”). You declare and warrant to us that you are entitled to transmit, use or post User Communications and have all relevant licenses and consents from any relevant third parties, if required to post, use, share and transfer such User Communication. Further, we and our affiliates are free to use any the User Communication and any ideas, concepts, know-how or techniques contained in any User Communication you send via the Site or Service for developing, marketing and providing products and services. You further acknowledge and agree that we own all of the information we collect from job applicants, including information collected via cookies and web beacons regarding information views, application starts and application completions.
The User agrees to indemnify and hold harmless the Company, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from User’s access to the Website or to the use of Service, violation of this Agreement, or infringement, or infringement by any other User of his/her/its account, of any intellectual property or other right of any person or entity. The Company will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
In no event, including but not limited to negligence, shall the Company, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Site or the content, materials and functions related thereto, the Services, User’s provision of information via the Website, lost business or lost Registered Professionals, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:
In no event shall the Protected Entities be liable for any acts or omissions of a User including but not limited to the use of the relevant User in using the Website for providing advertisements, sharing of information or use of information by any User, unauthorised disclosure of records by the User to any other User etc.
In no event will the Company be liable for any incidental, indirect, special or consequential damages or loss of goodwill or business profits for any claim arising under this Agreement, regardless of the cause of action and even if a party has been advised of the possibility of such damages.
The Company shall not be responsible for non-availability or access to the Website due to any technical reason including internet speeds or downtime, server downtime, failure of server to respond, virus, bugs, Trojan virus or other malware, whether known or unknown as of date, incompatibility of software or hardware or for any reason whatsoever.
In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a User’s use of the Website or the Services exceed, the value of the transactions or services provided to you by OptnHireto the extent such claim is not otherwise barred
The Company reserves the right to suspend or terminate a User’s access to the Website and the Services with or without notice and to exercise any other remedy available under law, in cases where
Your use of each Service confers upon you only the rights and obligations relating to such Service, and not to any other service that may be provided by the Company.
If a User has any questions concerning the Company, the Website, this Agreement, the Services, or anything related to any of the foregoing, the customer support can be reached at the following email addressi.e.,[●]or via the contact information available from the following hyperlink [Note: Contact Person :Piyush Vijayvergiya , Mob:9829071347, Mail: email@example.com.].
If you have any grievance with respect to the Website or the service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at:
Name: [ Piyush Vijayvergiya ]
Designation: [ Founder]
Address: [ 147 , Pratap Nagar , dadabari, Kota - 324009]
Telephone: [ 9829071347 ]
All Fees paid is non-refundable. However, any fees paid by you may be refunded by OptnHire at its sole discretion if a claim for a refund is made within 30 days from the date of payment and the Customer or the Registered User shows due receipt of purchase. Refunds, if sanctioned and agreed to by OptnHire, shall be processed and completed within 7-10 working days from the date of receipt of request.
If any provision of the Agreement is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.
No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Company. Any consent by the Company to, or a waiver by the Company of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
You expressly agree that use of the Site and services is at your sole risk. OptnHiredoes not evaluate, screen or censor the applications submitted in connection with the services or the applicants themselves. OptnHireis not involved in and does not control the transaction between a Professionaland you. Accordingly, OptnHireis not responsible for your interaction with any person who contacts you, including Professionals, in connection with your use of the services or the site. The site and services are provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, express or implied, with respect to the site and services available at the site, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement.
We make no warranty that the Site or services will meet your requirements, or that the site or services will be uninterrupted, timely, secure, current, accurate, complete or error free. The warranty disclaimers set forth in this section do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
1.1 The website allows the Company to have access to Registered Professional’s personal contact details (including email, phone number, social media handles), for communication purpose so as to provide you a better way of scheduling appointments/ interviews and for obtaining feedback in relation to the Customer.
1.2 The Company shall not be responsible in any manner for the authenticity of any information supplied by the User to the Company or to any other person acting on behalf of the Company.
1.3 The Registered Professional is responsible for maintaining the confidentiality of his / her account access information and password. The Registered Professional shall be responsible for all usage of his / her account and password, whether or not authorized by the Registered Professional. The Registered Professional shall immediately notify the Company of any actual or suspected unauthorized use of his / her account or password. Although the Company will not be liable for the losses caused by any unauthorized use of the Registered Professional’s account, the Registered Professional may be liable for the losses of the Company or others due to such unauthorized use. Please safeguard your login credentials and report any actual suspected breach of account to the email address specified at [firstname.lastname@example.org].
1.4 The Company may use such information collected from the Users from time to time for the purposes of internal quality, assessment, delivery and support related issues.
1.5 It is your responsibility to keep your correct mobile number and email ID updated in the account formed by you. The records will be sent to the mobile number and/or email ID. The Company is not responsible for any loss or inconvenience caused due to your non-updation of your contact details for the account formed by you.
2.1 The Company collects, directly or indirectly, and displays, at the Company’s discretion, on the Website, relevant information regarding the profile and the Customer listed on the Website, such as their location, services provided,vacancies available, area of expertise, salary range, job specifications and description and other similar details. The Company takes reasonable efforts to ensure that such information is updated at frequent intervals. Although the Company screens and vets the information and photos submitted by the Customer, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
2.2 The Website may be linked to the website of third parties, affiliates and business partners. The Company has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that the Company endorses the linked site. User may use the links and these services at User’s own risk.
2.3 The Company assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.
3.1 The Company does not guarantee that the Registered Professional would get shortlisted for any interactions with the Customer. Further, the Company has no liability if such interaction is confirmed but later cancelled by Customer, or the Customer is not available as per the given interview time. The User agrees that the Company shall play no part in the interaction process with a Customer.
3.2 You understand and agree that any interactions and associated issues with other Users including but not limited to your professional experience and your experiences is strictly between you and the other Users. The Company is merely providing a platform for facilitating interactions between the Customer and the Registered Professionals. You shall not hold the Company responsible for any such interactions (or the lack thereof) and associated issues. For avoidance of doubt, the Company is not involved in providing any of the end services and hence is not responsible for any outcome between you and the Customer you interact with, pursuant to any interactions on the Website. If you decide to engage with a Customer to provide a service to you, you do so at your own risk. The Company shall not be responsible for any breach of contract or contract deficiency by any Customer. We cannot assure nor guarantee the ability or intent of the Customer to fulfil their obligations towards you.
3.3 Further, while every effort has been made to ensure the accuracy of the information and / or documentation generated by the AI and the correct functioning of AI, no liability can be accepted for any damage either directly or indirectly resulting from its use. The Company cannot be held responsible for any damage resulting from the use or misuse of any information contained in or implied by documents made available to the Registered Professional.
3.4 The Company does not, (i) recommend or endorse any Customer registered on the Website (ii) make any representations or warranties with respect to the Customer; and (iii) rank or grade the Customer.
3.5 You are responsible for the data and information entered or uploaded by you. You are required to ensure that the same is accurate, legible, complete and not misleading in any manner.
Please note that some of the content, text, data, graphics, images, information, suggestions, and other material (collectively, “Information”) may be available on the website and is hereby expressly clarified that, the Information that you obtain or receive from the Company, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Website. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
5.2 You are solely responsible for the content that you choose to submit for publication on the Website, including any feedback, ratings, or reviews (“Feedback”) relating to Customer. The Company disclaims all responsibility with respect to the content of the Feedback. The Company shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.
5.3 You hereby agree not to post or publish any content on the Website that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation. The Company, at its sole discretion, may choose not to publish your reviews and feedback. You agree that the Company may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:
and you agree to provide your fullest co-operation further to such communication by the Company.
1.1. The Company, directly and indirectly, collects information regarding the Customers’ profiles, contact details, and practice, and publishes these details on the Website in a manner accessible to the Registered Professionals availing the counselling, products, services and advice of the respective Customer. On a Customer’s request, the Company may take down any part of such Customer’s profile on the Website, provided, however, that the Company shall at no time be under any obligation to take down publicly available information about a Customer, his/her profile, contact details and/or practice. All information regarding the Customer’ profiles, contact details, and practice is collected for the purpose of facilitating interaction between and among Users and the Customer. If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform the Company immediately to enable the Company to make the necessary amendments.
1.2. The Company shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by the Users as a result of any disclosures or publications made by the Company, where the Customer has expressly or implicitly consented to the making of disclosures or publications by the Company.
1.3. The Company reserves the right to moderate the suggestions made by the Customer through feedback and has the right to remove such content which is identified by the Company to be abusive or inappropriate or promotional content on the Website. However, the Company shall not be liable if any inactive, inaccurate, fraudulent, or non-existent profiles of the Customer are added to the Website.
1.5. You, as a Customer hereby represent and warrant that you will use the Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and the Company accepts no liability for the same.
The Company provides the Customer with a tool to update your profile information and to manage their interaction with the Professionals. The Company reserves the right of ownership of all the Customer’s profile and photographs and to moderate the changes or updates requested by Customer. However, the Company takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile, provide services to the Users using the Website or otherwise while using the Company’s services, and that no such content breaches any third party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, the Company may terminate your usage of the Website, modify or delete parts of your profile information at its sole discretion with or without notice to you.
3.1 All content that you choose to submit for publication on the Website, including any feedback, ratings, or reviews (“Feedback”) is content created by the other Users and the Customers, including the Registered Professionals. As a platform, the Company does not take responsibility for the Feedback.
3.2 The Company reserves the right to collect feedback and the Feedback for all the Customers listed on the Website.
3.3 The Company shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all the Feedback from any Service, except as required by applicable law.
3.4 You understand that by using the Services you may be exposed to the Feedback or other content that you may find offensive or objectionable. The Company shall not be liable for any effect on Customer’s business due to the Feedback of a negative nature. In these respects, you may use the Service at your own risk
3.6 If the Company determines that you have provided inaccurate information or enabled fraudulent feedback, the Company reserves the right to immediately suspend any of your accounts with the Company and makes such declaration on the website alongside your name as determined by the Company for the protection of its business and in the interests of Users. You shall be liable to indemnify the Company for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected the Company or its Users.
4.1 The Customer agrees that, when providing any written response to a User’s query or providing any other services using the Website that constitutes a performance of his / her services, the Customer shall not post language that may be considered abusive, objectionable or demeaning to any other User.
4.2 The Customer hereby represents and warrants that:
4.3 The Company reserves the right to terminate any account of the Customer in case:
4.4 The Customer acknowledges that the Company’s AI may generate reports for the Customer in relation to the Registered Professionals based on their profiles. The Customer understands that the reports are auto generated using the Software and may or may not deliver the intended results to the Customer. If the Customer is dissatisfied with the primary reference standards or inputs used by the Software to auto-generate the said reports, the Customer may provide any details of alternate reference standards to the Company (which alternate reference standards the Company may consider, at its discretion, for use with the AI), which the Customer would want applied for the generation of the reports.
4.5 TheCustomer hereby agrees to hold in strictest confidence all information provided by a User to him/her under all circumstances. Customer agrees that he/she shall not disclose any information or documentation provided by a User any other person, nor shall he/she allow, by act or omission, such information or documentation to be acquired by any other person unless the same is authorised specifically by the User in writing.
4.6 The Company shall not be responsible for the completeness or accuracy such information, including if as a result of such inaccuracy, a communication is sent to an unintended recipient.
4.9 The Customer acknowledges that they are the original authors and creators of any content or comments uploaded by them on the Website and that no content or comment uploaded by them would constitute infringement of the intellectual property rights of any other person. The Company reserves the right to remove any content or comment which it may determine at its own discretion as violating the intellectual property rights of any other person. The Customer agrees to absolve the Company from and indemnify the Company against all claims that may arise as a result of any third party intellectual property right claim that may arise from Customer’s uploading of any content on the Website. The Customer also agrees to absolve the Company from and indemnify the Company against all claims that may arise as a result of any third party intellectual property claim if the Customer downloads an image from the Company’s Website and utilizes it for his/her personal or commercial gain.
4.10 The Customer hereby assigns to the Company in perpetuity and worldwide, all intellectual property rights in any content, of the nature of responses to queries by Users or comments created by the Customer and uploaded by the Customer on the Website.
4.11 The Company shall have the right to edit or remove the content and any comments in such manner as it may deem fit at any time. The Customer acknowledges that the content on the Website reflects the views and opinions of the authors of such content and does not necessarily reflect the Company’s views.
4.12 While every effort has been made to ensure the accuracy of the information and / or documentation generated by the AI and the correct functioning of AI, no liability can be accepted for any damage either directly or indirectly resulting from their use. The Company cannot be held responsible for any damage resulting from the use or misuse of any information contained in or implied by documents made available to the Registered Professionals or Customer.