The usage of the Website (as defined hereinafter) provided by Bluejay Worktech Private Limited, a company incorporated under the laws of India and with its office at Plot No.- 1076, Sector 46, Gurugram, Haryana- 122003 (“Company”) or any services provided by the Company through the Website shall be governed by these terms and conditions (“Terms of Use” or “Terms”).
In these Terms of Use, the term “User” refers to you, the natural person and the authorised representative of the Entity, using the Website, and/or procuring Service from the Company. References to User, as used in the Terms of Use, shall also refer to the Entity on whose behalf the User is using the Services.
Please note that by use of the Website and any services provided by Company, the User also agree to be bound by the additional terms and conditions and policies referenced herein and/or available by hyperlink, including without limitation Company’s Privacy Policy, other policies of Company and the rules applicable to each service.
These Terms of Use apply to all users of the Website, platform and any services provided by Company, except as may be specifically agreed otherwise in writing. Any new product or services provided by Company, or any new features or tools which are added to the application, website or platform shall, unless specifically stated otherwise, be subject to these Terms of Use.
Please read these Terms of Use carefully before accessing or using the Website, platform and any services provided by Company. By accessing or using any part of the Website, platform or by the use of any services provided by Company, the User agree to be bound by these Terms of Use. If the User does not agree to all the Terms of Use, then the User may not access the Website, platform or the use any products, application or services provided by Company. If these Terms of Uses are considered an offer, except as may be specifically agreed otherwise in writing, acceptance is expressly limited to these Terms of Use.
These Terms of Use refer to, incorporate, and include the privacy policy of Company which sets out the terms on which Company process any personal data we collect from the User, or that the User provide to Company.
Persons other than the Company which provide services through the Website. In addition, the Company may provide links to the sites of such Companies and may enable a User to communicate with such persons. If a User transacts or deals with any other User or such person, the User is transacting or dealing with directly from those third parties and not the Company. The Company is not responsible for examining or evaluating, and the Company does not warrant, the offerings of, or the actions of any such persons or assume any responsibility or liability.
Capitalized terms, not defined elsewhere in these Terms of Use, shall mean as follows:
“Applicable Laws” means all applicable (i) statutes, enactments, acts of legislature or parliament, laws, bye-laws, ordinances, rules, regulations, listing agreements, notifications, guidelines or policies of any applicable jurisdiction; (ii) administrative interpretation, writ, injunction, directions, directives, judgment, arbitral award, decree, orders or consents of, or agreements with, any Governmental Authority or a recognized stock exchange; and (iii) international tax treaties, as may be in force from time to time.
“Candidates” means the candidates for hirings and postings as identified by a User or the Company, with or without using the Services.
“Confidential Information” means any information concerning Candidates, the business, affairs, pricing, customers, clients or suppliers of the Company or the User or the Entity, all tangible and intangible information obtained, developed or disclosed or accessed including all documents, data papers and statements and trade secrets, as applicable;
“Entity” shall mean any limited or unlimited liability company, corporation, partnership (whether limited or unlimited), proprietorship, Hindu undivided family, trust, union, association, government or any agency or political subdivision thereof or any other entity that may be treated as a person under applicable law and shall not include natural person.
“Governmental Authority” means any Indian or non-Indian court of competence, arbitral tribunal, legislative, executive or administrative agency or commission or other governmental or regulatory agency or authority or any securities exchange.
“Fees” means the fee payable for the use of any of the Services on the Software, as specified by Company from time to time.
“Intellectual Property Rights” means all patents, trademarks, trade names, service marks, service names, logos, internet domain names, corporate names, rights in designs, copyright (including right in computer software) and moral rights, database rights, semiconductor topography rights, utility models, formulae, processes, trade secrets, proprietary information, rights in knowhow and other intellectual property rights, in each case, whether registered or not and including applications for registration, and all rights or forms of protection having equivalent or similar effect anywhere in the world.
“Marketplace Service” shall mean the platform provided by the Company that enables Users and Entities to identify Candidates, post Candidates’ requirements and other features as provided by the Company.
“Personal Data” means any information or set of information relating to a natural person that identifies such natural person or could be used to identify such natural person, including without limitation, a natural person name, address, telephone number, email address or call data records.
“Services” means the different service which are offered from time to time by the Company to a User and shall include without limitation the use of the Software and the Value Added Services.
“Software” means the software provided by the Company which inter alia facilitates creation of job postings, communications platform and updates.
“Website” means the website operated by the Company.
“Value Added Services” means the additional services provided by the Company which are specifically availed by a User/Entity and shall include, without limitation, the Marketplace Services.
4.1 The Company may revise these Terms of Use at any time by amending this page. The User must check this page from time to time to take notice of any changes made to these Terms, as they are binding on the User. The Company may, without any notice, change all or any features on the Website.
4.2 The Services are subject to any written agreement entered into between the Company and a User / Entity for the provision of any Services, and any such agreement shall be read in conjunction with, and not in derogation of, these Terms of Use. In case of any conflict between the Terms of Use and any such agreement, the terms of such agreement shall prevail.
The User agrees that the User shall be bound by these Terms by accessing the Services on the Website, or by otherwise availing of the services from the Company.
6.1 The User shall register on the Website using the email ID of the Entity as the employer or recruitment agencies and the login credential to access the Website shall be sent on the registered email ID of such User. It is the responsibility of the User to inform the Company in case of any change in the details of the User.
6.2 The User, after successful login on the Website for the first time shall agree to the Terms of User and Privacy Policy of the Company and shall input its location. By agreeing to these Terms of Use, a User represents that he is the authorized representative of the Entity and such User has been duly authorized by such entity and is permitted under Applicable Laws to accept these Terms of Use. The User represents and warrants that the entity has the full power and authority to accept the Terms of Use and such Terms of Use shall bind such Entity, as applicable.
6.3 In case the Company alters or amends the eligibility criteria to be registered for accessing the Website or receiving services of the Company and the User no longer complies with the new eligibility criteria, as determined by the Company in its sole discretion, the User accepts that the Company may restrict or suspend the access to the Website or receiving Services without any liability for the Company. The User is solely responsible for ensuring that the User are in compliance with these Terms of Uses.
6.4 The User accepts all liabilities with respect to any compromise or unauthorized use or disclosure or access to such information caused by any act or omission of the User.
6.5 The User may not use the Services and any other services provided by the Company or the Website for any illegal or unauthorised purpose nor may the User, in the use of the Website, violate any Applicable Laws (including but not limited to copyright laws). The Company reserves the right to refuse or discontinue any services provided by the Company or the Website to anyone for any reason at any time.
6.6 The Services and the use of the Website is not transferrable or assignable. The User shall not share the login details, usage rights or access to the Services and the use of the Website to any unauthorized persons.
7.1 The Services, including any Value Added Services, shall be subject to payment of Fee as specified by the Company, or as agreed in the written agreement entered into between the Company and a User / Entity. The User will not be able to use or access any paid Services unless the User has paid the relevant Fee as specified by the Company and the Company has granted the User access to such Services pursuant to a written agreement entered into between the Company and a User / Entity. In case of the non-payment of the Fees, the Company reserves the right to discontinue the Services and/or restrict the User’s access to the Website for the Services. In case of any delay in payments by the User/ Entity, all delayed amounts shall subject to a default interest of 1.5% (one point five percent) per month, calculated daily, and shall accrue from the date such payment became due to the date of actual payments.
7.2 In case of any disputes in the fees as mentioned in the invoice, the User shall inform the Company in writing of any disputed amount along with the reasons thereof within 15 (fifteen) days of the date of receipt of the invoice reflecting such disputed amounts. Upon receipt of dispute notice, both Company and User shall promptly seek to resolve the dispute by mutual discussion.
7.3 Unless agreed in writing between the User and the Company, the Fees for the Services or any other services provided by the Company, as displayed on the Website, are subject to change without notice. The Company reserves the right to modify the Fee at any time with a notification to the User. In case of the User’s continued use of the Website, it shall be deemed that the User has accepted such revised Fees.
8.1 Only 10 (ten) Users from each Entity shall be allowed to register on the Website for availing the use of the Software of the Company in case such Entity has not paid for the subscription to the Software.
8.2 The User shall not redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the Services or the Website or any component or content thereof, available to any third parties prior the prior written consent of the Company.
8.3 The User shall not circumvent or disable any digital rights management, usage rules, or other security features of the Website; remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Website; and not use the the Website in a manner that threatens the integrity, performance, or availability of the Website.
8.4 Without limiting the foregoing, the User agrees that the User shall not use the Website or the Services of the Company to undertake any of the following actions or to display, upload, modify, publish, distribute, disseminate, transmit, update or share any information that:
a. that the User does not have a right to make available under any law or contractual or fiduciary relationship, unless the User owns or controls the rights thereto or have received all necessary consents for such use of the content;
b. is defamatory, vulgar, obscene, pornographic, paedophilic, invasive of another person’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
c. is harmful to minors and children;
d. infringes patent, trademark, copyright or other proprietary rights or intellectual property rights of any person or entity;
e. violates any applicable law, regulation or generally accepted practices or guidelines in India;
f. deceives or misleads any other user of the Website or the Services, the Company or any other person the origin of any messages on the Website or the Services or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
g. impersonates any person or entity, or falsely state or otherwise misrepresent the User’s affiliation with a person or entity;
h. 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 other nation;
i. contains viruses, trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines, code, files or such other programs that may harm the Website, interests or rights of other users or limit the functionality of any computer software, hardware or telecommunications, or that may harvest or collect any data or personal information about other Users without their consent; and
j. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.
8.5 Without limiting the foregoing, the User agrees that the User shall not:
a. decompile, reverse engineer, or disassemble the contents of the Website or the Services or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website or the Services, or remove any copyright, trademark registration, or other proprietary notices from the contents of the Website or the Services;
b. (i) use the Website and any of the Services for commercial purposes of any kind except as permitted, or (ii) advertise or sell the Website or Services of the Company or domain names or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind, or (iii) use the Website or the Services in any way that is unlawful, or harms the Company or any other person or entity as determined by the Company;
c. Engage in any activity which would interfere with any other person's use or enjoyment of the Website or the Services including engage in disruptive attacks such as denial of service attack on the Website or the Services;
d. Access or use the Website or the Services of the Company in any manner that could damage, disable, overburden or impair any of the Website’s servers or the networks or the Services;
e. Disrupt or interfere with the security of, or otherwise cause harm to the Website or the Services of the Company, materials, systems resources, or gain unauthorized access to user accounts, passwords, servers or networks connected;
f. Use deep-links, page-scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to increase traffic to the Website or the Services, to access, acquire, copy or monitor any portion of the Website or the Services, or in any way reproduce or circumvent the navigational structure or presentation of the Website, or any content, to obtain or attempt to obtain any content, documents or information through any means not specifically made available through the Website or the Services; and
g. use the Website or the Services for purposes that are not permitted by: (i) these Terms of Use; and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction.
The Company reserves the right to suspend/discontinue the Website or the Services of the Company and any other products/services to the User and/or to sever its relationship with the User, at any time, for any cause, including, but not limited, to the following:
a. For any suspected violation of the rules, regulations, orders, directions, notifications, laws, statutes, from time to time or for any violation of the terms and conditions mentioned in these Terms of Use.
b. For any suspected discrepancy in the particular(s), documentation or information provided by the User;
c. To combat potential fraud, sabotage, wilful destruction, threat to national security, for any other force majeure reasons etc.;
d. If the same is due to technical failure, modification, upgradation, variation, relocation, repair, and/or maintenance due to any emergency or for any technical reasons;
e. If the same is due to any transmission deficiencies caused by topographical and geographical constraints/limitations;
f. If the User does not have the control over the User’s login details and password or the User’s account is compromised in any other manner;
g. If the User indulges in any abusive or aggressive or threatening behaviour or any act or any intimidation or harassment of any kind (be it verbal or physical or written) against any employee / representative / agent of the Company or any other User; and
h. If the Company believes, in its reasonable opinion, that cessation/ suspension is necessary.
The Company is not responsible if information made available on the Website (including any information in relation to the services of the Company) is not accurate, complete or current. The material on the Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting, primary, more accurate, more complete or more timely sources of information.
No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third-party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, is given in conjunction with the Website or the Services. While the Company may apply such technology as it deems fit to ensure the security of and prevent unauthorised access to its Services, the Company does not warrant that Services or any content/data will be provided uninterrupted or free from errors or that any identified defect will be immediately corrected. Further, no warranty is given that Services or any data/content are free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros. The Company provides the Website or the Services and other services on an “as is”, “where is”, “with all faults” basis.
ALL OTHER WARRANTIES, WHETHER LEGAL, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR USAGE OR FOR THE INTENDED USE THEREOF ARE EXPRESSLY EXCLUDED IN CONNECTION WITH THE USE OF THE PLATFORM, THE WEBISTE OR THE SERVICES OF THE COMPANY.
12.1 Notwithstanding anything to the contrary, the Company, its successors, agents, assigns, and each of their directors, officers, employees, associates, agents, and representatives shall in no event be liable to the User or the Entity:
a. any indirect, incidental, special, consequential, punitive or economic loss, expense or damage arising from or in connection with any access, use or the inability to access or use the Website or the Services of the Company or reliance on those, howsoever caused and regardless of the form of action (including tort or strict liability);
b. any downtime costs, loss of revenue or business opportunities, loss of profit, loss of anticipated savings or business, loss of data, loss of goodwill or loss of value of any equipment including software;
c. any loss or damage arising as a result of a disclosure/sharing or hacking of the User’s login details and password, and any improper usage, failure or malfunction of any computer or mobile phone, unavailability of an electricity connection, other telecommunications equipment, any other services or equipment necessary to access the Website or the Services;
d. act or omission of any third party including but not limited to any participants, interviewers or any equipment or software providers, any service providers, any network providers (including but not limited to telecommunications providers, internet browser providers and internet access providers), or any agent or subcontractor of any of the foregoing; and
e. theft or loss of the User’s computer, mobile phone, the User’s data, the User’s login details and password, hardware.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT, SHALL THE COMPANY OR ANY OF ITS DIRECTORS, EMPLOYEES, AGENTS AND/OR PERSONNEL, BE LIABLE TO THE USER OR ANY PERSON FOR ANY DAMAGES, LIABILITIES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO: (I) THESE TERMS OF USE, THE WEBSITE OR THE SERVICES OF THE COMPANY, OR ANY REFERENCE SITE, APP, SERVICES; OR (II) THE USER’S USE OR INABILITY TO USE THE WEBSITE OR SERVICES OF THE COMPANY OR ANY REFERENCE SITE; OR (III) ANY OTHER INTERACTIONS WITH THE COMPANY; HOWEVER CAUSED AND WHETHER ARISING IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY OR OTHERWISE, BEYOND OR IN EXCESS INR 1,000, OR ANY LOWER AMOUNT AS MAY BE PERMITTED UNDER APPLICABLE LAWS, WHICHEVER IS LESS.
12.2 The Company shall make all best efforts to provide uninterrupted services subject to down time and regular maintenance and subject to any uptime as agreed in writing between the User and the Company. Notwithstanding anything in these Terms of Use, the User acknowledges that the Website or the services of the Company may not be uninterrupted or error free or free from any virus or other malicious, destructive or corrupting code, program or macro. The Company shall adopt all such best technical and non-technical security measures that it considers are appropriate and are the same as that is prevalent in the industry, however the Company does not guarantee that such security measures cannot be subverted to gain unauthorized access. In the event of interruption to the Website or the services of the Company or loss of use and/or access, the Company shall be to use best endeavors to restore access as soon as reasonably possible.
12.3 The Company is not responsible for any information or content uploaded by any User on the Website.
13.1 The Company shall maintain strict confidentiality of the Confidential Information of the User/Entity shall not at any time disclose to any person any Confidential Information except:
a. to the extent that such Confidential Information is in the public domain other than by breach of the obligations of the Company under these Terms of Use;
b. to the extent that such Confidential Information is required to be disclosed by any applicable law or required to be disclosed to any Governmental Authority to whose jurisdiction the Company is subject or with whose instructions it is customary to comply; and
c. to the limited extent it is required to be disclosed for the provision of the Services;
d. insofar as such disclosure is reasonably necessary to such Company’s employees, directors or professional advisers, provided that such Party shall procure that such employees, directors or professional advisors treat such Confidential Information as confidential.
13.2 In case of a termination of the Services to a User, the Company shall cease use of the Confidential Information of the User and thereafter not use the Confidential Information in any manner whatsoever, except to the extent that the User has agreed that Confidential Information may continue to be held or used.
13.3 The User/Entity shall maintain confidentiality of the Confidential Information of the Company which may come into the possession of the User/Entity and any disclosure of the same shall be subject to the exceptions set out in Clause 13.1 above.
14.1 If the User has provided any Personal Data to enable the Company to provide the Services, the Company shall use and/or hold such Personal Data for the said purposes and in the manner directed by User and shall not otherwise modify, amend or alter the contents of such Personal Data, except as required to provide the Services.
14.2 All right, title, and interest in such Personal Data shall belong to the User/Entity and/or the providers of such Personal Data and the Company shall not have any right in the same, except that, the Company shall have the right to analyse and modify such data to created derived data for improvement of the Services, marketing purposes and other uses permitted under applicable laws.
14.3 The User confirms that the User has all relevant consents and authorizations for providing the Personal Data and for the processing and use of the same for the Services.
14.4 The Company shall take appropriate technical and organisational measures to protect all data handled or stored by it in the course of providing the Services against accidental or unlawful destruction and/or accidental loss, alterations, unauthorised disclosure and/or access.
15.1 The User agrees and acknowledges that the Company does not warrant or guarantee that any Candidate is appropriate for the User/ Entity and the Company does not accept any liability for the same.
15.2 If pursuant to the Value Added Services, the Company carries out any verification, the User/Entity agrees and acknowledges that the Company only verifies the documents uploaded by the candidate on the Software and does not perform any independent background check or in-person verification of the Candidates. Verifications in respect of criminal charges and matters are carried out through the data available on https://districts.ecourts.gov.in/. The User/ Entity agrees and acknowledges that such data may not be error free and may be incomplete and the Company does not assume any liability for the same. All such verification is provided on an “as is” basis.
The Company provides a system for the Users to interact and identify Candidates on the marketplace using the Marketplace Services. In case the Marketplace Service is used by the User, the Company does not assume any liability or responsibility for the communications that a User may have with other Users or Candidates or any other Person and the Company expressly disclaims all liabilities.
17.1 All Intellectual Property Rights in the Website or the Services of the Company belong to the Company or the applicable third-party owner of such rights. Nothing in these Terms of Use shall operate to transfer any Intellectual Property Rights beyond the specific licenses, as may be specifically agreed in writing. The Company retains ownership of all right, title to, and interest in any and all Intellectual Property Rights developed, owned, licensed or created by the Company.
17.2 No part or parts of the Website may be reproduced, distributed, republished, displayed, broadcast, hyperlinked, transmitted, adapted, modified to create derivative works or otherwise commercially exploited in any manner or by any means or stored in an information retrieval system without the Company’s prior written permission. The User may view, print or use the Company’s content for personal, non-commercial use only, provided further that the User does not modify the content and that the User retains all copyright notices and other proprietary notices contained in the content.
17.3 The User shall not claim any rights or interest in the Intellectual Property Rights of the Company or its partners, or in connection with any other services, features or product offered by the Company to the User. In no event shall the User alter, copy, replicate, convert, tamper, vary, modify, change, disassemble, decompile, or reverse engineer any Intellectual Property Rights of the Company (including without limitation any Intellectual Property Rights licensed to the Company by any other Entity or any natural person) (collectively, “IP Property”), or permit others to do so or encourage others to do so.
The User agree to indemnify, defend and hold harmless the Company and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees (“Indemnified Parties”), from all claims, demands, losses, costs, fees suffered or incurred by the Indemnified Parties due to or arising out of the User’s breach of these Terms of Use or the documents they incorporate by reference, or the User’s violation of any law or the rights of a third-party.
If the Company does not exercise a right under these Terms of Use, shall not constitute a waiver of such right.
For purposes of these Terms of Use, “Force Majeure Event” means any event or circumstance, regardless of whether it was foreseeable (including without limitation an act of war, hostility, or sabotage; act of God; electrical, internet or telecommunication outage that is not caused by the obligated party; government restrictions (including the denial or cancellation of any export or other license); criminal, revolutionary, or terrorist activity), that: (a) was not caused by a party and, (b) prevents that party from complying with any of its obligations pursuant to these Terms of Use (other than an obligation to pay money) or provision of the Website. If a Force Majeure Event occurs, the Company will be excused from performing those obligations rendered un-performable by the Force Majeure Event. During a Force Majeure Event, the Company shall use reasonable efforts to limit damages to the User and to resume its performance pursuant to these Terms of Use.
The User agree that no joint venture, partnership, employment, or agency relationship exists between the User and the Company as a result of these Terms of Use, the User’s use of the Website, or the availing of Services from the Company.
The User shall not assign or transfer the rights and obligations if the User under these Terms of Use, including any assignment or transfer by reason of merger, reorganization, sale of all or substantially all of its assets, change of control or operation of law, without the Company’s prior written consent of the Company may assign or transfer the rights and obligations contained in the Terms of Use to any other Entity.
These Terms of Use shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. Further, these Terms of Use shall be subject to the exclusive jurisdiction of the competent courts located in Gurgaon, Haryana and User/ Entity hereby accede to and accept the jurisdiction of such courts.
Questions about these Terms of Use should be sent to the Company to contact@hunar.ai. Any notices to the Company in connection with the Website or these Terms of Use must be sent to the details given below:
SEC-46, PLOT.NO-1076, GURUGRAM, Gurgaon, Gurugram, Haryana, 122003
The rights and remedies of the Company provided in this Terms of Use are not exclusive, but are cumulative upon all other rights and remedies to the full extent allowed by law.