1) Introduction
TagoJobs.com (the "Site") and the Licensed Mobile Application for Accessing the Site (including all associated media and online or electronic documentation) ("the Application") is owned and operated by TagoJobs (the "Company"). The Site and Application are collectively referred to as the "Platform." For the Terms of Use, "You" shall mean the person accessing the Platform.
The Company makes available its services and products to you through the Platform on the condition that you abide by these Terms of Use (from now on referred to as "Terms of Use"), as updated occasionally. You must accept the Terms of Use or meet or comply with their provisions to use or access the Platform and avail of the Company's services or products via the Platform.
2) Purpose
The Platform is made available for use only by (a) individuals who are searching for job opportunities and vacancies and are interested in availing of other career enhancement services which are provided might be provided by the Company ("Job Seekers") and (b) by individuals and organizations desirous of making available information pertaining to job vacancies including but not limited to agencies acting for multiple employers/organizations in order to fill the job vacancies available with those employers/organizations ("Recruiters"). Job Seekers and Recruiters are collectively referred to as "Users" from now on.
The Platform is intended to serve only as a preliminary medium of contact and information exchange between the Users, who have a bona fide intention to contact and be contacted for purposes related to genuine existing job vacancies and for other career enhancement services ("Purpose").
3) Binding Agreement
The Terms of Use constitute a binding legal agreement ("Agreement") between you and the Company. To the extent that you are accessing this Platform in your capacity as a representative of or as an employee of a Recruiter, you represent and warrant that you are agreeing to these Terms of Use on your behalf as well as on behalf of the Recruiter and have the authority to bind such Recruiter to this Agreement.
YOUR ACCESS TO OR USE OF THE PLATFORM, ANY PART THEREOF, OR USE AND DOWNLOADING OF ANY CONTENT AVAILABLE ON IT INDICATES YOUR ACCEPTANCE OF THESE TERMS OF USE AND IS CONTINGENT ON YOUR COMPLIANCE WITH THE TERMS OF USE. YOU AGREE TO USE THE PLATFORM OF YOUR OWN FREE WILL AND AT YOUR OWN RISK.
4) Eligibility
By using and accessing the Platform, you represent and warrant that: a) you are competent to enter into a valid, binding contract as per Indian law, and b) you are eligible to conduct the Purpose lawfully.
5) Use of the Platform
a) The Platform and the services and products offered via the Platform (which include both paid and free services/products) are meant only for legitimate and lawful uses that fall within the Purpose's scope. The Company has the sole and absolute right to determine whether a specific type of action or use falls within the Purpose's scope.
b) The following actions will, among other things, constitute a misuse of the Platform and are strictly prohibited:
(i) Copying, extracting, downloading, sharing, modifying, selling, storing, distributing, making derivative works from, or otherwise exploiting any content, data, or information, including profiles, curriculum vitae, photographs, and graphics, available on the Platform and any services or products of the Company, in any manner or for any purpose which is not consistent with the Purpose and by the Terms of Use. Users are expressly prohibited from using or exploiting the Platform and any content or data provided therein for:
(a) any commercial purposes such as creating alternate databases, extending access to the Platform to third parties without prior written consent of the Company, and
(b) undertaking any business activity that competes with the business of the Company; and
(c) for seeking fees in any name whatsoever and
(d) approaching candidates/jobseekers for any purposes other than for specific existing vacancies and
(e) Sharing access with persons not contracted with the Company.
(f) Reselling the products/services offered by the Company.
(ii) Using or attempting to use any automated program, software, or system or any similar or equivalent process (including spiders, robots, crawlers, etc.) to access, navigate, search, copy, monitor, download, scrape, crawl, or otherwise extract in any manner, any data or content including but not limited to adding or downloading profiles, contact details, or send or redirect messages from the Platform;
(iii) Gaining or attempting to gain unauthorized access (among other things by hacking, password "mining," or any other means) to (a) any portion or feature of the Platform or any of the services or products offered on or through the Platform which are not intended for you; (b) any server, website, program or computer systems of the Company or any other third parties and Users;
(iv) Modifying the services provided through the Platform or their appearance using any technology or overlay any additional offering on top of such services or simulating the Platform's services or its functions in any manner whatsoever without explicit consent obtained in writing by approaching us at <a href= "mailto:legal@tagojobs.com">legal@tagojobs.com</a>;
(v) Accessing the Platform through interfaces other than those expressly provided by the Company;
(vi) Attempting to breach or breach any security or authentication measures set up by the Company about the Platform and attempting to probe, scan, or test the vulnerability of the Company's system or network;
(vii) Scraping, downloading (including bulk-downloading), replicating, or otherwise extracting any information or data from the Platform (by any process, whether automatic or manual) to offer any products or services that are similar to or may in any manner compete with the products or services of the Company;
(viii) Reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to do any of those above or deriving the source code for the Site or Application or any related technology or any part thereof;
(ix) Circumventing or attempting to circumvent any technological protections used or employed by the Company or any third party to protect the Platform's content and exclude robots, spiders, etc., from crawling and scraping content.
(x) Bypassing or Circumventing or trying to circumvent any service limits, including but not limited to Search limits, Captcha limits, and occurrences on different triggers;
(xi) Interfering with or disrupting or attempting to interfere with or disrupt (including by using any device, software, or routine), the use of the Platform or any computer networks connected to the Platform by any other User;
(xii) Developing, using, or attempting to use any automated program, scripts, robots, third-party software or system or any similar or equivalent process (including spiders, robots, crawlers, browser plug-ins/extensions/add-ons, iframes on third-party sites, mirroring, HTML parsers, etc.) to access, navigate, search, copy, monitor, download, scrape, crawl or otherwise extract or modify in any manner, any data or content from the Platform without explicit consent obtained in writing by approaching us at <a href= "mailto:legal@tagojobs.com">legal@tagojobs.com</a>;
(xiii) Impersonating any other person or entity or making any misrepresentation as to your employment by or affiliation with any person or entity;
(xiv) Forging headers or in any manner manipulating identifiers to disguise the origin of any user information;
(xv) Stalking, threatening, or in any manner harassing any other User;
(xvi) Imposing an unreasonable or disproportionately large load on the Platform infrastructure;
(xvii) Engaging in "framing," "mirroring," or otherwise simulating the appearance or function of the Platform (or any part thereof) and providing deep links into this Platform (or any part thereof) without prior permission of Company;
(xviii) Spamming the Platform/Company or any other Users, including by uploading, posting, emailing, SMS, transmitting, or otherwise making available, either directly or indirectly, any unsolicited bulk email or unsolicited commercial email.
(xix) Using the Platform or the contact details of Users for transmitting marketing and promotional mailers/ Offensive messages/ messages or communications using any media unrelated to recruitment or sending unsolicited commercial communications with misleading subject lines to obfuscate the original message intentionally.
(xx) Hosting, modifying, uploading, posting, transmitting, publishing, or distributing any material or information that:
a. Violates any applicable local, provincial, state, national, or international law, statute, ordinance, rule, or regulation for the time being in force;
b. Belongs to another person and to which you have no right;
c. Infringes, breaches, or otherwise contravenes the rights of the Company or any third party, including any copyright, trademark, patent, rights of privacy or publicity, or any other proprietary rights;
d. Contains computer viruses or other computer code, files, or programs designed to disrupt, destroy, interfere with, or limit the functioning of the Platform or any other computer system or resource;
e. Is grossly harmful, harassing, invasive of another's privacy, hateful, disparaging, relating to or encouraging money laundering or gambling in any manner, any content which is or may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libelous, blasphemous, vulgar, pornographic, paedophilic, obscene, or racially, ethnically, or otherwise unlawful in any manner whatsoever;
f. Which constitutes or encourages conduct that would constitute a criminal offense, give rise to other liability, or otherwise violate applicable law;
g. That deceives or misleads the addressee about the origin of such messages or communicates any information that is grossly offensive or menacing in nature;
h. That harms minors in any way;
i. That threatens India's unity, integrity, defense, security, or sovereignty, friendly relations with foreign states, or public order, causes incitement to the commission of any cognizable offense, prevents investigation of any offense, or is insulting to any other nation.
c) In addition to the above, depending upon the nature/services chosen, additional conditions may apply to jobseeker solutions and recruitment solutions. The Users acknowledge that these additional conditions are also integral to these Terms of Use.
NOTICE
THE SERVICES PROVIDED BY THE PLATFORM DO NOT EXTEND TO ACTING AS AN AGENT (EXPRESS OR IMPLIED) OR AS LABOUR CONSULTANTS ON BEHALF OF ANY SUBSCRIBER OR USER.
WE HAVE NO AGENTS AND DO NOT OPERATE THROUGH ANY AGENTS.
d) In case of any misuse of the Platform, the Company reserves its rights to take any actions as it may deem fit, including (i) suspending or terminating your access to the Platform and the Company's products and service, forthwith and without any notice; (ii) removing or turning off any content which is non-compliant with the Terms of Use; and (iii) reporting the incident/misuse to relevant authorities and initiating any legal proceedings. In case your misuse of the Platform results in or is likely to result in any loss or depletion of revenue, reputation, or customer base of the Company, the Company additionally reserves its right to seek adequate relief against the said misuse, including relief by way of damages, injunction, etc.
e) The user understands that:
• Once opted for, pre-interview services can only be activated after the user has uploaded his/her updated profile.
• The Industry expert who conducts the interview can only do so once the service has been activated and the user has shared their resume.
• The user understands that this is a time-based product to be utilized within a specified period. Once opted for, they must use the pre-interview services within a reasonable period of time.
6) Limitations on Use
You agree to strictly abide by any limitations imposed on usage of the Platform by the Company, including restrictions in terms of geography or location (e.g. of access) or quantity (e.g. number of resumes accessed or downloaded in a day). Any violation entitles the Company to stop your access or service and initiate action as deemed fit.
7) Accuracy and Correctness of User Information
While using, registering on, and creating a profile on the Platform, you undertake to provide only accurate and correct information and further undertake to, at all times, keep the information up to date. Users are prohibited from impersonating or masquerading as any other person, whether living or dead.
The Company reserves the right to remove/suspend any content or profile that violates these Terms of Use, including any profile providing false, incorrect, incomplete, or outdated information. The Company also reserves the right to terminate any User's access to the Platform if they fail to furnish accurate or updated contact details.
The Company assumes no liability for the quality and genuineness of responses. TagoJobs cannot monitor the responses that a person may receive in response to the information they have displayed on the site. The individual/company would have to conduct its background checks on the bonafide nature of all response(s).
8) Account Deletion
Note that once you delete your TagoJobs account, you cannot get your TagoJobs profile back. For security reasons, you may be unable to create a new account with the email you used earlier.
Job Search is not a one-time activity. Your TagoJobs profile might be helpful when you search for a new job in the future, so we don't recommend that users delete their profiles. If you wish to delete your account because you already have a job, you can change your 'job search status' to 'Not open to opportunities.'
9) Security of Login Credentials
You are requested not to share passwords to your account(s) on the Platform with any other individual/entity, and you are responsible for what you post. Copying or downloading, recreating or sharing passwords, or sublicensing or sharing in any manner that is not in accordance with these terms is a misuse of the Platform service or product. The Company reserves its rights to act in such manner as to protect its loss of revenue or reputation or claim damages, including stopping your service or access and reporting to relevant authorities.
The username/password created by the subscriber will enable the subscriber to access all the information received through TagoJobs. Still, the sole responsibility for the safe custody of the password shall be that of the subscriber. The Company shall not be responsible for data loss/theft of data/corruption of data or the wrong usage/misuse of the password and any damage or leak of information and its consequential usage by a third party. The Company undertakes to take all reasonable precautions to ensure no leakage/misuse of the password.
If you have registered on the Platform, you are responsible for the safety and security of your login credentials (i.e., your account access information, and passwords). You should not share your login credentials with any other person. You are fully responsible for all uses of your login credentials, including all activities under your account through the Platform. The Company, however, takes all reasonable precautions to ensure that no compromise of login credentials is provided to you.
You agree to immediately notify the Company of unauthorized use of your account and login credentials.
10) Links to Third-Party Sites (continued)
The Platform may make links to other websites available. When you click on such links, you may leave our Platform. These links are provided solely for your convenience, and the presence of these links shall not under any circumstances be considered an endorsement of the contents of the same by the Company. The Company is not responsible for the content on such linked third-party websites and does not make any representations relating to the content on such websites. You do so at your own risk if you choose to access these websites.
11) Disclaimers
a) THE COMPANY IS AN INTERMEDIARY AS DEFINED UNDER SECTION 2(1)(W) OF THE INFORMATION TECHNOLOGY ACT, 2000.
b) The Company shall not be responsible for any content posted by any Users or third parties on the Platform. The Platform primarily serves as a portal for online distribution and publication of information submitted by Users. However, the Company is not obligated to screen any communications or information posted by Users. Views the Users express are their own, and the Company does not endorse them.
If inaccurate or otherwise improper content that does not conform to these Terms of Use is sighted on the Platform, Users are requested to notify the Company using the contact details provided below. If the Company finds such content to be in violation of the Terms of Use, it may, in its sole discretion, take down or request the removal of such content in accordance with applicable laws.
c) Any mention of non-company products or services provided on the Platform is for informational purposes only. Nothing on the Platform shall be considered an endorsement, representation, or warranty to any User or third party, whether regarding its website, products, services, hiring, experience, employment recruiting practices, or otherwise.
d) ALL INFORMATION AVAILABLE ON THE PLATFORM (INCLUDING INFORMATION RELATING TO THE COMPANY, ITS PRODUCTS, and SERVICES) IS PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITES.
e) WITHOUT LIMITATION ON THE preceding:
(i) The Company does not warrant that the Platform will operate error-free or that the site, application, and server(s) are free of computer viruses or other harmful mechanisms. If your use of the Platform results directly or indirectly in the need to service or replace equipment or data, the Company is not responsible for those costs.
(ii) The Company makes no representations regarding the truthfulness, accuracy, completeness, timeliness, or reliability of any content posted by users or of any other form of communication engaged in by users.
(iii) The Company makes no representations regarding the effectiveness of the services or timeliness of the products or services offered through the Platform. The Company does not guarantee that the services or products provided through the Platform will result in candidates being hired and vacancies being filled and is not responsible or liable for any business, employment, hiring, and salary decisions, for whatever reason made, made by you.
Information you post in public areas of TagoJobs.com sites or applications or make visible in the resume and profile database may be accessed, used, and stored by others around the world, including those in countries that might not have legislation that guarantees adequate protection of personal information as defined by your country of residence. While TagoJobs.com takes measures to safeguard your information from unauthorized access or inappropriate use, TagoJobs.com does not control these third parties, and we are not responsible for using the information you give us. Accordingly, you should not post sensitive information or any other information you would not want made public to any TagoJobs.com site or application or a public website.
The Company would not be held liable for loss of any data, technical or otherwise, or of the resume/insertion or information/data or particulars supplied by the user due to acts of god as well as reasons beyond its control like corruption of data or delay or failure to perform as a result of any cause(s) or conditions that are beyond Company's reasonable control including but not limited to strikes, riots, civil unrest, Govt. policies, tampering of data by unauthorized persons like hackers, distributed denial of service attacks, virus attacks, war and natural calamities.
12) Make Your Own Decision
Whilst using this Platform, you are obliged to only provide true and correct information, and when creating a profile, you undertake to keep the information up to date at all times. TagoJobs will not be liable for any inaccuracy of information on this website.
TagoJobs is not responsible for any breach of privacy or of the information provided by the consumer to TagoJobs to be placed on the website by technical or any other means.
It is the responsibility of the visitor to research the information on the site further.
YOU AGREE THAT ANY RELIANCE ON CONTENT OR INFORMATION POSTED ON THE PLATFORM, INCLUDING BY OTHER USERS, OR ON ANY OTHER FORM OF COMMUNICATION OR INTERACTION WITH OTHER USERS WILL BE AT YOUR OWN RISK. USERS ARE REQUESTED TO CONDUCT INDEPENDENT CHECKS BEFORE PROCEEDING WITH ANY TRANSACTION OR EXPLORING ANY EMPLOYMENT OPPORTUNITY BASED ON THE DATA AVAILABLE ON THE PLATFORM.
THE COMPANY DOES NOT GUARANTEE THE AUTHENTICITY, NATURE, AND QUANTUM OF THE RESPONSES TO ANY POST OR APPLICATION UPLOADED BY A USER OR THAT THERE WILL BE ANY RESPONSE AT ALL.
All or any decisions made would be entirely your prerogative, and the Company does not claim to offer any legal or financial advice or provide any guarantees or warranties.
13) Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
