Terms and Conditions

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 ZEAK US SERVICE LLP (ABC-8801), a Limited Liability Partnership incorporated under the Limited Liability Partnership Act, 2008 and having its registered office at D 3103, No. 39/2017, Jawaharlal Nehru Stadium, Kaloor, Ernakulam- 682017 (“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 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. USER RESPONSIBILITY AND REGISTRATION OBLIGATIONS

2.1. Recruiter Obligations

2.1.1 All the services the platform provides is to enable you to find the best person as per your requisites. Therefore, the data and information we furnish can only be used for contacting suitable candidates for genuine jobs in existence. Mailing practices such as transmitting marketing and promotional mailers/ offensive messages/ messages with misleading subject lines in order to intentionally obfuscate the original message, are strictly prohibited.

2.1.2 You undertake that any vacancies or job opportunities listed in the Platform are genuine, lawful and in existence and you undertake to ensure that the vacancies and/or job opportunities are closed once Your requirement is fulfilled.

2.1.3 You shall ensure compliance with and abide by all applicable laws for the protection of the personal data and details of the users whose profiles are accessed by You through the Platform, including but not limited to compliance with any laws/regulations relating to unsolicited communications etc.

2.1.4 You shall take all the requisite steps to protect the shared personal data and all other information and/or details pertaining to the Job Aspirants and must ensure that the personal data is not being used in any unlawful manner and/or tampered with.

2.1.5 You agree to provide reasonable assistance as is necessary to facilitate the handling of any Data Security Breach in an expeditious and compliant manner.

2.1.6 Any data or information collected by You from this platform shall only be used for hiring purposes and any unlawful disclosure and/or transfer of the same is strictly prohibited.

2.1.7 You agree to update the status of each of the profiles (whether they/their CV have been accepted/rejected) received and/or accessed by You through our Platform.

2.2. Accuracy and Correctness of Recruiter’s Information:

2.2.1 Once You register/upload a job vacancy in the platform, it presupposes that You have obtained all licenses and permits necessary for the conduct of your business 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.

2.2.2 You undertake that all job vacancies and all other information relating to the job openings uploaded in the platform are authentic and bonafide.

2.2.3 You agree, inter-alia, to provide true, accurate, current and complete information about You as prompted by 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 /of illegal use, untrue, inaccurate, not current, incomplete, We have the right to suspend or terminate or block access to the Platform.

2.3. General Conditions applicable to Recruiters

2.3.1 The services we provide will vary depending upon the plan that You have availed

2.3.2 The conditions set forth under this clause will apply to You irrespective of You availing Plans A,B or C as is provided in the platform.

2.3.3 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.

2.3.4 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.

2.3.5 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.

2.3.6 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.

2.3.7 You agree that You shall not interfere in any transaction between the Firm and the Job Aspirant

2.3.8 Once You have registered with the Firm, You agree that Your logo can be displayed by the Firm on all its Platforms.

2.3.9 All the Terms and Conditions put forth in this document, excluding clause 2.5 which is specifically applicable to Recruiters who have availed Plan B, will also be applicable to all the Recruiters who have entered into any agreement/MOU/understanding etc. with the Firm.

2.4. Additional Conditions applicable to Recruiters who have availed Plan A:

2.4.1 The Firm will not be responsible for any action of the Job Aspirants before/ during/ after the interview and for any action of the Job Aspirant after he/she has been placed.

2.4.2 The Firm will not be responsible for any information uploaded by the Job Aspirant and it shall be your sole responsibility to verify the information received by You at your own cost and to make the Job Aspirant undergo the “Know Your Customer/KYC” verification process, as and when required.

2.4.3 The Firm will not be responsible for any action of the Job Aspirants including but not restricted to non-joining of duty after being placed, refusal to take up the job offer and discontinuation by the Job Aspirant after taking up the employment.

2.4.4 The Firm offers no guarantees or warranties that there would be a satisfactory response or any response at all, once the job vacancy is uploaded by You on the platform.

2.4.5 Any actions taken by an employer/recruiter on the basis of the background check report or otherwise, are the employer's/recruiter's responsibility and choice alone and the Firm will not be liable in any manner for the consequences of such action taken by the Job Aspirant.

2.4.6 No fee shall be charged by the Recruiter from any person who responds to jobs advertised on the Platform. You further undertake to use the database to contact candidates for jobs only. 

2.5 Additional Conditions applicable to Recruiters who have availed Plan B:

2.5.1 The Firm will not be responsible for any action of the Job Aspirants before/ during/ after the interview and for any action of the Job Aspirant after he/she has been placed.

2.5.2 The Firm will not be responsible for any information uploaded by the Job Aspirant and it shall be your sole responsibility to verify the information received by You at your own cost and to make the Job Aspirant undergo the “Know Your Customer/KYC” verification process, as and when required.

2.5.3 The Firm will not be responsible for any action of the Job Aspirants including but not restricted to non-joining of duty after being placed, refusal to take up the job offer and discontinuation by the Job Aspirant after taking up the employment. However, We ensure replacement of persons recruited through us if the person resigns on his/her own volition within 30 days of joining except in case the person resigns due to any fault on Your part.

2.5.4 The Firm guarantees a satisfactory response within 7-10 working days once the job vacancy is uploaded by You on the platform.

2.5.5 You shall pay as specified in the plan for each person recruited by You through the Firm.

2.5.6 You shall pay the said amount specified in the plan within 48 hours from the date of interview.

2.5.7 Once You violate clauses 2.5.5 and 2.5.6, You can avail the service of the Firm in future only after paying the amount specified in plan B upfront.

2.5.8 In case of default in making payment specified in plan B, in terms of clause 2.5.5 and 2.5.6, You shall be liable to pay double the amount of what is liable to be actually paid as penalty.

2.5.9 Any actions taken by an employer/recruiter on the basis of the background check report or otherwise, are the employer's/recruiter's responsibility and choice alone and the Firm will not be liable in any manner for the consequences of such action taken by the Job Aspirant.

2.5.10 No fee shall be charged by the Recruiter from any person who responds to jobs advertised on the Platform. You further undertake to use the database to contact candidates for jobs only. 

2.6 Additional Conditions applicable to Recruiters who have availed Plan C:

2.6.1 All the conditions set forth in clause 2.4 are also applicable herein 

2.6.2 The fee payable by the recruiters who avail Plan C will be decided after mutual agreement.

2.6.3 The conditions specified under this Clause will be applicable to all the Recruiters who have entered into an MOU with the Firm.

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 and design marks listed 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 info@zeakus.com.

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. If You are accepting these Terms on behalf of a company, limited liability partnership or other legal entity, You have the authority to bind such entity to these Terms and, in such event, “You” and “Your” as used in these Terms shall refer to such entity; and

6.1.4. 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 it is discovered that You are under the age of 18 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 8 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 Aspirants.

7.4. The Firm does not guarantee the authenticity, nature and/or quantum of the responses to any post or application uploaded by You or that there will be any response at all.

7.5. We disclaim any and all liability and responsibility for losses or damage arising out of the use of any data provided by the Aspirants and the same shall be directed to the Aspirants 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, distributing or providing the Platform and/or Services be liable for any direct, indirect, incidental, exemplary, punitive special or consequential damages, including without limitation 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 Firms. 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 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 company makes no representations regarding the effectiveness of the services offered through the platform. The company does not guarantee that the services offered through the platform will result in the candidates/Job Aspirants being hired and/or vacancies being filled, and is not responsible or liable for any business, employment, hiring and/or salary decisions, for whatever reason made, 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 omissions; (iii) 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 all the job vacancies/opportunities listed by You 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 12 provision had never comprised a part hereof; (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 here from.

15. COMPLAINT/ GREVIENCES

15.1. If You have any queries or questions about these Terms, please contact Us at: Phone: +91 8281865244 or email Us at: info@zeakus.com.

16. THIRD PARTY WEBSITES

16.1. Our Platform may contain links to such third party websites, mobile sites and applications (“Third Party Sites”). We are not in any way responsible for the terms of use or content of such Third Party Sites and expressly disclaim all liability associated with the content and use of such Third Party Sites. The Third Party Sites are not under our control and You are encouraged to read the terms of use and privacy policy of each and every Third Party Site before accessing any of the Third Party Sites linked to our Platform and You acknowledge that any risk associated thereof while accessing and using such Third Party Sites solely lies with You and We shall not be responsible in any manner whatsoever.

16.2. You further agree and acknowledge that neither We nor any of its directors, employees, shareholders or other representatives shall be liable to You under any circumstances for any direct, indirect, punitive, incidental, special or consequential damages that result from or arise out of use of the Third Party Sites.

17. GOVERNING LAWS AND DISPUTE RESOLUTION

17.1. These Terms shall be governed by the laws of the Republic of India and the courts at Kochi shall have exclusive jurisdiction. In case of any disputes, controversies, claims or differences which may arise, out of or in relation to or in connection with these Terms, You are requested to email us details of the same at info@zeakus.com. Any concern shall be sought to be addressed by Us and in the event of any dispute, You and we shall endeavor to amicably resolve the same failing which the dispute shall be referred to arbitration administered by the Arbitration and Conciliation Act, 1996 and the rules thereunder. The arbitration shall be conducted by a sole arbitrator, appointed by the parties, and the decision of the arbitrator shall be final and binding upon the parties. The venue and seat of arbitration proceedings shall be Kochi. The language for such Arbitration shall be English.

18. MISCELLANEOUS

18.1. As a condition of using the Platform, the Platform requires Your permission to send You administrative and promotional emails. We will send You information regarding Your account activity, as well as updates about our services and promotional offers, which can be unsubscribed anytime.

18.2. Notwithstanding anything to the contrary mentioned herein, We shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Platform and/or Service, to: (i) use such information and data to improve and enhance our Service and/or Platform and for other development, diagnostic and corrective purposes in connection with our Service and/or Platform and other offerings, and (ii) disclose such data solely in aggregate or other deidentified form in connection with our Platform and/or Service.

18.3. We reserve the right to modify or update these Terms including any policy at any time without prior notice.

18.4. No modification of these Terms shall be effective without our prior written consent. No provision of these Terms shall be waived unless such waiver shall be in writing and consented to, by Us. These Terms shall constitute the entire agreement and shall supersede all existing or prior agreements and communications, terms and conditions, whether written or verbal, relating to the subject matter.

18.5. These Terms are published in compliance of, and is governed by the provisions of Indian law, including but limited to:

a) the Indian Contract Act, 1872;

b) the (Indian) Information Technology Act, 2000 and the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011; and

c) The (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011.

BY USING THE PLATFORM, AND/OR BY AVAILING THE SERVICES, YOU SIGNIFY THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND AGREE TO THESE TERMS, INCLUDING THAT YOU CONSENT TO THE TERMS CONTAINED IN THE PRIVACY POLICY AND DISCLAIMER PROVIDED HEREIN. THESE TERMS CONSTITUTE A BINDING AND LEGAL AGREEMENT BETWEEN YOU AND US. WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION, TO CHANGE, MODIFY, ADD OR REMOVE PORTIONS OF THESE TERMS, AT ANY TIME. IT IS YOUR RESPONSIBILITY TO CHECK THESE TERMS PERIODICALLY FOR CHANGES. EVERY ACCESS BY YOU OF THE PLATFORM AND/OR AVAILMENT OF SERVICES IS DEEMED TO MEAN THAT YOU HAVE AGREED TO ACCEPT AND ADHERE TO THE TERMS AS AMENDED AND APPLICABLE AT SUCH TIME.