BY SELECTING "AGREE", OR BY TAKING ANY STEP TO INSTALL, ACCESS OR USE THE APP/WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS, DO NOT DOWNLOAD AND/OR USE THE APP/WEBSITE. By download, access and/or use of the App/Website, You agree to these terms and conditions.
Disclaimer and Limitation of Liability: Your access to and use of the App/Website is at Your own will, responsibility and discretion. You must ensure that your download, use of the App/Website and its services / content is lawful in accordance with the laws of India and of the country of which you are a citizen of and/or reside, and/or happen to be at the time of use. Neither TCS nor any Related Parties (as defined hereinafter) shall be taken to make any representations, express or implied, as to the lawfulness of any individual's use, or as to any other aspect of the App/Website. The App/Website and its services / content is provided on “AS IS” and “AS AVAILABLE” basis without any warranty or representation of any kind.
TCS and any other parties involved in the creation, production or delivery of the App/Website and/or its services / content, expressly disclaim any and all warranties, express and implied, including but not limited to any warranties of accuracy, reliability, availability, title, merchantability, non-infringement, fitness for a particular purpose, or that the App/Website and its services / content will meet your requirement, or will be uninterrupted, timely, secure, accurate, complete, virus-free or error-free.
In no event shall TCS or any of its affiliates, subsidiaries, employees, officers, directors and agents (“Related Parties”) be liable for any direct, special, consequential, incidental or indirect losses, damages or costs whatsoever arising out of the access and use of or inability to use, reliance on, the App/Website and its services / content, even if the TCS is aware of the possibility of such losses, damages and known defects.
Intellectual Property Rights: TCS is the sole and exclusive owner of the App/Website. All intellectual property rights in the App/Website and its services / content, including but not limited to copyright, trademarks, patents, trade secrets and design of the App/Website and its services / content is owned by TCS and/or its licensors/TP Content providers. You agree that You shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the App and its service / content.
Prohibited Use: Unless expressly permitted under these terms, You shall not and neither permit others to: (i) copy, modify, publish, download, store, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the App/Website, transmitting, distributing, selling, displaying, communicating, licensing or reproducing any content including text, images, opinions, analysis, statistics, information or photographs, its service / contents or any part thereof; (ii) intentionally interfere with or damage operation of the App/Website or any users’ enjoyment of the App/Website, by any means, including but not limited to uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code; (iii) use any robot, spider, other automatic device/process, or manual process to monitor or copy the App/Website or its contents; (iv) share the authentication details with any other user or circumvent, bypass, delete or remove any form of protection, or usage, functionality or technical restrictions/limitation, or to enable functionality disabled by TCS; (v) access the App/Website and its services / content from any devices which are not at all times under Your possession or control; (vi) gain unauthorized access to the App/Website or misuse the App/Website and its services / content in any manner whatsoever or use the App for any illegal, unauthorized, fraudulent or otherwise improper purpose or effect
Third Party Contents: Through the use of this App/Website, You may access or receive content services from third parties, the accuracy or completeness of the materials, services or the reliability of any advice, opinion, statement, reports, analysis, statistics or other information or services (collectively “the TP Content”) displayed or distributed through it or based on the Content, is not warranted by TCS. TCS is providing the TP Content from or to, or link, to the third party website / services for information purposes only as an additional resource for convenience and do not provide an endorsement or recommendation to such sites / services by TCS of the TP Content, products or services offered through the said websites / services. Such TP Content, products or services are provided ‘AS IS’ and shall be governed by their own terms and conditions. You acknowledge that reliance on any TP Content, product or services made available through the use of the App/Website, suitability for any contemplated use, manner of use and whether any intellectual property rights are infringed shall be at your own discretion, risk and consequences.
Personal Data and its Use: You acknowledge and agree that to enable access to, and effective use of, the App/Website and its services / content, personally identifiable information, including without limitation, name, phone number, email id, education details, device/location details entered into by you for use of the App/Website (“Personal Data”) is necessary and/or may be collected by TCS to enable TCS to administer and provide the access to App/Website and its related services / content. You shall have sole responsibility and liability for the accuracy, quality, integrity, legality, reliability, appropriateness, ownership or right to all data / information entered or disclosed by you, and TCS shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any such data / information. You agree that data / information may be required to be provided/input by you in a format compatible with the services provided by/through the use of the App/Website. It is your responsibility to ensure that Personal Data is always updated and accurate in order to be able to effectively use the App/Website and its services / content.
You acknowledge and agree that any Personal Data may be stored and/or processed by TCS on your behalf. You shall be the data controller and TCS shall be a data processor and in any such case:
You acknowledge and agree that TCS may use Your resume data for hiring purposes. The eligible and suitable candidates may be contacted by TCS and/or its authorized agents.
Interactive Services/Features: If at any time this App/Website provides any features enabling You to give Your input and/or share content and/or connect to other users of the App/Website, including but not limited to by way of chat rooms, blogs, message board facilities, polls, or other third party sharing medium/platform, etc. (“Interactive Services”), TCS may, but is not obligated to, monitor and/or moderate any Interactive Service provide on or through our App/Website. You agree and acknowledged that as a user of the App/Website, You may be visible to other users of the App/Website in Your vicinity/demographic area with whom You may connect or who may connect with You using Interactive Services. Please be careful about what information, including personal information, You disclose in this way. TCS and its Related Parties shall not be responsible for use of personal information by any third party which You may make available. Additional terms may apply to such Interactive Services. Where additional terms apply to an Interactive Service, these will be accessible for You to read either within, or through the use of, that Interactive Service. Where such Interactive Services are provided by or through a third party website/service, You agree to abide by the terms and conditions of such third party service/platform/website including their privacy policies. For example, during the use of the App/Website if you intend to share App/Website content or your resume, you may be prompted to sign in to Your Facebook or other preferred sharing medium/platform/email account using your credentials. This is an optional step. Even in case you login to Facebook or such other preferred sharing medium/platform/email, the user id and password are not saved in our App/Website database.
Such Interactive Services are provided on ‘AS IS’ and ‘AS AVAILABLE’ basis and only on select operating system(s) / platform(s) and versions thereof. You represent, warrant and covenant that You will not upload, post, transmit, distribute, or otherwise publish through this App/Website or any Interactive Service provided hereunder any materials / content which, are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, or indecent; constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law; violate, plagiarize or infringe the rights of any third party including, without limitation copyright, trademark, patent, rights of privacy or publicity, or any other right of any third party; contain a virus or other harmful or potentially harmful component; contain any information advertising of any kind; constitute or contain false or misleading indications of origin or statements of fact; or restrict or inhibit any other user from using and enjoying the App/Website and/or its services or content. TCS expressly excludes its liability for any loss or damage arising from the use of any Interactive Service by You or any other person in contravention of these Terms, whether the service is moderated or not. You shall indemnify and hold TCS and its Related Parties harmless at all times from and against any third party claims direct or indirect which might have been raised or relates to the material uploaded or submitted or shared by You or from Your use of the App/Website and/its services/content.
Notices: In case of any suggestions, complaints, grievances including for any violation of intellectual property rights, You may send TCS a notice through email at firstname.lastname@example.org supported with the following documents/information:
Upon receiving of the Notice in the format as requested above, TCS shall evaluate the details provided details, facts and evidences to take further action if required which is appropriate in its sole discretion. You covenant to provide any further information or documents which TCS may reasonably request in order to address Your concern. If the complained or disputed issue/matter pertains to a third party, the TP Content or OSS then You need to directly serve the notice to the respective third party as prescribed by the third party or by any lawful means. TCS shall not be liable and takes no responsibility for receiving any Notices on behalf of any third party or non-compliance by the third party to take remedial actions as requested by You.
For Take-Down Notices relating to Storage of Transient or Incidental Copies of Work Under Indian Copyright Act and Rules: Under the Indian Copyright Rules, 2013 (Rule 75), TCS will accept the notice in writing under section 52(1)(c) in the format as prescribed in Rule 75 sub rule 2. On receipt of the written complaint, TCS if satisfied with the details provided in the complaint shall take measures to refrain from facilitating access for a period of twenty-one days or till TCS receives an order from the competent court refraining the access, whichever is earlier. In the event no such order is received before the expiry of twenty-one days, TCS may restore access to such content or matter.
Termination: If you breach the provisions of these terms and conditions or violate any law, rule or regulation of India or any other country, your access and use of the App/Website is automatically terminated and any subsequent access and use is unauthorized. TCS reserves all the rights to restrict access to and/or immediately remove or block any and all contents uploaded by the user that violates these terms and conditions or is non-compliant in TCS’ sole discretion and TCS shall have the right to take appropriate measures available to it under the applicable law. TCS and all its Related Parties described hereinabove stand indemnified by you from and against all liabilities, costs or consequences arising out of proceedings or matters arising thereto resulting from your access and use of the App/Website and its services / content.
You may terminate this Agreement by uninstalling the App from your device or blocking your access to the website at your own discretion. Your Personal Data shall not be retained for longer than it is required for the purposes for which the information may lawfully be used or is otherwise required under any law for the time being in force. You can also send an email to email@example.com requesting deletion of Your Personal Data. TCS will take at least thirty (30) business days from the date of receipt of request with complete details to delete the Personal Data provided it is/may not otherwise required under any law for the time being in force. However, already published reports and analytical collated data also having user’s details cannot be deleted.
Jurisdiction: These terms & conditions shall be governed by and construed in accordance with the laws of India without regard to conflict of law principles and Parties agree to irrevocably submit to the exclusive jurisdiction of the courts at Mumbai, India.
Those who choose to access this App/Website from outside India are responsible and liable for compliance with local laws if and to the extent local laws are applicable.
Dispute Resolution: Any dispute or difference arising out of or in connection with this T&C, including any question regarding its existence, operation, termination, validity or breach thereof shall be referred to and finally resolved by arbitration shall be conducted in accordance with arbitration rules of the Bombay Chamber of Commerce and Industry (BCCI), which rules, as modified from time to time, are deemed to be incorporated by reference into this clause by an arbitration panel comprising of a sole arbitrator appointed by BCCI. The venue for arbitration shall be Mumbai and the language for the proceedings shall be English. The Parties agree that the award passed by the arbitration panel shall be final and binding upon the Parties, and that the Parties shall not be entitled to commence or maintain any action in any court of law in respect of any matter in dispute arising from or in relation to the Agreement, except for the enforcement of an arbitral award passed by an arbitration panel pursuant to this clause. The cost for the Arbitration proceedings shall be borne by the losing Party. Nothing herein shall prohibit TCS from seeking a temporary restraining order, preliminary injunction or other provisional relief if, in its judgment, such action is necessary to avoid irreparable damage, to preserve the status quo or to prevent or stop the violation of these term and conditions and/or infringement of intellectual property rights or other proprietary rights of TCS and/or its licensors.
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