Understanding your rights and responsibilities as an Expertite user:
Welcome to Expertite, the online career and talent management service from Autumn Leaf Consulting Services Pvt. Ltd. Autumn Leaf Consulting Services Pvt. Ltd. is an Indian company and subject to Indian laws and jurisdiction.
Expertite ("Expertite," "we", "us" or "our") provides this website located at www.expertite.com ("Site") and all Site-related services ("services"), for use by individuals looking for employment, for managing their careers and for helping their connections find employment; for employers seeking and managing candidates for employment; and for educational institutions, seeking to reach-out to companies to enhance employability of their students.
Registered individuals using Expertite are "Members", unregistered individuals are "Visitors" and users of the recruitment management services, branding services or other services offered as on the date of this document or in the future, are "Organisations" which includes but is not limited to Companies or their Business Units or Groups and Educational Institutions. This Agreement applies to all three.
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 Expertite 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 Expertite Site, emails, mobile application/s and services. If You do not accept the Terms stated here, please do not use the Expertite Site, emails, mobile application/s and services.
By accessing and using Expertite, you agree to comply with these Terms. If you are using Expertite 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 Expertite 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'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 Expertite received your prepayment.
To access or use Expertite, 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 Expertite to lawfully provide the services to you (including the collection, storage and use of your information), then the Minimum Age is such older age.
- Restrictions and Obligations
Expertite authorizes You, subject to these Terms, to access and use the Expertite Site and the Expertite Content (as defined below) solely for your personal and/or internal business purposes.
For purposes of this Agreement: (1) the term "Content" means any work of authorship or information or a creative expression and includes, without limitation, video, audio, photographs, images, illustrations, animations, logos, tools, data, text, software, scripts, files, button icons, graphics, designs, themes, interactive features, salaries, company reviews, interview reviews, company photos, employer responses, job postings, employer profile information, institution reviews, institution photos, institution responses, advertisements, written posts, comments, replies, opinions, user approved profiles for disclosure, messages, e-mail, or other materials you find on Expertite, any of which may be generated, provided, or otherwise made accessible on or through the Site; (2) the term "Subscriber / Licensor Content" means Content that a Subscriber / Licensor submits, transfers, or otherwise provides to the Site. Content includes, without limitation, all Subscriber / Licensor Content.
Subscribers / Licensors retain ownership and/or other applicable rights in Subscriber / Licensor Content and Expertite retains ownership and/or other applicable rights in all Content other than Subscriber / Licensor Content.
Expertite Content is protected under copyright, trademark and other laws. The compilation (meaning the collection, arrangement and assembly) of all content on the Expertite Site is the exclusive property of Expertite and is protected by copyright, trademark, and other laws. Unauthorized use of the Expertite Content may violate these laws and/or applicable communications regulations and statutes, and is strictly prohibited. You must preserve all copyright, trademarks, service mark and other proprietary notices contained in the original Expertite Content on any authorized copy You make of the Expertite Content.
Any code that Expertite creates to generate or display any Expertite Content or the pages making up any Expertite Site is also protected by Expertite's copyright and You may not copy or adapt such code.
You agree not to sell or modify the Expertite Content or reproduce, display, publicly perform, distribute, or otherwise use the Expertite Content in any way for any public or commercial purpose, in connection with products or services that are not those of the Expertite Site, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Expertite or its subscribers / licensors, that dilutes the strength of Expertite's or its / subscribers / licensor's property, or that otherwise infringes Expertite's or its subscribers / licensor's intellectual property rights. You further agree to in no other way misuse Expertite Content. The use of the Expertite Content on any other application, website or in a networked computer environment for any purpose is prohibited.
Information regarding Organisations made available to you through Expertite may be sourced from public sources including if available from their respective websites. While reasonable efforts will be made to verify the accuracy of such information, because we do not control such public sources, because such public information is subject to change without notice to Expertite and also because such public information may be conflicting across different public sources, you understand and agree that: (1) we are not responsible for, and do not endorse, any such information about Organisations and their management, personnel, products and services, brands and brand names, short names, status and type, processes, financials, reputation and market standing, offices and addresses whether operating or otherwise, websites and portals, industries, industry groups, sub industries, industry sectors, subsidiaries and sister or parent organisations, joint ventures, mergers and acquisitions, change of names, logos, affiliations, specialisations, arrangements of any nature with other parties and any or all other details associated with an Organisation; (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. It is Your responsibility to further research the information on the Site. If You notice any error or omission and report the same to Expertite, our in - house panel will review the same and make corrections if and as required.
- Rules of Conduct
You will use Expertite 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 Expertite in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any visitor without their prior explicit consent;
- Introduce software or automated agents to Expertite, or access the service so as to produce multiple accounts, generate automated messages, or to strip or mine data from Expertite;
- Interfere with, disrupt, or create an undue burden on Expertite or the networks or services connected to Expertite;
- Interfere with, disrupt, modify, reverse engineer, or decompile any data or functionality of Expertite.
- Links to Third-Party Websites
Expertite 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 Expertite, our terms and policies no longer govern.
- Third-Party Content on Expertite
Content from other Members, Visitors, Organisations, advertisers, and other third parties is made available to you through Expertite. 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.
- Expertite Account for Members
In order to become a member of Expertite (a "Member"), we require you to register an account by setting up a name and password. Other registration requirements (such as the requirement for individuals to contribute one company review of a current or former job, interview review or institution review) may also apply. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account or password of another Member at any time. 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 Expertite at any time.
If you access Expertite through a social networking site, such as Facebook, Twitter, Google+ or other as provided ("Social Networking Site"), you agree that we may access, make available, and store (if applicable) any information, data, text, messages, tags, and/or other materials accessible through Expertite that you have provided to and stored in your Social Networking Site account so that it is available on and through Expertite via your account and your profile page. Subject to the privacy settings that you have set with the Social Networking Site account you use to access Expertite, personally identifiable information that you post to that Social Networking Site may be displayed on Expertite. Your relationship with your Social Networking Sites is governed solely by your agreement with those Social Networking Sites and we disclaim any liability for personally identifiable information that may be provided to us by a Social Networking Site in violation of the privacy settings that you have set with that Social Networking Site account.
Expertite offers neither guarantee nor warranties that there would be a satisfactory response or any response at all once the profile information is fed by the Member.
- Expertite Account for Organisations
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, Expertite will provide Organisations with recruitment management service, 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 ("Organisation Personnel") only in compliance with all applicable laws and regulations, any privacy, information security and protection, and acceptable use policies that Expertite or its service providers establish. Organisations shall be liable to Expertite for any claims, fines or damages arising from its (and the Organisation Personnel's) failure to comply with the foregoing.
- Job Postings:
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 Expertite's reasonable discretion.
- Ratings & Reviews:
You may not offer incentives in exchange for company reviews, interview reviews or institution reviews. We will remove reviews where we have evidence that current or past employees and current, past or potential students were compensated to submit favourable reviews.
- Security Measures:
Expertite will maintain industry standard security measures for the protection of Organisations' account against accidental or unauthorized access or use. Organisation is responsible for notifying Expertite of any such unauthorized access to its account. Expertite shall take all reasonable steps to prevent or correct any unauthorized access or intrusion into Organisations' account. Expertite'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 Organisations' 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. Expertite shall not be liable for any losses arising from unauthorized access to the Site and its services and Organisations' account due to Organisations' failure to protect its account through proper maintenance of its login and passwords.
- Information Privacy:
Expertite shall use any information that Organisations or Organisations' Personnel supply through the Site or store in Organisations' 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 Expertite offers. Expertite 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, Expertite shall comply in full with such laws and regulations. The foregoing applies only to the operation of the Expertite 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.
Expertite'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 Organisation.
- Warranties & Disclaimers:
Expertite provides the Site and its services "as is," and without any warranty of any kind, express or implied. Expertite 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, Expertite's liability arising out of or in connection with this agreement shall not exceed the amounts paid or payable to Expertite by Organization hereunder in the subscription period immediately prior to the event giving rise to such liability.
- Job Postings:
- Sharing Your Content on Expertite
- Your Responsibility for Your Content: You are solely responsible for any and all Content that is posted through your account on Expertite ("Your Content"), as well as the representations you make to us about Your Content. You agree that by submitting Your Content to Expertite, You have reviewed and agree to abide by our Community Guidelines.
- Representations Regarding Your Content: You represent and
- 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, including your current or former employer or any potential employer or your current or former institution or any potential institution;
- Any information you provide in a company review, interview review, company photo, employer response, job posting, employer profile, institution review, institution photo, institution response, institution advertisement, institution profile is correct;
- Any information you provide about your current, past or potential status as an employee of a certain employer is correct and complete.
- Any information you provide about your current, past or potential status as a student of a certain institution is correct and complete.
- Any profile you upload is accurate and submitted on your own behalf.
Please do not provide any information that you are not allowed to share with others, including by binding contractual obligation or by law, because any information you provide either in Buzz, Company reviews, Interview reviews and Institution reviews will be accessible by every visitor of Expertite.
- Prohibited Content: You agree that you will not post any
- 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 Expertite endorsement or partnership of any kind; or
- Removal of Content: While Expertite has no obligation to do so, Expertite 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 Expertite (including our Community Guidelines), or that we deem, in our sole discretion, inappropriate. If you see any Content on Expertite 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 Expertite'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 Expertite.
- 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 Expertite 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. Expertite 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 Expertite 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, Expertite 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.
- Deleting Your Account
If you'd like to delete your Member account, simply follow the process for deleting account in your account settings.
If you'd like to delete your Organisation account, simply contact email@example.com 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 other Members, Visitors, other Organisations or other parties 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.
Expertite 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, Expertite's systems or breach this Agreement.
- Enforcement by Expertite
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 Expertite (or modifying it); suspending your rights to use Expertite; 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.
Expertite may use Organisations' name and logo to identify an Organisation as a customer of Expertite on Expertite's website and as a part of a list of Expertite 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) Expertite 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 Expertite, 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.
- Force Majeure
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.
- Service Availability
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 !