Terms and Conditions
This domain including any webpages and application thereof,
all related widgets, tools, applications, data, software,
APIs, our mobile, tablet and other smart device applications
(collectively “Platform”) are provided by M/s PROZPECT THREE
SOLUTIONS PRIVATE LIMITED a Private Limited Company
incorporated under the Limited Liability Partnership Act,
2008 and having its registered office at K-Tech Innovation
Hub, 3rd Floor, Plama Center, Bejai - Kapikad Rd, Lalbagh,
Mangaluru, Karnataka 575004 (“Us” or “We” or “Firm”). You
(“You” or “Your” or “Customer”) are required to read these
Terms and Conditions (“Terms”) carefully since Your use of
website and/or the mobile application (“Site”) implies
knowledge, understanding and acceptance of all points under
these Terms.
This document is an electronic record in terms of
Information Technology Act, 2000 and rules there under as
applicable and the amended provisions pertaining to
electronic records in various statutes as amended by the
Information Technology Act, 2000. This electronic record is
generated by a computer system and does not require any
physical or digital signatures.
1. SERVICES OFFERED
1.1. We are an online platform intended to offer
courses/workshops and to facilitate recruitment and/or
exchange of information by acting as an intermediary and
solely as a preliminary medium of contact between
individuals who are searching for job opportunities and
vacancies (Job Aspirants) and individuals/ companies/
organisations who are desirous of making available
information pertaining to job vacancies with an intention to
fill up those vacancies (recruiters) (Job Aspirants and
Recruiters are collectively called as “Users”), who have a
bonafide intention to contact/or be contacted for the
purposes related to genuine existing job vacancies.
2. JOB ASPIRANTS RESPONSIBILITY AND REGISTRATION OBLIGATIONS
2.1 You agree, inter-alia, to provide true, accurate,
current and complete information about You as prompted by
the Platform registration form or provided by You as a
visitor or user of a Third-Party Site through which You
access the Platform. If We have reasonable grounds to
suspect that such information is tampered, corrupt,
generated/by-product by/of illegal use, untrue, inaccurate,
not current, incomplete, We have the right to suspend or
terminate or block access to the Platform.
2.2 Once You register/upload a CV in the platform, it
presupposes that You have obtained all the qualifications
necessary for acquiring the job and You will indemnify the
firm against all claims, damages arising out of
actions/claims that may be made by third parties in relation
to the same.
2.3 You agree to respect the confidentiality of information
shared by other participants and instructors during workshop
discussions and activities.
2.4 All the services the platform provides is to enable you
to find the best job as per your requisites. Therefore, the
data and information we furnish can only be used for finding
jobs in existence which are suitable for You. Mailing
practices or contacting the recruiters using the data
provided in the platform or in the name of the platform is
strictly prohibited.
2.5 You shall ensure compliance with and abide by all
applicable laws for the protection of details of the
companies listed in the platform and all the data provided
in the platform but not limited to compliance with any
laws/regulations relating to unsolicited communications etc.
2.6 You agree to provide reasonable assistance as is
necessary to facilitate the handling of any Data Security
Breach in an expeditious and compliant manner.
2.7 Any data or information collected by You from this
platform shall only be used for the purpose of attending
workshops and applying for job vacancies and any unlawful
disclosure and/or transfer of the same or usage of the
interface of the Platform for any other purpose is strictly
prohibited.
2.8 The Firm will not be responsible for any action of the
recruiter before/ during/ after the interview and for any
action of the recruiter after he/she has been placed.
2.9 The Firm will not be responsible for any information
uploaded by the recruiter and it shall be your sole
responsibility to verify the information received by You
about the company/recruiter at your own cost.
2.10 The firm will not be responsible for any action of the
recruiter including but not restricted to non-selection of
you after interview, retrenchment after starting your
service etc.
2.11 The Firm offers no guarantees or warranties that there
would be a satisfactory response or any response at all,
once the request is made by You on the platform.
2.12 Any action taken by an employer/recruiter on the basis
of the background checks or otherwise, are the
employer's/recruiter's choice alone and the Firm will not be
liable in any manner for the consequences of such action
taken by the Recruiters.
2.13 You agree that the Firm is not responsible for the
content of the Recruiter/employer's application form,
messages, screener questions, testing assessments, required
documents, or their format or method of delivery.
2.14 The Firm has the complete right to suspend or terminate
or block access to the Platform in case of any violation of
any of the terms and conditions.
2.15 You are solely responsible for maintaining the
confidentiality of Your User ID and password. You are
responsible for all activities that occur under Your User ID
and password.
2.16 We shall solely use the details provided by You at the
time of registration including but not limited to Your
mobile number, Email ID and other information for
communication and all other transactional purposes. You
hereby agree and confirm that such details provided by You
at the time of registration on the Platform can be altered
only by Us upon Your request for the same through the
customer care option on the Platform.
2.17 If We suspect any transaction/activity which defies the
Terms of using the website and/mobile application, We at our
sole discretion may cancel Your registration.
2.18 You agree that the amount you remit to us is after
reading all the terms and conditions and all other details
and that the amount once paid will not be refunded.
2.19 The amount you pay for a plan will be valid only for a
period of 12 months and the facilities of the platform can
be availed again only after renewing the plan.
2.20 We do not assure ‘that you will be called for interview
for all the job vacancies/opportunities for which you have
applied to and your selection to the job will be the sole
discretion of the recruiter and we will not be responsible
for your non-selection to the post for which you applied to
and was interviewed for.
2.21 You undertake that the credibility of the recruiter
would be assessed by you before going for the interview and
the company will not be liable for any action of the
recruiter.
2.22 Once you get selected to any of the jobs that you
preferred, the same will be notified only through the
representative of this platform or the respective company
that is hiring you.
2.23 You undertake that if you miss any interview or
selection because of lapse of time, it will be your sole
responsibility and the Firm cannot be held responsible for
the same.
2.24 You undertake that the user ID with which You have
registered will only be accessed by You and only You shall
apply for job vacancies/opportunities listed on the Platform
through Your ID.
2.25 There might not be an obligatory registration with fee
requirement for viewing job opportunities on the platform.
Even if You are using this feature of the platform, You
undertake that the data or information you submit is
accurate in every way.
2.26 When You indicate Your interest in a job listing on the
platform, You are sending your CV/ Resumé and application
including relevant documents to the platform and you are
requesting and authorising the platform to make available
such application/information to the applicable recruiters
for such job listing/job opportunities/job vacancies.
2.27 You undertake that all the updates and or new features
introduced in the platform will apply to You automatically.
3. STATEMENT OF INTELLECTUAL PROPERTY RIGHTS
3.1. All intellectual property rights on the Platform and
the proprietary rights of the Platform are owned by and/or
licensed to Us. It is further clarified that the Platform
including information, all other contents on the Platform
such as software, images, audio, videos, photographs,
graphics, text, description, logos, text, program, software,
database, trademarks, icons, etc., is either owned by Us or
is licensed to Us. You shall not use any of our or our
licensor’s intellectual property in any manner without prior
written permission from Us.
3.2. The names, logos, design marks and any data on the
Platform are the trademarks owned by Us. Access to the
Platform does not authorize anyone to use any name, logo or
mark in any manner.
3.3. Any links to Third-Party Sites (as defined below) are
provided solely as a convenience to You. We are not
responsible for the content of or any damage that may result
from Your access to or reliance on these Third-Party Sites.
4. SECURITY AND PRIVACY POLICY
4.1. The privacy policy (“Privacy Policy”) shall form an
integral part of the Terms set out in the Platform and shall
be read along with these Terms.
4.2. Data protection is a matter of trust and Your privacy
is very important to Us. We use Your personal information
only in the manner set out in the Privacy Policy. The
Privacy Policy is subject to change at any time without
notice. To make sure You are aware of any changes, please
review the same periodically.
4.3. By visiting the Platform, You agree to be bound by the
Terms and the Privacy Policy. If You do not agree please do
not use or access the Platform. You have an option to
withdraw Your consent by sending an email to
support@headway.co.in
or such other Email ID as may be notified.
4.4. By mere use of the Platform, You expressly consent to
our use and disclosure of Your personal information in
accordance with the Privacy Policy and these Terms.
5. CONSENT TO USE DATA
5.1. We shall use, transfer, distribute, modify, process,
store, transmit and/or reuse any data provided by You
through the Platform. You hereby acknowledge that You have
read, understood and consent to the use of any data made
available to Us without any recognition to You. We shall
have the irrevocable and unrestricted right to edit, copy,
publish and reproduce the data (in whole or part thereof)
for the use of publication, promotion, illustration,
advertising, research or trade, in any manner or in any
medium, in perpetuity.
6. REPRESENTATION AND WARRANTIES
6.1. You represent and warrant that:
6.1.1. You are at least 18 years old;
6.1.2. You have the lawful authority and capacity to
contract and be bound by these Terms;
6.1.3. You will comply with all applicable laws and
regulations.
6.2. We reserve the right to terminate Your membership and
refuse to provide You with access to the Platform if it is
brought to our notice or if years and are in breach of any
terms of this clause 6.
6.3. We warrant that all data/information collected,
processed and used in furtherance to these Terms shall be
handled in accordance with applicable data protection laws.
7. NO WARRANTIES
7.1. The Platform is provided on an ‘as is’ basis without
warranties of any kind either express or implied. Therefore,
We do not represent or warrant that the Platform is free of
defects or that any defect will be remedied. You agree that
Your use of the Platform is at Your sole risk, and You
assume full responsibility for any loss of use, loss of data
You might encounter or be subjected to.
7.2. We make no legal representation that the Platform or
Services are appropriate or available for use in locations
outside India. You may access the Platform from outside
India at Your own risk and initiative and must bear all
responsibility for compliance with any applicable foreign
laws.
7.3. You hereby acknowledge that Your use of the Platform is
solely at Your risk and We make no representation or
warranties of any kind, express or implied, as to the
information or data on this Platform. We are acting only as
an intermediary between You and Recruiters.
7.4. The Firm offers no guarantees or warranties that there
would be a satisfactory response or any response at all,
once the request is made by You on the platform.
7.5. The Firm offers no guarantee that applying for a job
and/ appearing for an interview will result in You getting
placed/selected for the job.
7.6. We disclaim any and all liability and responsibility
for losses or damage arising out of the use of any data
provided by You and the same shall be directed to the
Recruiters only and We shall not be held liable for the
same.
8. LIMITATION OF LIABILITY
8.1. In no event shall We or anyone else involved in
administering, or providing the Platform and/or Services be
liable for any direct, indirect, incidental, exemplary,
punitive special or consequential damages, including without
limiting to damages for loss of profits, goodwill, use, data
or other intangible losses, in connection with any
transaction through the Platform.
9. DISCLAIMER
9.1. The Firm is an intermediary as defined under Section
2(1)(w) of the Information Technology Act,2000.
9.2. We or anyone else involved in administering the
Platform and/or Services further explicitly disclaim any and
all liability for any the following:
(a) errors, mistakes or inaccuracies of the content
displayed on the Platform relating to the Services and data
listed on the Platform;
(b) any loss or damage arising out of Your failure to adhere
to Your obligations under the Terms;
(c) user content or the defamatory, offensive, or illegal
conduct of any third party/Job Aspirant;
(d) viruses, computer viruses or other harmful, disabling
computer code, computer instructions, circuitry or other
technological means whose purpose is to disrupt, damage or
interfere with any computer and communications facilities or
equipment ("Harmful Code") that may be transferred to Your
devices when accessing the Platform. By way of
clarification, Harmful Code shall include, without
limitation, any code containing viruses, Trojan horses,
worms or like destructive code or code that was
intentionally written to self-replicate. You are advised to
obtain and use appropriate anti-virus and security software
and to take all other appropriate measures to safeguard the
integrity of Your devices;
(e) any content uploaded by the Users or other third parties
on the Platform shall not be the responsibility of the Firm.
The Platform's main purpose is to act as a conduit for the
online distribution and publication of user-submitted data.
The Company does not support/endorse the views stated by the
Users;
(f) Users are urged to contact the Company using the contact
information given below if they discover any erroneous or
otherwise inappropriate content that violates these 9 Terms
of Use on the Platform. In the event that the Company
determines that such content violates the Terms of Use, the
Company may, at its sole discretion and in compliance with
any relevant laws, remove or seek the removal of such
content.
9.3 The Firm makes no representations regarding the
effectiveness of the services offered through the platform.
The Firm does not guarantee that the services offered
through the platform will result in You being hired and is
not responsible or liable for any decisions made by you.
10. INDEMNIFICATION
10.1. Upon visiting the Platform, You agree to release,
indemnify, defend and hold harmless Us and any of our
contractors, agents, employees, officers, directors,
shareholders, affiliates and assigns from all liabilities,
claims, damages, costs and expenses, including reasonable
lawyer's fees and expenses, of third parties relating to or
arising out of (a) Your unauthorized use of the Platform
content; (b) Misuse of Your access to and use of the
Platform; (ii) any loss or injury to our representatives,
Service personnel or agents resulting from or attributable
to Your acts or issi Your violation or breach of these Terms
or any applicable law or regulation; or (iv) any
unauthorized information or data You supplied to Us.
10.2. Nothing in these Terms shall restrict our right to
initiate proceedings, whether criminal or civil, against
You, in case of any breach to these Terms, the Privacy
Policy or any other matter which We may in our sole
discretion decide.
11. WAIVER
11.1. Our failure to enforce, at any time or for any period,
any one or more of the terms or conditions of the Terms
shall not be a waiver by Us, of such terms or of the right
any time subsequent to enforce all terms and conditions of
these Terms.
12. FORCE MAJEURE
12.1. Failure on our part to perform any of its obligations
and the non-furnishing of the Service, shall not entitle You
to raise any claim against Us to the extent that such
failure arises from an event of Force Majeure. If through
Force Majeure the fulfillment by either party of any
obligation set forth in this Agreement will be delayed, the
period of such delay will not be counted on in computing
periods prescribed by this Agreement. Force Majeure will
include any war, civil commotion, strike, governmental
action, lockout, accident, epidemic, pandemic or any other
event of any nature or kind whatsoever beyond the control of
the parties that directly or indirectly hinders or prevents
Us from commencing or proceeding with the consummation of
the transactions contemplated hereby. You expressly agree
that lack of funds shall not, in any event, constitute or be
considered an event of Force Majeure.
13. TERMINATION
13.1. These Terms will continue to apply until terminated by
either You or Us as set forth below.
13.2. Termination by You: If You wish not to be bound by
these Terms, You may terminate Your relationship with Us by
(i) not accessing the Platform; and/or (ii) deleting Your
user accounts (if any).
13.3. We reserve the right to terminate Your access to the
Platform, in our sole discretion, at any time with or
without notice, if
13.3.1. You have breached any of the provisions of the
Terms, the Privacy Policy or any other terms, conditions, or
policies that may be applicable to You;
13.3.2. We are required to do so in accordance with law; or
13.3.3. We have elected to discontinue, with or without
reason, access to the Platform in general or specifically to
You.
13.4. We shall not be liable to You or any third party for
any such termination.
13.5. Following termination, You will not be permitted to
use the Platform and We may, in our sole discretion, and
without advance notice to You, cancel Your registration and
remove You and withdraw Your CV from all the job
vacancies/opportunities for which You have applied to on Our
Platform.
13.6. If Your access to the Platform is terminated, We
reserve the right to exercise whatever means We deem
necessary to prevent unauthorized access of the Platform.
13.7. These Terms will survive indefinitely unless and until
We choose in our sole discretion and without advance notice
to You, to terminate it.
14, SEVERABILITY
14.1. If any provision of these Terms is held to be illegal,
invalid, or unenforceable under any present or future
applicable law, (i) such provision will be fully severable;
(ii) these Terms will be construed and enforced as if such
illegal, invalid, or unenforceable provision had never
comprised a part hereof; and (iii) the remaining provisions
of these Terms will remain in full force and effect and will
not be affected by the illegal, invalid, or unenforceable
provision or by its severance from these Terms.
15. GOVERNING LAW AND JURISDICTION
15.1. These Terms and all matters relating to Your access
to, or use of, the Platform and/or Services shall be
governed by and construed in accordance with the laws of
India, without giving effect to any principles of conflicts
of law.
15.2. You hereby consent to the exclusive jurisdiction and
venue of courts in Mangaluru, Karnataka, India, in all
disputes arising out of or relating to the use of the
Platform and/or Services.
16. NOTICES
16.1. All notices or other communications permitted or
required under the Terms, unless otherwise indicated, shall
be in writing and given by Us (i) via email, (ii) by posting
to the Platform, or (iii) by mail or courier to Your address
on record in Our account information.
16.2. Notices to Us shall be given via email to
support@headway.co.in
or such other address as We may specify through the Platform
or otherwise.
16.3. Notice will be deemed received when the email is sent.
Alternatively, We may give You notice by certified mail,
postage prepaid and return receipt requested, to the address
provided to Us. In such case, notice will be deemed given
three days after the date of mailing.
17. ASSIGNMENT
17.1. You shall not assign or transfer or purport to assign
or transfer Your rights, liabilities or obligations under
the Terms to any person without Our prior written consent.
17.2. We shall be entitled to assign or transfer Our rights,
liabilities, and obligations under the Terms to any person.
18. ENTIRE AGREEMENT
18.1. The Terms, together with any additional terms,
conditions, or policies referred to and incorporated herein,
constitute the entire agreement between You and Us relating
to the subject matter hereof and supersede any and all prior
agreements, negotiations, or other communications between
You and Us, whether oral or written, with respect to such
subject matter.
18.2. Any failure by Us to enforce any of the terms set out
in the Terms or any additional terms, or any forbearance,
delay or indulgence granted by Us in respect of Your
obligations to Us, shall not be construed as a waiver of our
rights under the Terms, nor will it affect or impair the
validity or enforceability of the Terms in any way or in
respect of any other jurisdiction or the right of either
party to enforce each and every provision hereof.
19. CONTACT
19.1. If You have any questions or concerns about the
Platform or the Terms, please contact Us at
support@headway.co.in
