TERMS AND CONDITIONS
INTRODUCTION
These Terms and Conditions will be applicable to use of any digital or physical product or services of PLACEMENT ERP in any manners.
These Terms & Conditions governs your use of the website placementerp.com, and mobile applications of “PLACEMENT ERP” and other related digital or physical product or services (hereinafter collectively referred to as “PLACEMENT ERP”). “PLACEMENT ERP ”including its , Name & Style, Trademark, intellectual property, brand, business, website, domains, App and other digital or physical product or servicesis operated by the company 24 Digitals a company incorporated under the Companies Act, 2013 and having its registered office at B-403/404 Aadinath Palace, near Vasant Valley Complex, Khadakpada, Kalyan- West, District – Thane, Maharashtra State, India- 421301., who is the sole owner and of “PLACEMENT ERP” and governs these Terms & Conditions. (herein after referred to as “Company”)
Please read this “Terms and Conditions” thoroughly along with Company’s “Privacy Policy”, “User Policy” and other terms and policies available on PLACEMENT ERP (www.placementerp.com) website to understand company’s terms, policies and practices regarding use of PLACEMENT ERP.
IMPORTANT TERMS:
This “Terms and Conditions” document constitutes an “Electronic Agreement” between the Company and the User of Company’s Website / Product / Services under the laws applicable to the User. This electronic record is generated by a computer system and does not require any physical or digital signatures. You agree that this electronic Agreement, made on or through the website, entered into a relationship between You and the Company.
We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is your responsibility to review these Terms of Use periodically for 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.
YOU CONFIRM YOUR AGREEMENT TO THESE TERMS & CONDITIONS ALONG WITH PLACEMENT ERP PRIVACY POLICY AND OTHER TERMS AND POLICIES AVAILABLE ON PLACEMENT ERP WEBSITE WITH IMMEDIATE EFFECT BY ACCESSING, BROWSING OR OTHERWISE USING THE “PLACEMENT ERP” WEBSITE OR ITS OTHER PRODUCT OR SERVICES, OR BY USING THE PLACEMENT ERP IN ANY MANNERSINDICATING YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. YOUR ACCESS OR USE OF OUR WEBSITE INCLUDING MOBILE APP AND OTHER PHYSICAL OR DIGITAL PRODUCTS OR SERVICE SHALL MEAN THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND WITH THESE “TERMS AND CONDITIONS”.
If you will be using the Services on behalf of an organization, you agree to these Terms on behalf of that organization and you represent that you have the authority to do so. In such case, “you”, “your”, “customer”,“user” will refer to that organization.
PURPOSE:
PLACEMENT ERP is intended only to serve as a preliminary medium of contact and exchange of information for its users / members / visitors who have a bona fide intention to contact and/or be contacted for the purposes related to genuine existing job vacancies and for other career enhancement services. PLACEMENT ERP is subscribe 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 subscriber/registered user.
MAIN TERMS
- DEFINTIONS.
The terms “We” / “Us” / “Our” used in these “Terms and Conditions” refer to the “Company”.
The terms “You”/ “Your”/ “Yourself” document in these “Terms and Conditions” refer to the Users of the PLACEMENT ERP.
The term “Applicable Law” applicable laws, rules, regulations, circulars, orders or other instructions (having force of law) of any government, legal or judicial authority in the territory of the User.
“Affiliate” means any entity which directly or indirectly controls, is controlled by or is under common control with an entity.
“Customer” or “User” or “you” means the customer accepting this Agreement and identified on the cover page of this Agreement.
“Customer Data” means all data (including Personal Data and End User data) that is provided to PLACEMENT ERP by, or on behalf of, Customer through Customer’s use of the Services, and any data that third parties submit to Customer through the Services.
“End Users” means Customer’s employees, agents, independent contractors, and other individuals authorized by Customer to access and use the Services.
“Intellectual Property Rights” means current and future worldwide rights under patent, copyright, design rights, trademark, trade secrets, domain names and other similar rights, whether registered or unregistered.
“Order Form” means an order form, sales order, purchase order, sales quote, or similar document referencing and made under this Agreement and signed by the parties.
“Personal Data” means information relating to a living individual who is, or can be, reasonably identified from information, either alone or in conjunction with other information (a "Data Subject"), within Customer’s control and which is stored, collected or processed within one of Customer’s PLACEMENT ERP End User accounts.
Services” means the products and services offered by PLACEMENT ERP.
Some of our services may also have additional terms that apply. You should read all those applicable terms as well.
“SSTs” means service-specific terms that apply to specific Services located here and that are incorporated into and form a part of this Agreement.
“Content” means notes, messages, emails, billboard postings, photos, drawings, data, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Website.
“PLACEMENT ERP” means the Name, brand, domain, website, (www.placementerp.com), mobile applications, content, logos and other digital or physical product or services which represent to PLACEMENT ERP portfolio of the Company.
2 SERVICES.
2.1 Provision of Services. PLACEMENT ERP will provide the Services to Customer in accordance with this Agreement, including any Order Forms and any applicable SSTs.
2.2 Membership Eligibility: Use of the PLACEMENT ERP is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the PLACEMENT ERP. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the PLACEMENT ERP website and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. PLACEMENT ERP reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Company's notice or if it is discovered that you are under the age of 18 years.
2.3 Order Forms. The parties may enter into Order Forms under this Agreement. Customer’s Affiliates may enter into Order Forms under this Agreement. Any such Order Form may be signed by Company or a Company affiliate pursuant to the requirements. Any reference in the Agreement to “Customer” will refer to the Customer entity signing the Order Form and any reference in the Agreement to “Company” will refer to the Company contracting entity signing the Order Form. Each Order Form will incorporate the terms and conditions of this Agreement and will be a separate contract between the entities entering into the Order Form.
2.4 Third-Party Services. If Customer integrates the Services with any non-PLACEMENT ERP-provided third-party service (such as a third party’s service that uses an application programming interface (API)), Customer acknowledges that such third-party service might access or use Customer Data and Customer permits the third-party service provider to access Customer Data as required for the interoperation of that third- party service with the Services. Customer is solely responsible for the use of such third-party services and any data loss or other losses it may suffer as a result of using any such services.
3 SUBSCRIPTION SERVICES.
3.1 License and Term.
(a) License: Subject to the terms and conditions of this Agreement, Company grants Customer a non-exclusive, non-transferable worldwide right to access and use the PLACEMENT ERP Services during the subscription term.
(b) Subscription Term. The initial term of each subscription is specified on the Order Form. Subscriptions will automatically renew at the end of each subscription term for additional periods equal to one year, unless either party gives the other written notice of non-renewal at least 30 days before the end of the then-current subscription term.
(c) Subscription Units Added Mid-subscription. An Order Form may be used to add more subscription units (e.g. seats or packages) to a subscription during a subscription term. The per unit pricing for those additional subscription units will be as specified on the Order Form of the underlying subscription (or, absent such specification, at the same per unit pricing as the underlying subscription pricing), prorated for the portion of that subscription term remaining at the time the subscription units are added. Any such additional subscription units will renew or terminate on the same date as the underlying subscription. Subscription units relating to a Service cannot be decreased during a subscription term for that Service.
4. SERVICE FEATURES AND TERMS.
4.1 Resume Display
(a) Company offers neither guarantee nor warranties that there would be a satisfactory response or any response at all once the resume is put on display.
(b) Company neither guarantees nor offers any warranty about the credentials of the prospective employer/organization which down loads the information and uses it to contact the prospective employee / visitor / user / subscriber.
(c ) It shall be the sole prerogative and responsibility of the individual to check the authenticity of all or any response received pursuant to the resume being displayed by Company for going out of station or in station for any job / interview and Company assumes no responsibility in respect thereof.
(d) PLACEMENT ERPhas the right to make all such modifications/editing of resume in order to fit the resume in its database.
4.2 Recruiter Connection
(a) If the recruiter does not view the message sent to him/her within 15 days, the period being subject to change without prior notice, then the credit would be returned to the jobseeker. Credits will be returned only once.
(b) All the credits are valid for one year from the date of purchase.
(c ) After contacting a recruiter, the jobseeker cannot send a message to the same recruiter for 30 days, the period being subject to change without prior notice.
(d) Using the service, the jobseeker would be able to send a message of maximum 1000 characters along with a subject line of maximum 200 characters, the number of characters being subject to change without prior notice.
(e ) PLACEMENT ERPoffers neither guarantee nor warranties that there would be a satisfactory response or any response at all once the message is sent to the recruiter.
(f) PLACEMENT ERPneither guarantees nor offers any warranty about the credentials of the prospective recruiter/organization which sees the message and down loads the information and uses it to contact the prospective employee / visitor / user / subscriber.
(g) It shall be the sole prerogative and responsibility of the individual to check the authenticity of all or any response received pursuant to the connect message for going out of station or in station for any job / interview and PLACEMENT ERPassumes no responsibility in respect thereof.
4.3 Resume Writing
(a) In case necessary inputs required by us for commencing the services are not received by us within 30 days of the payment, the order shall stand cancelled and the any amounts paid shall be appropriated.
(b) The subscriber shall certify that the information/data supplied by it to Company is accurate and correct.
(c ) The subscriber shall give reasonable time to Company for writing of resumes.
(d) The subscriber must respond to the queries raised (sent by email) by Company within 7 days of such a query being raised failing which, Company shall stand absolved of all its obligation, if any.
(e ) Company offers no guarantee nor warranties that there would be a satisfactory response or any response at all once the resume is written and used by the subscriber to apply for jobs.
(f) The subscription amount once paid for by the subscribers is not refundable and all amount(s) paid on behalf of the subscriber shall stand appropriated.
(g) The liability, if any, of Company is limited to the extent of the amount paid by the subscriber.
4.4 Job Listing
(a) Company shall place the information relating to vacancies on its website or such other mirror or parallel site(s) or in allied publications as Company may deem fit and proper but such additional web hosting shall be without any extra cost to the subscriber / user.
(b) The insertion so displayed shall be for a fixed period (currently 30 days), which period is subject to change without notice. Every instance of refreshing and existing listing entitles you to an additional fixed period (currently 30 days) starting from the date on which the listing is refreshed and shall be counted as fresh posting.
(c ) Company reserves its right to reject any insertion or information/data provided by the subscriber/customer without assigning any reason either before uploading or after uploading the vacancy details, but in such an eventuality, any amount so paid for, may be refunded to the subscriber on a pro-rata basis at the sole discretion of Company.
(d) By posting/uploading a job posting on the website you confirm that you have obtained all licenses/permits as are necessary for recruitment and to indemnify COMPANY against all claims, damages arising out of actions/claims that may be made in relation to the same.
(e ) Company has the right to make all such modifications/editing of the vacancy details in order to fit its database.
(f) The Subscriber/Recruiter will provide up to a maximum of 2 email id's for vacancies posted on PLACEMENT ERPto collect response(s) if any. The contact information given by the subscriber for all listing should be the same and the subscriber cannot give multiple contact information/data for the purpose of listing.
(g) All information intimated by the subscriber / recruiter and displayed by Company on PLACEMENT ERPbecomes public knowledge and Company may at its sole discretion include the vacancy intimated by a subscriber for display on PLACEMENT ERPin any other media including the print media at no extra costs to the subscriber and Company shall not be held liable for usage/publicity of such information.
(h) Company offers no guarantee nor warranties that there would be a satisfactory response or any at all response once the job is put on display.
(i) Company shall in no way be held liable for any information received by the subscriber and it shall be the sole responsibility of the subscriber to check, authenticate and verify the information/response received at its own cost and expense.
(j) The subscriber/Recruiter shall be deemed to give an undertaking to Company that the jobs sought to be advertised are in existence, are genuine and that the subscriber / recruiter has the authority to advertise for such jobs.
(k) The subscriber/Recruiter must give an undertaking to Company that there will be no fee charged from any person who responds to jobs advertised on the PLACEMENT ERP site for processing of applications / responses from such person.
(l) The subscription/purchase is neither re-saleable nor transferable by the subscriber/customer to any other person, corporate body, firm or individual. Usage from third party premises/networks without prior written permission of COMPANY is not permitted.
(m) The subscriber shall be assigned password (s) by Company to enable the subscriber to post vacancies on the site in agreed upon section(s), but the sole responsibility of the safe custody of the password shall be that of the subscriber and 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. Company undertakes to take all reasonable precautions at its end to ensure that there is no leakage/misuse of the password granted to the subscriber.
(n) The User of these services does not claim any copyright or other Intellectual Property Right over the data uploaded by him/her on the website
4.5 Manual Resume Shortlisting
(a) Company offers manual resume shorting services on specific requirements/ positions.
(b) Company agrees to provide the service to the subscriber only for the duration and the number of vacancies contracted for, to the best of its ability and Company shall in no way be held liable for any information received by the subscriber and it shall be the soleresponsibility of the subscriber to check, authenticate and verify the information/response received at its own cost and expense.
(c ) Company will make best efforts to use the parameters provided by the subscriber to short list, but takes no responsibility for the accuracy of the short listing based on the parameters for selection as specified by the subscriber.
4.6 Display of Banners
(a) Company agrees to provide the service to its customers / subscribers only for the duration or the number of impressions contracted for, to the best of its ability.
(b) Company will display the banners on all the relevant/specified sections of the site on a rotation basis
(c ) Company reserves its right to reject any insertion or information/data provided by the subscriber without assigning any reason, but in such an eventuality, any amount so paid for, may be refunded to the subscriber on a pro-rata basis at the sole discretion of Company
(d) Company offers no guarantee nor warranties that there would be a satisfactory response or any response at all once the banners put on display.
(e ) Company shall in no way be held liable for any information received by the customer / subscriber and it shall be the sole responsibility of the subscriber to check, authenticate and verify the information/response received at its own cost and expense.
4.7Quick Hire (SMS Services)
(a) SMS packs once bought will have minimum validity for a period of 3 months but cannot be refunded or exchanged for any other PLACEMENT ERP products or services.
(b) SMS packs will not be clubbed with any other PLACEMENT ERP products or services.
(c ) SMS packs can only be used as long as recruiter has a live subscription. In case subscription has expired then recruiter will not be able to send SMS until it is renewed (even if the recruiter has balance smses).
(d) Recruiters can sms only those candidates on that search page that show up post conducting search.
(e ) A minimum of 1000 sms need to be purchased in one go and thereafter in multiples thereof.
(f) Recruiters at all times should try and ensure that smses are being sent to relevant candidates to get maximum response.
(g) Company reserves the right to scan all content being sent out on sms and block smses if necessary if content of the SMS is deemed as spam or any non-recruitment content whatsoever.
(h) Company reserves the right to regulate number of smses sent out to a particular profile on a particular day (this is to safeguard consumer interests in case consumer is getting spammed by some recruiter).
(i) While Company will try its utmost best to try and deliver all SMS sent out, it does not take any responsibility for smses not delivered (which may be on account of phones being out of order, operator network problems, sims not being used anymore etc.). It does take the responsibility of the smses leaving its vendor sms gateway.
(j) Company reserves the right to change, withdraw, terminate the scope and scale of service at any point of time, without any reason whatsoever.
(k) Smses will be sent keeping Telecom regulations in mind.
(l) The service is available across all operators in India only.
4.8 Applications to Job Seekers
(a) This interface shall be exclusively for the purposes of bona fide job applications; usage of the interface in any other fashion is strictly prohibited.
(b) Company neither guarantees nor offers any warranty about the credentials, bonafide status or otherwise of the prospective employer/organization which downloads the resume/ insertion or information/data and uses it to contact the user/ job seekers.
(c ) When you indicate your interest in a Job Listing on PLACEMENT ERP, you are sending your CV and application information including relevant documents to PLACEMENT ERP, and you are requesting and authorizing PLACEMENT ERP to make available such application information to the applicable Employer(s) for such Job Listing(s).
(d) In addition, by using PLACEMENT ERP, you agree that PLACEMENT ERP is not responsible for the content of the Employer's application form, messages, screener questions, testing assessments; required documents, or their format or method of delivery.
(e ) PLACEMENT ERP shall store and process your information regardless of whether a job vacancy has been filled. PLACEMENT ERP may use your application materials (including public CVs and responses to employer's questions) to determine whether you may be interested in a Job Listing, and PLACEMENT ERP may reach out to you about such Job Listing.
(f) Uploading of multiple resume by the same candidate using the same or different accounts shall entitle Company to remove the resume without notice to the subscriber.
(g) All changes / modifications made by the user to the data / information shall be effected and will come into operation only after 24-48 hours of such changes / modifications being made.
(h) While you reply on SMS, sent by recruiters, VAS rates as levied by their respective operator would be applicable. For further details please contact your respective mobile operator.
4.9Applicable to Recruiter’s
(a) You will comply with all applicable data protection laws in relation to the processing of personal data; and not process personal data in an unlawful manner and excessivewith regard to agreed purposes as defined in the privacy policy and this terms and conditions.
(b) You shall implement adequate technical and organizational controls to protect the shared personal data obtained from the Company against unauthorised or unlawful processing and against accidental loss, destruction, damage, alteration or disclosure. You agree to provide reasonable assistance as is necessary to facilitate the handling of any Data Security Breach (as relevant under privacy laws applicable) in an expeditious and compliant manner.
(c ) You agree that the responsibility for complying with a data subject /data principal request lies with the Party which holds/processes the Personal Data collected/shared.
(d) You warrant and represent that the institution shall not disclose or transfer Personal Data obtained from the Company to any sub-processors without ensuring that adequate and equivalent safeguards to the Personal Data.
(e ) You shall retain or process shared Personal Data for no longer than is necessary to carry out the agreed purposes.
(f) You shall act as an independent Data Controller in respect of shared personal data obtained from the PLACEMENT ERP once the data is collected by You and You shall be responsible for its secure use at all times.
4.1 Changes to Service features. Company continually changes and improves the Services. Company reserves its right to change the service features, look, feel, design, prominence, depiction, classification of the job posting section of PLACEMENT ERP at any time without assigning any reason and without giving any notice.
14.16 Governing Law and Jurisdiction.
This Agreement (Terms and Conditions), the Services and the relationship between Subscriber/User/Customer and the Company shall be governed in accordance with the Laws of India. The Honourable Court at Thane/Mumbai – Maharashtra only shall have the jurisdiction to entertain and try any claims, dispute and/ or difference arising out of or in connection with the terms of this Agreement.