TERMS OF USE

These Terms of use (hereinafter, “Terms” or “Agreement”) are a binding contract between E-Charitra having our principal place of business at Jaipur:

● Recruiter (being an organization who is interested in recruitment related services);
● Employees (being a person who is employed by organization and whose employment history is uploaded on the Website);
● User (being a person interested in any other service offered by Company, includes Recruiters and Employees).
This contract applies to the Services, being recruitment management, background verification of employees, remarks/feedback provided by employees’ previous employers and other services that User may avail of through Company’s web platform, ECHARITRA.io (hereinafter referred to as “Website”).

BY ACCESSING, BROWSING, OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by the Company’s Policies (including but not limited to the Privacy Policy) as amended from time to time.

1. SCOPE OF SERVICE

1.1. As a Recruiter:

Company shall provide the User with the Services and features as described herein and on the Website, which permits the User to browse, screen, track Employees and manage its own hiring process and provide the facility of storing the User's recruitment data. Such features would typically include but are not limited to create and publish job openings, browse, search and view Employees’ profiles, check past employment history of Employees, compare Employee profiles based on data available on the Website.

1.2. As an Employee:

Company shall provide the User with the Services and features as described herein and on the Website, which permit the Employee to check the feedback provided by past employers, verify the personal details provided by the current or past employer, interview(s) offered by other recruiters, offer letters from other recruiters.

2. USAGE

2.1. You will be subject to the rules, guidelines, policies, terms, and conditions applicable to any of the services that we provide through the Website. These terms and conditions shall be deemed part and parcel of this Terms of Use, and shall be incorporated into this Terms of Use. The Terms of Use may be changed, modified, added, or removed at any time without prior written notice to You. Ensure that You review these Terms of Use periodically for any updates/changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

2.2. Both Parties, Company and the User are independent contractors and nothing in these Terms is intended to, or shall be deemed to, establish any partnership, joint venture, employer-employee or agency between the Company and the User, appoint either party as the agent of the other, nor authorize either party to make or enter into any commitments for or on behalf of the other party. Company's obligations shall be limited only to the provision of the Services and do not in any way include acting on the User's behalf.

3. REGISTERING FOR AN ACCOUNT

3.1. User Account, Verification of profiles

3.1.1. In order to create a User Account, You must enter a genuine email id (preferably official email id if You are a "Recruiter"), cell phone number and other details requested. You warrant that the details entered by You are true and valid.

3.1.2. Company may conduct a brief verification of the details entered by You to confirm their validity. In case Company suspects that any details entered by You are not genuine, or You have created a false account, Company shall delete, suspend and delete Your User Account, along with any data in that account, without refunds, if any. However, Company shall in no manner be responsible for any incorrect data provided by You and Company holds no responsibility for verifying the details entered by You. You warrant that the details provided by You are genuine and authenticated.

3.1.3. To be eligible to use our Services, You must be at least 18 years of age and are legally capable of forming contracts under the Indian Contract Act, 1872. Company does not wish to create any legal relationship with a minor through these Services and shall not incur any liability for violation by the User or other user of this clause. By using this Website, You warrant that You possess the legal authority to create a binding legal obligation.

3.1.4. By signing up for creating a Company User Account, You warrant that You are authorized by the User/Hiring Company, and are not already restricted by Company or any other law or order in force from using the Services.

4. USER RIGHTS AND PERMISSIBLE USE

4.1. Users shall not operate a User Account for which it does not have the legal authority. Violation of this clause shall warrant account deactivation or termination. No account data will be given in such cases.

4.2. Users acknowledge and agree that all the personal data of Employees that it has access to or which is disclosed to it under these Terms shall be used in a lawful manner, in accordance with the principles of data protection laws and strictly for purposes specified under these Terms. Recruiters shall not use the personal data of Employees in any manner that is inconsistent with these Terms or applicable laws.

4.3. Company is not obligated to publish any information or content on its Service and can remove it in its sole discretion, with or without notice.

4.4. Users may not imply or state any endorsement or affiliation with Company except as a user of the Company.

4.5. USER SHALL NOT:

4.5.1. Do any act to cause disruption of the Services, or other User's use of the Services;

4.5.3. Republish material from the website;

4.5.4. Sell, rent or sub-license material from the website;

4.5.5. Reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose other than what is allowed under these terms and conditions;

4.5.6. Redistribute material from this website (except for content specifically and expressly made available for distribution);

4.6. The Services shall be used in compliance with all applicable laws including, without limitation, all intellectual property laws as well as all regulatory requirements. Company may delete your content without assigning any reason if it has reason to believe that these Terms or any applicable laws have been violated by posting of such content.

4.7. User is responsible for all the content uploaded within and the communications sent through its User Account. User agrees not to communicate any message or post any content that is may be libelous, harmful to minors, constitutes pornography, infringes intellectual property rights of any other party, contains any harmful materials such as computer viruses, or would otherwise give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense under any applicable law or regulation.

4.5.5. Reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose other than what is allowed under these terms and conditions

4.8. Users may not use the Service in a way that harms us or our advertisers, affiliates, or customers, or use any portion of the Service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages ("spam"). You may not use any automated process or service to access and/or use the Service or use any unauthorized means to modify or reroute, or attempt to modify or reroute, the Service. You may not damage, disable, overburden, or impair the Service (or the network(s) connected to the Service or interfere with anyone's use and enjoyment of the Service.

5. TERMINATION

5.1. Company may terminate or suspend the User's account or ability to use the Service, in whole or in part, at its sole discretion, for any or no reason, and without notice or liability of any kind, in cases such as violation of these Terms. Any such termination or suspension could prevent the User from accessing the Service and User content.

5.2. You may also terminate your account at any time by contacting us. However, Your certain obligations under this Agreement shall continue to prevail even on such termination.

5.3. Users should back up/export all of its content before the Termination of Services or cancellation of its account. Company shall neither be responsible for returning any of the User's content nor be liable for any loss of data on such Termination of the Services or cancellation of the User's Account in accordance with these Terms.

6. THIRD PARTY SERVICES

In order to give to its Users a better service, Company may partner with third party vendors to provide certain services such as services for background checks, etc. Company cannot and does not take any responsibility and does not make any warranty on behalf of such third party services.

7. PRIVACY POLICY

We respect Your privacy. The information that You provide about yourself to Us will be used in accordance with Our Privacy Policy. Please review Our Privacy Policy to understand how We collect, use, and protect Your personal information.

8. INTELLECTUAL PROPERTY RIGHTS

8.1. Except for the rights mentioned herein, all rights, title and interest in and to all the trademarks, copyrights, inventions, trade secrets, domain names, know-how and any other intellectual property and/or proprietary rights in or related to the Company web platform, mobile app or other Service(s), including the Website, and any part of it (collectively referred to as “Intellectual Property Rights”) shall belong to and remain exclusively with the Company.
8.2. Company is the owner or the licensee of any/all Intellectual Property Rights in the Website, and the content or material published on it, including but not limited to text, graphics, articles, photographs, images, illustrations which works are protected by copyright laws. Users shall not use any part of such content for commercial purposes without our/our licensor's prior consent vide a license to use. User shall abide by all copyright notices, trademark rules, information, and restrictions contained in any such content or data accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any such content or other proprietary rights not owned by you without the express prior written consent of Company.
8.3. The product and service names, and logos used or displayed on the Service(s) or Website are registered or unregistered trademarks which are intellectual property that solely belongs to the Company.
8.4. All content that is uploaded to the Services by or on behalf of the User shall be the User's property and Company shall claim no intellectual property rights over such content. As between the User and Company, you own the content and information that you submit or post to the Services and you are only granting Company the following non-exclusive license: A worldwide, transferable and sub-licensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through the Services, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:
8.4.1. User may end this license for specific content by deleting such content from the Services, or generally by closing its account, except (a) to the extent you shared it with others as part of the Service and they copied or stored it and (b) for the reasonable time it takes to remove from backup and other systems;
8.4.2. User agrees to only provide content or information if that does not violate the law, any agreement in force, nor anyone's rights, including a person's right to privacy. User also agrees that Your profile information will be truthful and You shall use your legal name and actual photo for the profile. Company reserves the right to suspend or terminate Your account, if there is any fraud or misrepresentation found in Your content and information which You provided to Us.
8.5. Company shall also have a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into the Service(s) or Website or otherwise use any suggestions, enhancement requests, recommendations or other feedback that it receives from or on behalf of the User.

9. CONFIDENTIALITY

9.1. All information designated as "confidential" that is disclosed by User to the Company shall not be used or disclosed for any purpose outside the scope of these Terms, except when required by the process of law or with the User's prior permission. Such information shall not include information which:
9.1.1. To the extent such information is in the public domain;
9.1.2. To the extent such information is required or requested to be disclosed by any applicable law or any applicable regulatory requirements;
9.1.3. To the extent that such information is later acquired by such party from a source not obligated to any other party, or its affiliates to keep such information confidential;
9.1.4. To the extent that such information was already known or in the lawful possession of a party prior to disclosure by any other party;
9.1.5. To the extent that any information, materially similar to the Information, shall have been independently developed by a Party without reference to any Information furnished by any other party.
9.2. User agrees that Company may disclose Information to its employees, consultants, agents or advisors who have a strict need to know such information solely for the purpose of performing Company's obligations under these Terms and only to those who are obligated to maintain the confidentiality of such information.

10. LIMITATION OF LIABILITY

10.1. To the extent permitted by law, Company expressly excludes all liability for any indirect, incidental, special, consequential, punitive or exemplary damages, however, caused including but not limited to, damages for loss of profits, goodwill, or other intangible losses (even if Company has been advised of the possibility of such damages including, without limitation, loss of business, lost profits or revenue.),
10.2. Company shall not be liable for any loss or injury to anyone resulting from unauthorized tampering, hacking, or other unauthorized access of the service or User's Account.
10.3. Company uses reasonable efforts to ensure that the Services are available at all times. User acknowledges that Services interruptions may occur due to maintenance, upgrades and emergency repairs or due to a failure of telecommunications links and equipment. User agrees that the Company will not be liable to itself or any other party for any loss caused in the event of such interruptions.

11. DISCLAIMERS OF WARRANTIES

11.1. Company provides the Service on "as-is" and "as-available" basis, with all faults and as available with no guarantee to the accuracy or timeliness of information available from the Service. Company gives no express warranties, guarantees or conditions and excludes any implied warranties. We also disclaim any warranties of merchantability, fitness for a particular purpose or non-infringement. Company has no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Service.
11.2. Company does not warrant that the information available on the Services is free of errors. Company does not generally review content provided by its Users and the Users are personally liable for any information or content provided by them. By using the Services, Users acknowledge that they may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. User acknowledges and agrees that Company is not responsible for content found on the Website or for any damages as result of User's use of or reliance on such content.
11.3. Company does not warrant that the functions or features (including but not limited to mechanisms for the downloading and uploading of content) will be uninterrupted, secure, or free of errors. Company does not warrant that any defects will be corrected.
11.4. Company does not warrant that the Services or server(s) that make the Services available are free of viruses or other harmful components.

12. INDEMNIFICATION CLAUSE

12.1. User agrees to indemnify, defend, and hold harmless, Company and its respective officers, directors, employees, members, shareholders, or representatives (and all successors and assigns of any of the foregoing), from and against any claim or demand, liabilities, losses, actions, causes of action, costs and expenses, including but not limited to attorneys' fees, made by any third party in connection with or arising out of User's use of the service, or infringement of any intellectual property of another's data in connection with the use of the Service. User's connection to the Services, violation of these Terms or Company's Privacy Policy, violation of an applicable law, submission, posting, or transmission of User's content to the Services, and/or violation of any rights of another. Company reserves the right to assume the exclusive defense and control of such disputes, and in any event User agrees to cooperate in asserting any available defences.
12.2. In no event shall Company have any obligations or liability under this section arising from: (i) use of the Service in a modified form or in combination with materials not furnished by Company; or (ii) any content, information, or data provided by Users.

13. GOVERNING LAW AND JURISDICTION

These Terms of Use shall be governed by the Laws of India. In respect of all matters/disputes arising out of, in connection with or in relation to these Terms of Use, the courts at Jaipur, Rajasthan (India) shall have jurisdiction, to the exclusion of all other courts.

14. CONTACT INFORMATION

Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website at www.echaritra.com
Grievance officer In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below: Name:Ashish Singhal
Designation: Director
Company name:E-Charitra
Email: help@echaritra.com

15. NOTICES

User agrees that we may provide notices to you as (i) A banner notice on the Service (ii) An email sent to an address provided by the User (iii) Through other means including mobile number, telephone, or mail. User agrees to keep its contact information up to date and that the Company will not be liable for any action or damages that arise from incorrect or out-dated information.

16. ASSIGNMENT

This Agreement is personal to You and Your rights and obligations under these Terms may not be assigned, sub-licensed or otherwise transferred. This Agreement may be assigned to a third party by Us.

17. NON-WAIVER

No delay or omission on the part of either party in requiring performance by the other party of its obligations will operate as a waiver of any right.

18. SEVERABILITY

If any provision of these Terms of Use is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms and Conditions will remain in force.

19. ENTIRE AGREEMENT

These Terms of Use and the Privacy Policy and any other terms and conditions of Services on the Website, and its successor, constitute the entire agreement between You and us and govern Your use of the Website.

20. HEADINGS

The section titles in these Terms of Use are used solely for the convenience of You and Us and have no legal or contractual significance.

Last Updated on:2,January 2024