Revised: 29 July 2020

These Terms of Use are effective immediately for users registering accounts or otherwise acknowledging acceptance of these terms on or after the revision date. For other users who registered accounts before the revision date, it will become effective thirty (30) days after the revision date.

These Terms of Use (the "Terms") govern your access to and use of our website, emails, SMS and phone ("AJO") for interacting with AJO such as extending offer and providing feedback (“Content”). By accessing and using AJO, you agree to comply with these Terms. The term “you”/”user” refers to an individual or a company / legal entity. If you are using AJO on behalf of a company or other legal entity, then "you"/”user” also means such company or legal entity and you agree to be bound by these Terms even if we have a separate agreement with you. You may not use AJO if you do not agree to the Terms posted on AJO at the time you access AJO. (The terms “AJO”, “our”, "we" and "us" refer to Catisia Solutions, an Indian corporation.)

PURPOSE:

AJO is intended only to serve as a medium of extending / confirming / declining job offer / work contract and exchange of information / interview feedback / follow-ups feedback during its process by the users involved related to the current and past interactions for this purpose, for its users who have a bona fide intention for purposes related to genuine job offers / work contracts (permanent / temporary / contract or others).

USE TO BE IN CONFORMITY WITH THE PURPOSE:

AJO (website, email, SMS, phone) that is subscribed to or used (whether the same is paid for by you or not) is meant for the Purpose and only the exclusive use of the registered user. Copying or sharing content or sharing passwords or sharing in any manner which is not in accordance with these terms, is a misuse of AJO, and AJO reserves its rights to act in such manner as to protect its loss of revenue or reputation or claim damages by / including stopping your service or access and reporting to relevant authorities. In the event you are found to be misusing or transmitting any information available on AJO for any purpose other than that being a bona fide Purpose, we reserve the right to take such action that we deem fit including stopping access and claiming damages.

ELIGIBILITY TO USE AJO

An employer and its authorized agent(s) are permitted to use AJO through individual logins provided to the employer’s authorized agents, and any data about that employer provided via these accounts are for the employer's internal business purposes. You may not use AJO if we have terminated your account or banned you.

YOUR AJO ACCOUNT

You are entirely responsible for maintaining the confidentiality of your password. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. Passwords are subject to cancellation or suspension by AJO at any time.

YOUR INTERACTION THROUGH YOUR AJO ACCOUNT

You are entirely responsible for your actions on AJO – in case of an employer using AJO through its authorized agent(s), these actions include but not limited to providing an offer to the user, providing feedback on your interactions with the user, marking the feedback of avoiding the candidate, and providing a separate feedback on a user. AJO will attempt to ensure that your content is confirming to our Usage Rules for posting content, however, you are solely responsible for maintaining documentary evidence to support your actions / feedbacks and content posted on AJO. In case of a user providing feedback on an employer, the user is entirely responsible for maintaining documentary evidence to support the user’s actions / feedback and content posted on AJO.

You authorize AJO to use your email address and date of birth to identify and contact you.

AJO will not be responsible for the accuracy of the content / action / feedback by a user. If you do not agree with the content posted by the employer / user, you have the opportunity to post your content to support your actions.

AJO will not be liable on account of any inaccuracy of information on AJO. It is the responsibility of the user to independently research and take their decision.

AJO does not share personally identifiable data of any individual with other companies / entities without obtaining permission for the same from the individual. AJO shall share all such information that it has in its possession in response to legal process, such as a court order or subpoena.

The user shall not utilize the services offered by AJO in any manner so as to impair the interests and functioning of AJO. The user undertakes not to duplicate, download publish, modify and distribute material on AJO unless specifically authorized by AJO in this regard.

The user undertakes to use AJO for his/her own purposes. Using content from AJO for derivative works with a commercial motive without prior written consent from AJO is strictly prohibited.

USAGE RULES

You represent and warrant that you will use AJO solely for lawful purposes in a manner consistent with these Terms and any and all applicable laws, regulations, or other legally enforceable obligations (including contractual obligations) you may have towards us and any third parties. You are solely responsible for any and all Content that is posted through your account on AJO ("Your Content"). You agree that by submitting Your Content to AJO, you have reviewed and understood our Community Guidelines. You understand that you may expose yourself to liability if Your Content or other use of AJO violates applicable law or any third-party right.

You agree that you will not:

1. Provide false information or misleading information related to yourself through various means including but not limited to false resume, false documents, false academic credentials etc.
2. Post Content that you do not own or have the right to post in accordance with the license set forth in these Terms
3. Violate these Terms, the terms of your agreements with us, explicit restrictions set forth in our Community Guidelines, or any applicable law, rule or regulation
4. Post Content that is defamatory, libelous, or fraudulent; that you know to be false or misleading; or that does not reflect your honest opinion and experience
5. Act in a manner that is harassing, threatening, abusive, racist or bigoted, is otherwise objectionable (as determined by AJO)
6. Promote, endorse or further illegal activities
7. Disclose information in violation of any legally enforceable confidentiality, non-disclosure or other contractual restrictions or rights of any third party, including any current or former employers or potential employers
8. Violate the privacy, publicity, copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any third-party
9. Imply a AJO endorsement or partnership of any kind without our express written permission
10. Introduce software or automated agents to AJO, or access AJO so as to produce multiple accounts, generate automated messages, or to scrape, strip or mine data from AJO without our express written permission
11. "Frame" or "mirror" or otherwise incorporate part of AJO into any website, or "deep-link" to any portion of AJO without our express written permission.
12. Copy, modify or create derivative works of AJO or any Content (excluding Your Content) without our express written permission
13. Copy or use the information, Content (excluding Your Content), or data on AJO in connection with a competitive service, as determined by AJO
14. Sell, resell, rent, lease, loan, trade or otherwise monetise access to AJO or any Content (excluding Your Content) without our express written permission
15. Interfere with, disrupt, modify, reverse engineer, or decompile any data or functionality of AJO
16. Interfere with, disrupt, or create an undue burden on AJO or the networks or services connected to AJO
17. Introduce any viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software to AJO; or Attempt to circumvent any security feature of AJO

The user shall not upload, post, transmit, publish, or distribute any material or information that is unlawful, or which may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or racially, ethnically, or otherwise objectionable.

The user expressly states that the resume being uploaded to AJO by the user is correct and complete in all respects and does not contain any false, distorted, manipulated, fraudulent or misleading facts or averments.

Further, the user agrees to indemnify AJO for all losses incurred by AJO due to any false, distorted, manipulated, defamatory, libelous, vulgar, obscene, fraudulent or misleading facts or otherwise objectionable averments made by the user on AJO.

The User/Subscriber/Visitor to AJO and/or its affiliated websites does hereby specifically agree that he/she shall, at all times, comply with the requirements of the Information Technology Act, 2000 as also rules, regulations, guidelines, bye laws and notifications made thereunder, while assessing or feeding any resume or information / data into the computers, computer systems or computer network of AJO. The said User / subscriber / visitor to AJO and / or its affiliated websites does further unequivocally declare that in case he violates any provisions of the Information Technology Act, 2000 and / or rules, regulations, guidelines, byelaws and notifications made thereunder, he shall alone be responsible for all his acts, deeds and things and that he alone shall be liable for civil and criminal liability there under or under any other law for the time being in force.

The User is solely responsible for obtaining, at his own cost, all licenses, permits, consents, approvals and intellectual property or other rights as may be required by the user for using the Service.

THE USER REPRESENTS, WARRANTS AND COVENANTS THAT ITS USE OF AJO WEBSITE SHALL NOT BE DONE IN A MANNER SO AS TO:

1. Violate any applicable local, provincial, state, national or international law, statute, ordinance, rule or regulation;
2. Interfere with or disrupt computer networks connected to AJO website;
3. Forge headers or in any manner manipulate identifiers in order to disguise the origin of any user information;
4. Interfere with or disrupt the use of AJO by any other user, nor "stalk", threaten, or in any manner harass another user;
5. Use AJO in such a manner as to gain unauthorized entry or access to the computer systems of others;
6. Reproduce, copy, modify, sell, store, distribute or otherwise exploit for any commercial purposes AJO website
7. Use content from AJO for derivative works with a commercial motive without prior written consent of the AJO.
8. Use any device, software or routine to interfere or attempt to interfere with the proper working of AJO; or
9. Impose an unreasonable or disproportionately large load on AJO infrastructure.
10. Spam AJO by indiscriminately and repeatedly posting content or forwarding mail that may be considered spam etc.
11. Access data not intended for you or log into server or account that you are not authorized to access;
12. Constitute an act of reverse engineering, decompiling, disassembling, deciphering or otherwise attempting to derive the source code for AJO or any related technology or any part thereof
13. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of AJO
14. Attempt to probe, scan or test the vulnerability of a system or network
15. Use automated means to crawl and/or scrape content from AJO and to manually scrape content from AJO
16. AJO uses technological means to exclude Robots etc. from crawling it and scraping content. You undertake not to circumvent these methods.
17. Attempt or breach security or authentication measures without proper authorization;
18. User shall under no circumstance sublicense, assign, or transfer the License/share userid login, and any attempt at such sublicense, assignment or transfer is void.
19. Constitute hosting, modifying, uploading, posting, transmitting, publishing, or distributing any material or information
    1. For which you do not have all necessary rights and licenses;
    2. Which infringes, violates, breaches or otherwise contravenes the rights of any third party, including any copyright, trademark, patent, rights of privacy or publicity or any other proprietary right;
    3. Which contains a computer virus, or other code, files or programs intending in any manner to disrupt or interfere with the functioning of AJO, or that of other computer systems;
    4. That is grossly harmful, harassing, invasive of another's privacy, hateful, disparaging, relating to money laundering or unlawful, or which may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libelous/blasphemous, vulgar, obscene, or racially, ethnically, or otherwise unlawful in any manner whatsoever;
    5. Which constitutes or encourages conduct that would constitute a criminal offence, give rise to other liability, or otherwise violate applicable law;
    6. That deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
    7. That belongs to another person and to which the user does not have any right to;
    8. That harm minors in any way;
    9. That threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

The user shall not infringe on any intellectual property rights of any person / entity or retain information / download any information from any computer system or otherwise with an intention to do so.

ENFORCEMENT BY AJO

1. Removal of Content. While AJO has no obligation to do so, AJO reserves the right to review and delete any Content (or portion thereof) that we believe, in our sole discretion, violates these Terms or other applicable policies posted on AJO (including our Community Guidelines), or that we deem, in our sole discretion, inappropriate. If you see any Content on AJO that you believe violates our policies, you may report that Content by contacting us on our published email address. Once notified, we will review the Content and consider whether to remove it (or a portion thereof).
2. Non-removal of Content: 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.
3. Other Enforcement Actions. 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 (or portions thereof) from AJO; suspending your rights to use AJO; terminating your membership and account; reporting you to law enforcement, regulatory authorities, or administrative bodies; and taking legal action against you.

RIGHTS TO YOUR CONTENT

We do not claim ownership to any Content that you submit to AJO, but you grant us the rights to use such Content as set forth below. By submitting any Content to AJO, you hereby grant to us an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license (with the right to sublicense through unlimited levels of sublicenses) to use, copy, perform, display, create derivative works of, adapt and distribute such Content in any and all media (now known or later developed) throughout the world. To the greatest extent permitted by applicable law, you hereby expressly waive any and all of your moral rights applicable to AJO's exercise of the foregoing license. You agree that this license includes the right for us to provide, promote, and improve AJO and to make Content submitted to or through AJO available to other companies, organisations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content on other media and services, subject to our terms and conditions for such Content use. No compensation will be paid with respect to the Content that you post through AJO. You should only submit Content to AJO that you are comfortable sharing with others under the terms and conditions of these Terms.

RIGHTS TO USE AJO CONTENT

AJO contains Content provided by us and our licensors. We and our licensors (including other users) own and retain all proprietary (including all intellectual property) rights in the Content we each provide and AJO owns and retains all property rights in AJO. If you are a user, we hereby grant you a limited, revocable, non-sublicensable licence under the intellectual property rights licensable by us to download, view, copy and print Content from AJO solely for your personal use or the use of your company which is registered on AJO. Except as provided in the foregoing, you agree not to: (1) reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, adapt or create derivative works based on AJO or the Content (excluding Your Content); or (2) rent, lease, loan, or sell access to AJO.

ACCOUNT TERMINATION

These Terms remain in effect while you use AJO and, for registered users, as long as your account remains open. You may delete your account at any time. We may suspend or terminate your account or your access to AJO, for any or no reason, without notice to you. We will have no liability whatsoever to you for any termination of your account. All provisions of these Terms shall survive termination except those provisions granting access to or use of AJO. For the avoidance of doubt, you agree that these Terms apply to your use of AJO and any Content posted on AJO at any time prior to the termination of these Terms.

INDEMNITY

You agree to defend, indemnify, and hold us and our subsidiaries and our and their respective officers, proprietor, directors, board members, board advisors, employees, partners, agents successors and assigns (collectively, the "AJO Group") harmless from any loss, liability, claim, or demand, including reasonable lawyers' fees and costs, made by any third party due to or otherwise arising from your use of AJO, including due to or arising from your breach of any provision of these Terms.

You are solely responsible for your interactions with other users and we are not responsible for the activities, omissions, or other conduct, whether online or offline, of any user of AJO. We are not responsible for any incorrect, inaccurate, or unlawful Content (including any information in resumes or documents) posted on AJO, whether caused by users or by any of the equipment or programming associated with or utilized in AJO. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication with other users. We are not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or on AJO or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with AJO. Under no circumstances shall we be responsible for any loss or damage resulting from the use of AJO or from any Content posted on AJO or transmitted to users, or any interactions between users of AJO, whether online or offline.

AJO is provided "as-is" and as available. We expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that: (1) AJO will meet your requirements; (2) AJO will be available on an uninterrupted, timely, secure, or error-free basis; or (3) the results that may be obtained from the use of AJO will be accurate or reliable.

You hereby release the AJO Group from any and all claims, demands, and losses, damages, rights, claims, and actions of any kind that are either directly or indirectly related to or arises from: (1) the actions, Content, or data of third parties (including other users) (2) your participation in any offline interactions.

CHANGES TO TERMS

We may revise these Terms from time to time by posting an updated version on AJO. The revised Terms will be effective immediately for users registering accounts on or after the revision date. For users who registered accounts before the revision date, they will become effective thirty (30) days after the revision date. If we make a change that we believe materially reduces your rights or increases your responsibilities, we will notify you by email or by means of a notice on the AJO website prior to the change becoming effective. We may provide notice of changes in other circumstances as well. Any such changes will not apply to any claim brought prior to the effective date of the revised Terms incorporating such changes. We encourage you to periodically review this page for the latest information on our Terms. Your continued use of AJO is subject to the most current effective version of these Terms.

DISPUTE RESOLUTION

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. YOU AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND AJO ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND AJO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.

AJO will not be party to any legal proceedings between users. In case AJO is implicated in any legal proceedings, costs will be recovered from the party that names AJO however will abide with any court order served on it through due process.

The services provided by the websites maintained, operated or owned by AJO do not extend to acting as an agent (express or implied) on behalf of any user.

BY ACCEPTING THESE TERMS AND CONDITIONS, YOU AGREE TO INDEMNIFY AND OTHERWISE HOLD HARMLESS AJO, ITS PROPRIETOR / DIRECTORS, OFFICERS, EMPLOYERS, AGENTS, SUBSIDIARIES, AFFILIATES AND OTHER PARTNERS FROM ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF, RELATING TO, OR RESULTING FROM YOUR USE OF THE SERVICES OBTAINED THROUGH AJO INCLUDING BUT NOT LIMITED TO INFORMATION PROVIDED BY YOU OR ANY OTHER MATTER RELATING TO AJO.

IN NO EVENT SHALL THE AJO GROUP BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF AJO, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WHERE PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE AJO GROUP'S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF AJO (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO ONE THOUSAND INDIAN RUPEES (INR 1,000).

If any dispute arises between a user/users and AJO arising out of use of AJO or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of these Terms and Conditions, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by AJO. Decision of the arbitrator shall be final and binding on both the parties to the dispute. The arbitration shall be governed by MCCIA, Pune, India. The Arbitration & Conciliation Act, 1996 as amended, shall govern the arbitration proceedings.

These Terms and Conditions shall be governed by the laws of Republic of India. The exclusive forum for any disputes arising out of or relating to these Terms of Use shall be a court of law located in Pune, India.

In case of non compliance of these Terms and Conditions, AJO may terminate usage rights and take down any offending information that might have been uploaded by such user.

ENTIRE AGREEMENT

Except as specifically stated in another agreement we have with you, these Terms constitute the entire agreement between you and us regarding the use of AJO and these Terms supersede all prior proposals, negotiations, agreements, and understandings concerning the subject matter of these Terms. You represent and warrant that no person has made any promise, representation, or warranty, whether express or implied, not contained herein to induce you to enter into this agreement. Our failure to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. To the extent allowed by law, the English version of these Terms are binding and the translations are provided for convenience only. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with AJO's prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void. The section titles in the Terms are for convenience only and have no legal or contractual effect; as used in the Terms, the word "including" means "including but not limited to."

Our Principles

AJO provides a transparent platform for job offers between employers and candidates for a win-win to all. We follow these open principles to ensure the same to all parties:

1. We never edit or alter the text of your feedback.
2. We never suppress, filter, or delete content simply because it is negative/lower-rated, or positive/higher-rated.
3. We apply the same standard of review for all content
4. We review every feedback through our team to determine if it meets our guidelines.
5. We stay neutral in all cases of dispute; we don’t take sides and we don’t act as the finder of fact with respect to review content.

Community Guidelines

AJO strives to provide a professional platform for factual and unbiased interaction between our users. Please follow these community guidelines for a professional interaction:

1. Please use courteous and professional language at all times.
2. Your feedback and Content should be genuine and based on facts.
3. If you are an employer, please provide facts. Do not provide opinions such as your company’s judgement on a candidate; for example – interview assessment of a candidate. Please maintain documentary evidence such as emails exchanged with candidate, documents obtained from candidate, emails mentioning interview details, email mentioning offer letter, offer details etc.
4. You should not mention any confidential information (such as salary information) on AJO.
5. Your Content should not name any individual.
6. You cannot threaten with legal or other punitive damages
7. We do not approve Content that has profanities, threats of violence or abusive language.
8. Your writing doesn't have to be perfect, but we need to be able to understand it. We reject Content for excessive capitalization or filler words/characters. And remember, your Content would be more credible if you use good grammar, spelling and punctuation.

Our team would send you email for any Content rejections, and provide you advice on how to conform to our Community Guidelines and resubmit your Content.

The Content approved and posted on AJO are provided by users on AJO. The information expressed in Content are those of AJO users and not of AJO.

If you see something on AJO that you believe violates our guidelines, you should contact AJO as per our contact information. We will reply via email with our decision. Please keep in mind that flagging a piece of content for a second look does not guarantee that it will be removed from AJO. Because of the diversity of our community, it's possible that something could be disagreeable or disturbing to you without meeting the criteria for being removed or blocked.

We ask our users to understand that we apply the same standard of review for all content. Ultimately, content decisions are within our sole discretion and we do not negotiate about our application of a guideline to our final decision as to whether or not a piece of content warrants removal.