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Terms & Conditions
Version 1.0 dated 15 Aug 2017
Welcome to Autumn Leaf Consulting Services Pvt. Ltd.; henceforth called “Autumn Leaf”. Autumn Leaf is an Indian company and subject to Indian laws and jurisdiction.
For the moment, these Terms & Conditions (and any other terms, policies, or guidelines that we provide to you) are only available in English.
Autumn Leaf (“Autumn Leaf,” “we”, “us” or “our”) provides this website located at www.expertite.com (“Site”) and all Site-related services (“services”), for use by employers seeking and managing candidates for employment and for use by individuals looking for employment.
When you use our Site and any / all Site-related services, you're agreeing to our Terms, so please take a few minutes to read the Terms & Conditions. This Agreement is the complete agreement between the parties for the Site and services and supersedes all prior or contemporaneous agreements, representations or arrangements, oral or written. If any provision or term is found to be invalid or unenforceable, the remaining provisions will remain effective.
These Terms constitute a legally binding agreement between You and Autumn Leaf Consulting Services Pvt. Ltd. or company operating the Site for the country in which You live or in which business is headquartered, and are deemed accepted by You each time that You use or access the Site, emails, mobile application/s and services. If You do not accept the Terms stated here, please do not use the Site, emails, mobile application/s and services.
By accessing and using the Site, you agree to comply with these Terms. If you are using the Site on behalf of a company or other legal entity, you agree to be bound by these Terms even if we may have a separate agreement with you.
These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.
You may not use the Site’s Content or Profiles to determine a Member's eligibility for: (a) credit or insurance for personal, family, or household purposes; or (b) a government license or benefit.
Modifications to the Agreement
You agree that Autumn Leaf may make changes to the services offered on this Site, at any time without notice, and you further agree that Autumn Leaf can revise these Terms & Conditions for the Site and services at any time without notice by posting updated Terms & Conditions on the Site. You agree that your continued use of the Site and services after such modifications have been posted constitutes your acceptance of such revised terms whether or not you have reviewed such changes. For this reason, you should check the Terms & Conditions posted on the Site periodically for updates and changes.
You're okay with us using our Site, mobile applications, and email to provide you with important notices. Also, you agree certain additional information can be shared with you.
If the contact information you provide isn't up to date, you may miss out on these notices. You agree that we may provide notices to you in the following ways: (1) a banner notice on the Site, or (2) an email sent to an address you provided, or (3) through other means including mobile number, telephone etc. You agree to keep your contact information up to date.
If you have prepaid for any Paid services prior to a modification of this Agreement, your use of such prepaid Paid services is governed by the version of this Agreement in effect at the time Autumn Leaf received your prepayment.
To access or use Autumn Leaf, you must be eighteen (18) years of age or older and have the power and authority to enter into these Terms. However, if law requires that you must be older in order for Autumn Leaf to lawfully provide the services to you (including the collection, storage and use of your information), then the Minimum Age is such older age.
Rules of Conduct
You will use Autumn Leaf solely for lawful purposes in a manner consistent with these Terms and any and all applicable laws, regulations, or other binding obligations (including contractual obligations) you may have towards third parties.
You will not:
- Use any information obtained from Autumn Leaf in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to anyone without their prior explicit consent;
- Introduce software or automated agents to Autumn Leaf, or access the service so as to produce multiple accounts, generate automated messages, or to strip or mine data from Autumn Leaf;
- Interfere with, disrupt, or create an undue burden on Autumn Leaf or the networks or services connected to Autumn Leaf;
- Interfere with, disrupt, modify, reverse engineer, or decompile any data or functionality of Autumn Leaf.
Links to Third-Party Websites
Autumn Leaf may contain links to third-party websites placed by us as a service to those interested in this information, or posted by other Members or Organisations. Your use of all such links to third-party websites is at your own risk. We do not monitor or have any control over, and make no claim or representation regarding third-party websites. To the extent such links are provided by us, they are provided only as a convenience, and a link to a third-party website does not imply our endorsement, adoption or sponsorship of, or affiliation with, such third-party website. When you leave Autumn Leaf, our terms and policies no longer govern.
Third-Party Content on Autumn Leaf
Content from other Members, Visitors, Organisations, advertisers, and other third parties is made available to you through Autumn Leaf. Because we do not control such Content, you understand and agree that: (1) we are not responsible for, and do not endorse, any such Content, including advertising and information about third-party products and services, job ads, or the employer, interview, and institution related information provided anonymously by other Members; (2) we make no guarantees about the accuracy, currency, suitability, or quality of the information in such Content; and (3) we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other Members, Visitors, Companies, Institutions, advertisers, and third parties.
Autumn Leaf Account for Organizations
In consideration of payment if applicable of all subscription / license fees, pay per use fees and other fees which may be introduced from time to time for different services available on the Site, Autumn Leaf will provide Organizations with recruitment management service, employer branding services or other services offered as on the date of this document or in the future.
Right to Use
Organisations shall use the Site and its services, and ensure any of its employees, contractors or other personnel to which it gives access to the service (“Organization Personnel”) only in compliance with all applicable laws and regulations, any privacy, information security and protection, and acceptable use policies that Autumn Leaf or its service providers establish. Organizations shall be liable to Autumn Leaf for any claims, fines or damages arising from its (and the Organization Personnel’s) failure to comply with the foregoing.
You may not post any job opportunity that:
- Does not comply with the applicable laws or regulations of the state and country where the job is to be performed, including laws relating to labour and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use and intellectual property;
- Contains false information or solicits employees by intentional misrepresentation, such as, misrepresentation of the terms of employment, the hiring entity, or the identity of the poster;
- Requires an application fee or up-front or periodic payments; requires recruitments of others; resembles a multi-level marketing scheme, franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement; or only pays commissions (except where the posting makes clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling);
- Involves any screening requirement where such screening requirement is not an actual and legal requirement of the advertised position;
- Contains any logo or brands, or link to website, other than your own or those of any entity for which you are authorized to submit a job opportunity;
- Discriminates against applicants on the basis of gender, race, age or disability, as determined in our reasonable discretion.
Autumn Leaf will maintain industry standard security measures for the protection of Organizations’ account against accidental or unauthorized access or use. Organization is responsible for notifying Autumn Leaf of any such unauthorized access to its account. Autumn Leaf shall take all reasonable steps to prevent or correct any unauthorized access or intrusion into Organizations’ account. Autumn Leaf’s liability for a failure of its security measures shall be to try to correct the circumstances that lead to the failure or unauthorized access, try to prevent further intrusions, and use its best efforts to recover any information copied or removed from Organizations’ account.
All access to the Site and its services shall be through a login and password. Customer is solely responsible for selecting secure passwords, changing passwords frequently, and maintaining the confidentiality of its login and passwords. Autumn Leaf shall not be liable for any losses arising from unauthorized access to the Site and its services and Organizations’ account due to Organizations’ failure to protect its account through proper maintenance of its login and passwords.
Autumn Leaf shall use any information that Organizations or Organizations’ Personnel supply through the Site or store in Organizations’ account (i) to fulfil the requirements of this Agreement and operation of the services pursuant to documentation, (ii) for statistical purposes and/or in aggregate form, or (iii) to improve and enhance the features that Autumn Leaf offers. Autumn Leaf shall not provide any of this information to any third party except to fulfil the purpose of the services, or to its service providers for this purpose. Where any such information is subject to laws or regulations governing the use and privacy of information, Autumn Leaf shall comply in full with such laws and regulations. The foregoing applies only to the operation of the Autumn Leaf Services and not to any third party activities, websites or services that may be accessible through the Site, which shall be governed by the privacy and information policies applicable to such third party activities, websites or services.
Autumn Leaf’s Confidential Information shall include, without limitation, the systems, software and technology used to implement the services and any negotiated price or similar arrangement with an Organization.
Warranties & Disclaimers:
Autumn Leaf provides the Site and its services “as is,” and without any warranty of any kind, express or implied. Autumn Leaf expressly disclaims all other warranties, including, without limitation, implied warranties of merchantability, and fitness for a particular purpose, non-infringement, accuracy, reliability, or results.
Limitation of Liability:
Neither party shall be liable hereunder to the other under any theory, whether in contract, tor, strict liability or otherwise, for any special, indirect, incidental or consequential damages, or lost data or profits, whether or not foreseeable. Except where otherwise explicitly indicated, Autumn Leaf’s liability arising out of or in connection with this agreement shall not exceed the amounts paid or payable to Autumn Leaf by Organization hereunder in the subscription period immediately prior to the event giving rise to such liability.
Sharing Your Content on Autumn Leaf
Your Responsibility for Your Content:
You are solely responsible for any and all Content that is posted through your account on Autumn Leaf ("Your Content"), as well as the representations you make to us about Your Content. You agree that by submitting Your Content to Autumn Leaf, You have reviewed and agree to abide by the Terms and Conditions.
Representations Regarding Your Content:
You represent and warrant that:
- You own Your Content or otherwise have the right to grant the license set forth in these Terms;
- Your Content does not violate the privacy rights, publicity rights, copyright rights, or other rights of any person;
- By providing or posting Your Content, you do not violate any binding confidentiality, non-disclosure, or contractual obligations you might have towards a third party;
- Any information you provide is correct.
Please do not provide any information that you are not allowed to share with others, including by binding contractual obligation or by law.
You agree that you will not post any Content that:
- Is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or is pornographic or sexually explicit in nature; bullies, harasses or advocates stalking, bullying, or harassment of another person;
- Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing, or "spamming";
- Is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
- Promotes, copies, performs or distributes an illegal or unauthorized copy of another person's work that is protected by copyright or trade secret law, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music, videos, or movies, or links to such pirated music, videos, or movies;
- Is involved in the exploitation of persons under the age of eighteen (18) in a sexual or violent manner, or solicits personal information from anyone under eighteen (18);
- Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses and other harmful code;
- Contains identification information such as social security number, passport number, national identification number, insurance number, driver's license number, immigration number, or any other similar number, code, or identifier;
- Solicits passwords or personally identifying information for commercial or unlawful purposes from other persons;
- Except as expressly approved by us, involves commercial activities and/or promotions such as contests, sweepstakes, barter, pyramid schemes, advertising, affiliate links, and other forms of solicitation;
- Contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software;
- Posts or distributes information which would violate any binding confidentiality, non-disclosure or other contractual restrictions or rights of any third party, including any current or former employers or potential employers or your current or former institution or any potential institution;
- Implies a Autumn Leaf endorsement or partnership of any kind; or
- Otherwise violates these Terms and Conditions, the terms of your agreements with us, or creates liability for us.
Removal of Content:
While Autumn Leaf has no obligation to do so, Autumn Leaf reserves the right to review and delete (or modify) any Content that we believe, in our sole discretion, violates these Terms or other applicable policies posted on Autumn Leaf, or that we deem, in our sole discretion, inappropriate. If you see any Content on Autumn Leaf that you believe violates our policies, you may report that Content by clicking on an applicable link adjacent to that Content (e.g. links titled: "Report"). Once notified, we will review the Content and consider whether to remove or modify it. Our interpretation of our policies and the decision whether or not to edit or remove Content is within our sole discretion. You understand and agree that if we choose not to remove or edit Content that you find objectionable, that decision will not constitute a violation of these Terms or any agreement we have with you.
- If You purchase any of our paid services, You'll honour Your payment obligations and agree to pay us the applicable Fees and taxes unless you cancel the paid Services, in which case you agree to still pay these Fees and taxes through the end of the applicable license / subscription period. Failure to pay may result in the termination of your license / subscription.
- There may be applicable sales, service, use, value added or other taxes imposed by applicable law that are added to our Fees. You shall pay all such taxes, except taxes based on Autumn Leaf’s income. Taxes are calculated based on the billing information that you provide us at the time of subscription / registration.
- Our Fees, renewal terms and applicable taxes may change from time to time. Information regarding the same will be made available on the Site.
- Fees (other than pay per use or usage based fees) are invoiced in advance of the indicated Invoice Frequency, and shall apply whether or not the services are being used by You post subscription / registration. Payments are non-refundable unless otherwise determined solely by Autumn Leaf.
- Your purchase of Paid services may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
- All Fees are payable in the currency being accepted by Autumn Leaf such as Indian Rupees, United States dollars and other currencies that may be made available to You.
- You shall pay all Fees within the given time frame. Unpaid amounts payments may be assessed a late fee of 1.5% per month, or the maximum rate permitted by law. Autumn Leaf may suspend access to the Site and services if You fail to make any payments when due; Fees may continue to accrue during such suspension and will be due when services resume along with any applicable reactivation Fee.
- If you enter credit card information in connection with a purchase on Autumn Leaf for Paid services, that information is encrypted and sent directly from your browser to the third-party service provider we use to manage credit card processing and is never stored on our servers. The service provider is not permitted to store, retain, or use the information you provide except for the sole purpose of credit card processing on our behalf. However, you are okay with us storing your payment information if required by us. You authorize us to store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your service (e.g. licenses / subscriptions) and to facilitate easy payment for new services.
- In the event of a termination of your license / subscription due to non-payment of Fees and taxes, non-renewal of your Paid services or other reasons, You cannot avail of the Paid services but You will have access to the Site so that You can review the information contained in Your account. After thirty (30) days, Autumn Leaf cannot guarantee that the information in Your account will still be available, and has no obligation to preserve that information except as may be required under applicable law.
Autumn Leaf may elect to suspend access to the Site and its services if You fail to (i) pay Fees when due; (ii) comply with acceptable use and privacy policies; (iii) offer a similar or competing Site and services; or (iv) otherwise interfere with the Site and its service, Autumn Leaf’s systems or breach this Agreement.
Enforcement by Autumn Leaf
While we have no obligation to do so, we reserve the right to investigate and take appropriate action in our sole discretion against you if you violate these Terms, including without limitation: removing Content from the Site (or modifying it); suspending your rights to use the Site; terminating your membership, subscription and account; reporting you to law enforcement, regulatory authorities, or administrative bodies; and taking legal action against you.
While we have no obligation to do so, we reserve the right to take appropriate action to protect the anonymity of our Members against the enforcement of subpoenas or other information requests that seek a Member's electronic address or identifying information.
You shall defend, indemnify and hold harmless Autumn Leaf Consulting Services Pvt. Ltd. and its officers, directors, employees and agents from and against all third party claims, losses and damages (“Claims”) arising from (i) Your use of the Site and related services, and (ii) infringement, misappropriation or violation of any third party intellectual property right, or any law or regulation, by information entered in Your account or otherwise through use of the services by You, or on your behalf, or using Your login and password.
Deleting Your Account
If you’d like to delete your account, simply contact us and let us know that you would like to permanently delete your account.
Upon account deletion, you will no longer be able to have full access to the Site in the capacity of a registered user and all your added content will be pulled from the Site. Your account information will be deleted from our active database but will be maintained in our archives. We may retain information pertaining to your account which has been added by others but not by You. We will also retain and use your account information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements with other parties, and/or the period required by laws in applicable jurisdictions.
Autumn Leaf may use Organizations’ name and logo to identify an Organization as a customer of Autumn Leaf on Autumn Leaf’s website and as a part of a list of Autumn Leaf customers in corporate, promotional and marketing literature.
Relationship of Parties
The parties to this Agreement are independent contractors and no agency, partnership, joint venture, employment or similar relationship exists between them. Neither party has the authority to bind the other or to incur any obligation on its behalf.
Neither party will transfer or assign this Agreement or any of the rights hereunder without the prior written approval of the other party, which shall not be withheld unreasonably, and any such assignment or transfer will be void. Notwithstanding the foregoing: (i) Autumn Leaf may transfer this Agreement in its entirety in the event of an acquisition, merger or other event involving a change of control, may assign any rights to payment hereunder, and may use service providers to fulfil its obligations hereunder; (ii) Customer may transfer this Agreement in its entirety in the event of an acquisition, merger or other event involving a change of control; provided that the other entity involved in such event is not a competitor of Autumn Leaf, and provided that the Fees may be subject to recalculation.
Notices required hereunder shall be effective if delivered by email, by courier or delivery service (effective upon receipt), and shall be sent to the addresses as updated.
Neither party shall be responsible for a failure or delay of performance caused by any event outside of its reasonable control.
Governing Law and Jurisdiction
This Agreement is governed by the laws of the India. The parties submit to the exclusive jurisdiction of, and venue in, the courts of Bengaluru, India for the resolution of any and all disputes arising out of or relating to this Agreement.
We may change, suspend or end any service in our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you.
That’s about it. We hope we will be able to bring value to you and help you make a difference !