Introduction
- www.staysigned.club, www.staysigned.com, www.staysigned.in (hereinafter referred to as “StaySigned”, “Website” or “Platform”, which terms include the website, sub-domains of the website, software, mobile application(s) or any other medium through which the Owner may provide its services) is owned and operated by Staysigned Private Limited (“the Owner”), a company incorporated under the provisions of the Companies Act, 2013 having its registered office at 310/03, 1st Cross Cambridge Layout, Ulsoor, Bangalore, Karnataka, India - 560008.
- StaySigned is an internet based platform aimed at making the recruitment process for business organizations more efficient, engaging and data-driven. The Platform is meant to assist human resources (HR) / recruitment teams of business organizations in avoiding redundancies and candidate dropouts during the recruitment process, and to enable them to engage with candidates prior to them joining the organization.
- The StaySigned platform also provides certain fulfilment services and engagement services to candidates on behalf of employers. The terms of use of the StaySigned platform for employers is available here
- For the purpose of these Terms of Use, wherever the context so requires, "you" or "user" shall mean any natural or legal person who has agreed to use the Platform to avail of the StaySigned services, whether registered or not, including Users whose accounts will expire and / or stand expired. The terms "we", "us", "our" shall mean the Platform and / or the Owner as the context may so require; “employer” shall mean any natural or legal person who has registered with the StaySigned platform as an employer including its employees, agents and representatives, and “candidate” shall mean any natural person who has been offered employment by any user or employer;
- This document is an electronic record under the provisions of the Information Technology Act, 2000 and relevant Rules framed there under (as applicable or amended from time to time). This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and User agreement for access or usages of the website.
- These Terms of Use, together with the Privacy Policy and any other terms specifically referred to in any of those documents, constitute a legally binding agreement (the "Agreement") between you and the Owner in relation to your use of the Platform.
- Acceptance of these terms is a prerequisite for usage of Services on the Platform. By virtue of using or registering on the Platform or Website, it is deemed that you accept all and any of the terms and conditions specified in this Agreement. The Agreement constitutes the entire agreement between you and the Owner and governs your use of the Platform's Services and the goods availed by You through the Platform, superseding any prior agreements between you and the Owner.
Scope of Service
- The Platform provides certain fulfilment and engagement services to candidates on behalf of employers and in collaboration with its business partners, such as redemption of gift vouchers, promotions, interview scheduling etc.
- In order to avail of these services, candidates must authenticate their identity via verified secure channel (email/mobile number) on the Platform by entering their name, email address, mobile phone number and PAN number.
- StaySigned merely acts as a facilitation service provider and data repository and does not authenticate or verify the terms of employment offered by an employer to a candidate. StaySigned is not privy to the terms of employment offered by employer(s) nor the actual execution of the final offer letter between the employer and candidate.
Identity Authentication
- Candidates need not register or create a separate profile with the Platform. However, candidates must authenticate their identity through accessing email delivered to the provided (by employer) email address in order to avail of the services provided through the Platform. Candidates must provide details regarding their name, contact number and e-mail address and must acknowledge and undertake to abide by these Terms of Use and acknowledge and agree to the Platform’s Privacy Policy.
- You agree and undertake that all information provided by you to the Platform true and accurate and will be kept up to date at all times. We will use the information provided to us to contact you and to provide you our services. In case of any subsequent change in any of the details provided to us at the time of registration, you are solely responsible to update such information or intimate the Platform of such change(s).
- You are not entitled to allow any other person to use the Platform on your behalf. You may not impersonate any other person or organization in any manner whether or not that other person is a user of the Platform. You are wholly responsible for your credentials and will be responsible for any misuse of the Platform of whatsoever nature caused from your account or using your identity, due to any negligent act on your part.
- We reserve the right to deny you our services or access to the Platform without prior notice in the following circumstances:
i. If, in our opinion, you have breached any of the terms of the Agreement.
ii. If, in our opinion, you are utilizing the Platform in an unlawful or unethical manner or in any manner commercially exploiting the services being provided to you or the aggregated information stored by the Platform.
iii. If we receive any complaints against you from employers or other users of the Platform regarding incorrect information furnished by you or your unlawful or unethical use of the Platform.
iv. If you attempt to hack, gain unauthorized access, manipulate, reverse engineer or in any way attempt to affect the integrity of the Platform
Use and Abuse of the Platform
- You acknowledge that you have been granted a limited license to access and make use of the Platform for non-commercial purposes. You may not use the information displayed on the Platform for any commercial purpose.
- You acknowledge that the information furnished by you to the Platform includes personal information and that certain personal information of yours has been provided to the Platform by an employer.
- You acknowledge that as part of the engagement services offered by the Platform, the Platform may reach out to you at the e-mail id or phone number provided by you and communicate with you or send you e-mails and text messages, including promotions, advertisements, offers, etc.
- You may not use the site to publish any offensive, inaccurate, misleading, defamatory, fraudulent, or illegal information or content.
- We reserve the right at our discretion to remove any content from the site and restrict your access to our services at any time for any reason.
- You are not entitled to use any data mining, robots, or similar data gathering and extraction tools to collect usernames, email addresses or any other data for the purposes of sending unsolicited email or for any other use. Entering false information or attempting to impersonate a User will also amount to abuse of the Platform and strict action will be taken by the Platform in the event of any fraudulent behaviour by or on behalf of any User or through any User’s account.
- In the event that you are found by us to have been sending unsolicited email to our Users or to candidates whose information you have collected through the Platform or in any way acting in a fraudulent manner, then we reserve the right to terminate without notice your use of the Platform without limiting any other rights and remedies we may have.
- By creating an account with us you confirm that:
i. all information and details provided by you to us are true, accurate and up to date.
ii. you have provided consent to us to store, process and use your personal information for such purposes as specified in our privacy policy.
iii. you only provide us with payment, credit or debit card details for an account which is yours and which you are authorised to use to make payments;
iv. you will not do anything which may disrupt, damage, or impair the Service (or any part thereof), or prevent other users from using any part of the Service;
v. you will not intercept or modify the communications between the Platform and our servers;
vi. you will not deliberately exploit any bugs you find in the Platform and will immediately notify us in the event that you detect any bug of whatsoever nature;
vii. you will not use the Platform for any illegal or unlawful purpose;
viii. you will not distribute viruses or any other technologies in the Platform that may harm us or the interests of any other users of the Services, or otherwise interfere with or disrupt our systems; and
ix. you will not provide or otherwise make available the Platform or website in whole or in part (including any object and source code), in any form to any person without prior written consent from us. - You will not host, display, upload, modify, publish, transmit, update or share any information which:
i. belongs to another person and to which you do not have any right;
ii. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
iii. harms minors in any way;
iv. violates any law for the time being in force;
v. impersonates another person
Advertising, Commercial Use and Communications
- Users of the Platform are not entitled to directly advertise to or solicit the custom of other Users without our express prior written consent.
- You are not entitled to resell or commercially exploit the Platform’s contents.
- You acknowledge that certain third party advertisements may be placed / made use of in the Platform. You acknowledge that such advertisements are placed by third parties and the Platform/ Owner is not directly responsible for such advertisements or for any links contained therein.
- You acknowledge that the Platform may include links to other web sites or material which are beyond its control. We are not responsible for content on any site outside the Platform.
- You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
- You must not establish a link from any website that is not owned by you.
- Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.
- This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not systematically extract and/or re-utilise parts of the contents of the Site without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this Site without our express written consent.
- By using the Platform, it is deemed that you have consented to receiving calls, auto-dialed and/or pre-recorded message calls, e-mails and/or text messages, from Us at any time with the use of the telephone number and e-mail address that has been provided by you for the use of this Website. The user agrees to receive promotional communication and newsletters from the Owner / Platform. You also provide consent to StaySigned making calls, sending out e-mails and/or text messages to You and to the e-mail ids and phone numbers provided by you.
- Your consent to receive communications from the Platform or Owner includes contacting you through information received through other parties. The use of this Website is also your consent to receive SMSes from Us at any time we deem fit. This consent to be contacted is for purposes that include and are not limited to clarification calls and marketing and promotional calls. The user can opt out from such communication and/or newsletters either by unsubscribing on the Website itself, or by contacting the customer services team and placing a request for unsubscribing by sending an email to support@staysinged.com.
Intellectual Property, including Copyright and Trademark
- The Owner expressly reserve all intellectual property rights in all text, programs, services, processes, technology, images, content and other materials which appear on the Platform. Access to or use of the Website does not confer and should not be considered as conferring upon anyone any license to the Owner’s or any third party’s intellectual property rights. All rights, including copyright, in and to the Website are owned by or licensed to the Platform. Any use of the Website or its contents, including copying or storing it or them in whole or part is prohibited without the express permission of the Owner.
- You may not modify, distribute or re-post anything on the Website for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks/service marks of the Owner, its affiliates, its partners or its suppliers/service providers. All other marks are the property of their respective owners. No trademark or service mark license is granted in connection with the materials contained on the Website. Access to or use of the Website does not authorize anyone to use any name, logo or mark in any manner. References on the Website to any names, marks, products or services of third parties or hypertext links to third party Websites or information are provided solely as a convenience to you and do not in any way constitute or imply the Platform’s endorsement, sponsorship or recommendation of the third party, the information, its services.
- The Platform is not responsible for the content of any third party Websites and does not make any representations regarding the content or accuracy of material on such Websites. If you decide to access a link of any third party Websites, you do so entirely at your own risk and expense.
Privacy Policy
You are requested to go through the Privacy Policy of the Platform and the Privacy Policy shall be binding on you and the Platform. In the event you don’t agree with the Privacy Policy, we request you not to use the Platform.
Disclaimer of Warranties
- Your use of this Platform is at your own risk. This Platform is provided by the Owner on an "as is" and "as available" basis. To the full extent permissible by applicable law, the Platform disclaims all warranties, express or implied, including, but not limited to, implied warranties of accuracy, precision and correctness of information collected or provided by the Platform.
- This Platform, makes no representations or warranties of any kind, express or implied, as to the operation of the Platform or the information, Content, materials, or products on the Platform, including that:
i. This Platform and its services will meet your requirements.
ii. This Platform will be uninterrupted, timely, and secure or error free.
iii. The quality of any products, services, information or other material purchased or obtained by you though this Platform will meet your expectations, be reliable or accurate, and
iv. Errors in the software will be corrected within reasonable time.
v. Your sole remedy for dissatisfaction with this Platform, site-related services and/or Content or information contained within the site is to stop using the site and/or its services.
vi. Any material downloaded or otherwise obtained through the use of this Platform is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the do.
Limitation Of Liability
- In no event shall the Platform or Owner be liable to any User on account of such User's use, misuse or reliance on the Platform for any damages whatsoever, including direct, special, punitive, indirect, consequential or incidental damages or damages for loss of profits, revenue, use, or data whether brought in warranty, contract, intellectual property infringement, tort (including negligence) or other theory, even if StaySigned is aware of or has been advised of the possibility of such damage, arising out of or connected with the use (or inability to use) or performance of the Platform, the materials or the internet generally, or the use (or inability to use), reliance upon or performance of any material contained in or accessed from any platforms. The Owner does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product or process disclosed on the platforms or other material accessible from the Platform.
- The User of the Platform assumes all responsibility and risk for the Use of this Platform and the internet generally. The foregoing limitations shall apply notwithstanding any failure of the essential purpose of any limited remedy and to the fullest extent permitted under applicable law. Some countries do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such countries liability is limited to the fullest extent permitted by law.
- The Platform cannot authenticate or verify any of the data collected from any device owned or used by any User or may not be able to authenticate and verify data received from its business Partners. The Platform shall bear no liability whatsoever for any misinformation or inaccurate information provided by any device owned or used by any User or by any business Partner of the Platform, whether or not such information is relied upon by the Platform and / or any User. The Platform shall not in any way be liable for any defect, flaw or deficiency in the device owned or used by any User or the data generated by such device or by any Partner of the Platform.
Indemnity
- You agree to indemnify, defend and hold the Owner / Platform harmless from all claims, damages and expenses (including attorney's fees) made by any third party arising out of content generated by you or data furnished by you, your use of this Platform, your connection to this Platform, your violation of this Agreement, our Terms of Use or our Privacy Policy.
- You hereby agree to indemnify, defend and hold harmless the Owner, its promoters, Directors, representatives, licensees, subsidiaries, successors, assigns and their respective office affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from:
i. Any violation by you of these Terms of Use.
ii. Any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of StaySigned;
iii. If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify the Owner and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys' fees.
iv. Notwithstanding anything contrary contained elsewhere under this Terms of Use and without prejudice to other legal remedies available, the Owner shall be entitled to claim appropriate sums towards damages and compensation from you and other responsible parties in case loss of business, loss of profit or loss of reputation due to any fraud or misrepresentation committed by an employer.
Miscellaneous
Third Party Services
- While using the Website / Platform, you may also be using the services of one or more third parties, such as wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, Conditions of Use, Service Terms and fees of these third parties.
- You shall be solely responsible for your mode of accessing the Platform and such access may involve third party fees including airtime charges or internet service provider(s)’ charges, etc., which shall be exclusively borne by you.
Change in terms of Use
- This Platform reserves the right to update, change, modify, add or remove the terms, conditions and notices of the Agreement without any prior notice to you. It is your responsibility to periodically review the most current version of the Agreement as your continued use of this Platform signifies your acceptance of any changed terms. As long as you comply with these Terms & conditions, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform.
Monitoring of Materials Transmitted By You
- Changes may be periodically incorporated into the Platform. The Platform may make improvements and/or changes in the products, services and/or programs described in the Platform without any prior notice. We are under no obligation to monitor the material hosted or published on or transmitted to the Platform. However, anyone using the Platform agrees that the Owner may monitor the Platform’s contents periodically to (1) comply with any necessary laws, regulations or other governmental requests; (2) to operate the Platforms properly or to protect itself and its users. The Owner reserves the right to modify, reject or eliminate any material residing on or transmitted to its Platform that it, in its sole discretion, believes is unacceptable or in violation of the law or these Terms and Conditions.
Deletions from Service
- The Platform may delete any materials or content at the request of the User who submitted such material or content or based on its operational requirements. The Platform reserves the right to delete (or to refuse to post to public forums) any material, information or content it deems detrimental to the system or is, or which may be, in the opinion of the Owner, defamatory, infringing or violative of any applicable law. Materials submitted to the Website for publication may be edited for length, clarity and/or consistency with the Platform’s editorial standards.
Notices
- All notices, demands and other communications from you to StaySigned must be in writing and will be deemed to have been given (a) if mailed by registered post (b) if delivered by courier, (c) if sent by facsimile transmission and such transmission is confirmed as received, or (d) if sent by electronic mail, and such message is confirmed as received, in each case to the address, fax number or e-mail address specified below:
StaySigned Private Limited
310/03, 1st Cross Cambridge Layout, Sai Baba Temple Rd,
Ulsoor, Bangalore, India - 560 008
support@staysigned.com - All notices sent to you by the Platform will be sent to the email address provided to us (as updated by you). By accepting these terms you give your consent to receive communications from us by email and you agree that all agreements, notices, disclosures and other communications that we provide to you by email satisfy any legal requirement that such communications be in writing.
Severability
- Should one or more provisions of these Terms of Use be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms of Use, which will remain in full force and effect.
False Information
- If at any point of time, the Platform finds that the information provided by you in your registration or web mail is false, the Owner and Platform reserve the right to terminate your account and remove all or any content previously posted by you. You hereby agree to: (a) provide true, accurate and complete information about yourself to the Platform; and (b) maintain and promptly update the details or information to keep it true, accurate, current and complete
Dispute Resolution
- If any dispute, controversy or claim arises out of, or in relation to, or in connection with this Agreement or its termination or validity, the parties shall attempt to mutually resolve the same through mediation.
- However, if the parties fail to resolve the above dispute within a period of 30 days, the same shall be referred to binding Arbitration under the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time.
- The arbitration shall be conducted by a sole arbitrator appointed by the Owner. The place of arbitration shall be Bangalore, India and the arbitral proceedings shall be conducted in English.
- The award of the arbitrator shall be final, conclusive and binding upon the parties.
- Candidates and users / employers acknowledge that StaySigned is merely a facilitation platform and data repository and not privy to the terms of employment between an employer and candidate. Any dispute between a candidate and employer is beyond the scope of this agreement and Staysigned shall not in any manner be deemed to be a party to or responsible for any such dispute of whatsoever nature.
Entire Agreement
- These Terms, along with our Privacy Policy, constitute the entire agreement between you and us with respect to the subject matter of these Terms and supersedes all prior written and all prior or contemporaneous oral communications regarding such subject matter. Accordingly, you should not rely on any representations or warranties that are not expressly set forth in these Terms.
If at any time you would like to contact us with your views about our terms of use, you can do so by emailing us at support@staysigned.com
