Terms and Conditions - Candidate Users
Version No.: 1.0
Last Updated: 25/02/2022
- These Terms and Conditions – Candidate Users (the “Terms”) are a record in terms of the Information Technology Act, 2000 (“Act”) and the Rules framed thereunder. These Terms apply to you (“You/Your/Candidate/User”) when You use the Services (as defined hereinafter) offered and operated by Paprika Maps Pvt. Ltd. (“Paprika Maps/We/Us/Our”) through Our website available at https://litwork.in (“Website”).
- Description of Services
- Paprika Maps provides early – stage job seekers such as Yourself the ability to (“Service/s”):
Create and regularly update a career profile/curriculum vitae based on your current experience and educational qualifications (Your “CV”);
Take part in quizzes, polls, games and other activities offered by Us to help identify key personality, experience and career traits. Paprika Maps utilises this information to identify Your potential career matches with potential recruiters (a “Recruiter”) through its proprietary algorithm/s and techniques;
Engage with Recruiters, including applying for any and all open positions that you may be eligible for; and
Provide regular feedback on career opportunities you have explored through Our Services.
- We reserve the right to change, alter, amend, improve and/or modify the Services and the Website at any time, including adding new features and functionalities, at our sole discretion and without requirement to provide a specific notice to You of any such change.
- You will be eligible to utilise the Services and the Website only if You are competent to contract in accordance with Section 11 of the Indian Contract Act, 1872.
- By visiting the Website and accepting these Terms, You represent and warrant that You are competent to contract under the Indian Contract Act, 1872. You also represent and warrant to Us that You will use the Website and the Services in a manner consistent with any and all applicable laws and regulations.
- Registration and Account Creation
- To be able to access and utilise Our Services, You are required to: register on the Website; provide any and all requisite information requested by Us; and create a password protected account (“Account”). Through your Account, You will be able to create a CV in accordance with our requirements.
- The information that You provide at the time of creating Your Account and while creating Your CV must be accurate, true, complete, and current at all times. Paprika Maps reserves the right to terminate Your Account without any liability or cost if it finds, at its sole and absolute discretion, that You have misrepresented any information and/or are in breach of any of these Terms.
- You are responsible for maintaining the confidentiality of Your password and security of Your Account. You are solely responsible and liable for any and all activities resulting from the use of, or conducted through, Your Account.
- To gain access to the Services, You may be required to undertake additional registration procedures specific to the desired Service, including without limitation, registration on the Service page and additional payment protocols. Access to and registration for the Services shall be subject to Your compliance with these Terms, as well as the terms and conditions specific to the particular Service, including but not limited to payment of any and all fees and/or dues in relation to the Your participation in the Service.
- You agree that We may, at Our sole discretion and at any time alter, change, suspend and/or cancel the Service(s) we may have previously offered and that We shall not be held liable for any damage caused as a result of such altering, changing, amending, suspension or cancellation of any Service(s).
- Creating a CV
- You will be required to create a CV through your Account. Your CV must contain information that is accurate, true, complete, and current at all times. Your CV must contain, at minimum, the following information:
Full name (as per Government ID);
Current work engagement and designation;
Current location and permanent address;
Specific skills; and
Education and certifications.
- You understand and agree that Your CV will be publicly available, accessible and searchable, including by Recruiters.
- You will be solely responsible for the accuracy of any and all information provided through Your Account and CV. You further understand and agree that any misrepresentation of information, fraud or deceit on Your Account and/or CV will be construed to be a material breach of these Terms and Paprika Maps reserves the right to take any and all action against You, including but not limited to deletion of Your Account and CV, blacklisting and blocking You from accessing and using the Website and Services, communicating with any and all Recruiters regarding Your actions, and filing of any and all civil and criminal actions against You as We may deem fit.
- Use of Services
- While using the Services, the Website and interacting with any Recruiters, You expressly agree to strictly adhere to the following:
You hereby expressly authorise any Recruiter to contact You using the information provided by You.
You will not post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
We may review, edit, reject, refuse to post, or delete any content that, in Our sole and absolute judgment, violates these Terms or which might be offensive, illegal, or that might violate the rights, harm or threaten the safety of another person.
Any information provided by You through Your Account or by way of Your CV shall not be misleading or false in any way.
You may not post or transmit any content or engage in interactions through the Website and/or Services that:
- is violative of applicable law or is patently offensive to the general community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person, or solicits, or stalks another member of a forum or any other user of the Services;
- promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
- infringes upon or violates any third party's rights (including, but not limited to, intellectual property rights, rights of privacy or publicity, such as unauthorized disclosure of a person's name, email address, physical address or phone number, or rights of publicity);
- promotes an illegal or unauthorized copy of another person's copyrighted work;
- provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
- provides instructional information about illegal activities such as making or buying illegal drugs, violating someone's privacy, or providing or creating computer viruses;
- contains video, photographs, or images of another person aged 18 or older without his or her express written consent and permission or those of any minor (regardless of whether you have obtained consent from the minor or his or her legal guardian);
- tries to gain unauthorised access or exceeds the scope of authorized access to the Website and/or Services as per your Account permissions, or to profiles, journals, forums, feeds, account information, bulletins or other areas of the Website and/or Services or solicits passwords or personal identification information for commercial or unlawful purposes from other users;
- constitutes engagement in commercial activities and sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes;
- contains viruses, time bombs, trojan horses, cancelbots, spiders, worms or other harmful or deleterious components or devices;
- interferes with another user's use and enjoyment of the Website and/or Services;
- refers to any website or URL that, in Our sole discretion, contains material that is inappropriate or violates the letter or spirit of these Terms; or
- contains content whose dissemination to the public is restricted by law or relevant professional guidelines.
We do not permit unauthorised commercial use or other use of the Website and the Services, and You agree not to:
- Post content that contains links to any website competitive to Our Website;
- Use Our database of users for any purpose other than the purposes for which the Services are sought;
- Post or submit through Your Account and/or CV any incomplete, false or inaccurate biographical and professional information;
- Delete or revise any material posted by any other person or entity;
- Take any action that imposes an unreasonable or disproportionately large load on the Website’s and/or Services’ infrastructure; or
- Notwithstanding anything to the contrary contained herein, use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website and Services other than Our search functionalities and any generally available third party web browsers.
You must use the Website and the Services in a manner consistent with any and all applicable laws and regulations. Illegal and/or unauthorised uses of the Website and/or Services, including without limitation, collecting usernames, contact details and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited emails and unauthorized framing of or linking to the Website, are not permitted. This includes the unauthorized interception of the data stream coming from or going into the Website, as well as attempting to gain unauthorized access to the Website and/or Services or exceeding the authorised permissions for Your Account. You agree to comply with the provisions of any and all such laws, regulations or rules that may be enacted from time to time in India or such other jurisdictions as We choose to operate in.
You shall not engage in any illegal conduct in respect of Your interaction with other users of the Website and/or Services, including any users, service providers and Recruiters you may come in contact with through the Website and/or Services and whether such interaction is online or offline.
Your interaction with other users of the Website and/or Services, including any Recruiters that you may come in contact with is at your sole and absolute risk and liability. Further, any offline interaction in response to any correspondence or dealings with other users or Recruiters is also at your own risk and liability. Paprika Maps shall in no manner be held liable or responsible for any liabilities, costs, damages, duties, responsibilities, fees, charges or consequences arising from, in relation to or caused by Your interactions. Paprika Maps is not responsible for the conduct, whether online or offline, of any user of the Website and/or Services, including without limitation any acts or omissions that are illegal and/or contrary to applicable laws and regulations.
You understand and agree that Paprika Maps retains the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website and using the Services) as necessary to satisfy any law, regulation or valid governmental, judicial or quasi-judicial request. In addition, Paprika Maps hereby reserves the right (and You hereby expressly authorize it to) disclose any information about You to relevant law enforcement agencies or other governmental, judicial and quasi-judicial authorities, as may be necessary or appropriate in connection with any investigation.
Paprika Maps reserves the right, but is not obliged, to monitor any content or materials posted, submitted or published by a user or Recruiter on the Website or through the Services. We will have the right to remove or edit any content that in Our sole discretion violates, or is alleged to violate, any applicable law or these Terms. You hereby acknowledge and agree that You will be solely responsible for any content or materials you post or publish through Your use of the Website and/or Services. Please be advised that any content not posted or published directly by Paprika Maps to the Website and/or Services do not necessarily reflect Our views or opinions. In no event shall We assume or have any responsibility or liability for any content posted or published or towards any claims, damages or losses resulting from such content or materials posted or published on or through the Website and/or Services. You hereby represent and warrant that you have all necessary rights in and to all content and information you provide and that such content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.
It is possible, that other users and unauthorised persons may post or transmit offensive or obscene materials on the Website and/or through the Services and that You may be involuntarily exposed to such materials and/or content. It also is possible for others to obtain Your personal information (whether publicly available on the Website through Your Account and/or CV) or otherwise, and that such information may be used against You or for unauthorised purposes. While We do not approve of such unauthorized uses, by using the Website and/or the Services, You acknowledge and agree that Paprika Maps is not responsible or liable for such uses of Your personal information.
In the event You are in breach or non-compliance with any of these Terms, Paprika Maps reserves the right to, at its sole discretion, take any and all action against You, including but not limited to deletion of Your Account and CV, blacklisting and blocking You from accessing and using the Website and Services, deleting any content You may have posted or published, communicating with any and all Recruiters regarding Your actions, and filing of any and all civil and criminal actions against You as We may deem fit.
- You may be charged a fee/cost/charge to access the Website and the Services (either on a one time, monthly, annual or other such basis) in accordance with Our standard pricing and payment policies (“Fees”).
- Unless stated otherwise on the Website, You will be required to pay any and all Fees in accordance with our pricing an payment policies (which may be updated from time to time).
- You agree to keep Your contact and billing information up to date.
- If You pay by credit or debit card:
You authorize us to charge Your credit card or bank account for any and all Fees payable by You.
In addition, You authorize us to use third party providers to process payments, and You provide Your consent to disclose Your payment information to any such third party as required.
You are solely responsible for any bank or card fees, charged by Your bank, including recurring payment fees associated with Your payments.
- Paprika Maps authorises you, subject to these Terms, to view, access and use the content available on or from the Website and/or Services (“Website Content”) that has been directly posted and/or published by Paprika Maps solely for your personal, non-commercial use. The contents of the Website and any portion thereof, including but not limited to designs, text, graphics, images, video, audio, information, logos, button icons, software, audio files, the Services and other Website Content belong solely to Paprika Maps at all times and are protected under applicable copyright, trademark and other laws. You further understand and agree that the accuracy of any Website Content has not been verified or confirmed by Paprika Maps and We provide no warranties with respect to such Website Content. Any reliance or usage of any representation of information contained in such Website Content is at your own risk and liability
- Unauthorised use of the Website Content is not permitted and is a material breach of these Terms. Such unauthorised use may also violate applicable laws. You are not permitted to sell or modify the Website Content or reproduce, display, publicly perform, distribute, or otherwise use the Website Content in any way for any public or commercial purpose, in connection with products or services that are not those offered by Paprika Maps, in any other manner that is likely to cause confusion among consumers or that otherwise infringes Paprika Maps’s rights, including any Intellectual Property Rights (as defined hereinafter).
- The Website and Services may contain content provided by third parties, including without limitation content provided by Our partners. You agree that Paprika Maps will not be liable or responsible for any and all liability, duties, costs, damages, fees, compensation or the like that arise out of, in connection with or are cause by such third - party content or any claims, actions or suits You may raise or file with respect to such third - party content. You further understand and agree that the accuracy of such third – party content has not been verified or confirmed by Paprika Maps and We provide no warranties with respect to such third – party content. Any reliance or usage of any representation of information contained in such third – party is at your own risk and liability.
- Paprika Maps is constantly endeavouring to improve the quality of Services provided to You. Due to this, the form and nature of Services provided may change from time to time without any prior notice to You. Paprika Maps reserves the right to introduce and initiate new features, functionalities, components to the Website and/or Services and/or change, alter, modify, suspend, discontinue or remove the existing ones without any prior notice to You. Paprika Maps is entitled to discontinue (either permanently or temporarily) one or more of the Services or terminate the Website and/or Services without any prior notice to You. Paprika Maps also reserves the right to prescribe certain limits on the use of the Website and/or Services at its sole discretion and without any prior notice to You. You agree that Paprika Maps and authorised third parties may place such advertising on the Services or the Website. You agree that Paprika Maps will not be liable for the form and content of any and all such advertisements.
- The Website, Services and any and all Website Content, included on or otherwise made available to You through the Website and the Services is provided by Paprika Maps on an “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the foregoing paragraph, Paprika Maps does not warrant that:
The Website will be constantly available, or available at all;
Any or all Services listed on the Website will be constantly available, or at all; or
The information on this Website is complete, true, accurate or not misleading.
- Paprika Maps, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose and non-infringement. Paprika Maps makes no warranties about the accuracy, reliability, completeness, or timeliness of the Website, Website Content, User Content, Services, software, text, graphics and links.
- Paprika Maps makes no express or implied representation or warranty about the merchantability, fitness for particular purpose, usefulness, non-infringement, completeness, accuracy, reliability, completeness of a Service or any materials or content included therein.
- You recognise and acknowledge that Paprika Maps is providing Services as an intermediary, and shall not be liable or responsible (directly or indirectly) for the acts or omissions of the users of its Services, including without limitation any other users, Recruiters or third parties.
- Paprika Maps does not warrant that this Website, the Services, information, Website Content, materials, or User Content included on or otherwise made available to You through this Website; Our servers; or electronic communication sent from by Paprika Maps are free of viruses or other harmful components. Nothing on this Website constitutes, or is meant to constitute, advice of any kind.
- You understand and agree that Paprika Maps is not making any commitment or assurances to You with respect to placements, procurement of employment with or retention by Recruiters or otherwise. Paprika Maps does not guarantee, assure or commit to You that by using our Website and/or Services, You will be employed or retained by a Recruiter at any time. Nothing can be construed as granting you any guarantees, commitments, assurances or rights in this regard. Paprika Maps further does not guarantee, commit or assurance You of a minimum employment or retention period, consideration or other benefit. Any and all such commitments, assurances or guarantees may be given and enforced against a Recruiter only.
- Any communication and provision or acceptance of any commitment, offer or agreement between You and a Recruiter is solely between You and such Recruiter, and Paprika Maps shall not be liable or responsible (directly or indirectly) for any loss, claim, cost, fees or damage arising out of any such communication or any breach or non-fulfilment of any commitment, offer or agreement between You and a Recruiter.
- Paprika Maps makes no warranties about the accuracy, reliability, completeness, or timeliness of the information accessible pursuant to Your Account and/or CV. You expressly agree that Paprika Maps will not be liable for any errors or omissions or for any loss or damages incurred as a result of the use of any information available through Your Account and/or CV.
- Paprika Maps shall not be liable for any loss or damage (whether direct, indirect, consequential, financial or otherwise) arising from the use of (or in connection with) Our Website and/or Services and You are advised to undertake your own due diligence before signing up for our Services and/or relying or acting upon the information available through the Website and/or Recruiters. Additionally Paprika Maps shall not be liable in any way for any loss or damage (whether direct, indirect, consequential, financial or otherwise) arising out of or in relation to any information posted and made available for public access through Your Account and/or CV.
- Intellectual Property Rights
- For the purposes of these Terms, “Intellectual Property Rights” shall mean and include, irrespective of whether registered or not (i) all copyrightable works, all copyrights including, moral rights, and all applications, registrations and renewals in connection therewith; (ii) all trademarks; (iii) all computer software (including data and related documentation) code, machine code, source code, related documentation, graphics, images, designs, logos, programs, layouts and specifications; (iv) all inventions (whether patentable or unpatentable and whether or not reduced to practice), all improvements thereto, and all patents, patent applications, and patent disclosures, together with all re-issuances, continuations, continuations-in-part, revisions, extensions and re-examinations thereof; (v) all other proprietary rights of whatsoever description whether or not protected and whether or not capable of protection; (vi) all designs, including features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article whether in two dimensional or three dimensional or in both forms, and all copies and tangible embodiments thereof regardless of form and medium; and (vii) all of the intellectual property rights with respect to Paprika Maps’s software, products, strategies, tools, processes, business and plans, but excluding any universally licensed and free of charge materials.
- You agree that any and all Intellectual Property Rights developed by Paprika Maps, whether prior to the date of you registering or otherwise, will be owned solely by Paprika Maps at all times. Nothing in this Agreement shall be construed as a grant of any Intellectual Property Rights by Paprika Maps of any kind and/or to any extent to You, whether by way of license or otherwise, unless expressly provided for by Paprika Maps. You will not make any claim against Paprika Maps’s Intellectual Property Rights at any time or perform any act or omission that violates or affects Paprika Maps’s rights in relation to such Intellectual Property Rights at any time.
- You further agree that any and all Intellectual Property Rights developed in pursuance, by way of, or through Your use of the Website and/or Services, including but not limited to any Website Content, User Content (not including personal information), and any artworks or designs comprising the same will be owned solely by Paprika Maps at all times. You agree to do any and all acts necessary to give effect to this, including but not limited to the preparation, finalisation and submission of any and all documents necessary.
- You will not be permitted to use the logos, trademarks, names or symbols belonging to Paprika Maps (collectively, the “Marks”) without the express written consent of Paprika Maps. You agree that You will not use the Marks in any manner that disparages the reputation of Paprika Maps or may be deemed illegal under any applicable laws.
- Paprika Maps reserves the right to deny access to the Website and/or the Services to anyone who it believes has violated or is reasonably likely to violate any of these Terms or the applicable laws, or who does not accept these Terms. In addition, Paprika Maps reserves the right to close Your Account and remove Your CV at any time and for any reason, including those specified in these Terms.
- Additionally, Paprika Maps reserves the right to terminate any and all Services and use of the Website at any time at its sole discretion.
- In the event that You choose to terminate and delete Your Account, or if Your account has been terminated for any other reason, such as a violation of these Terms, You acknowledge and understand that Paprika Maps reserves the right to, at its sole discretion, either continue to display, or delete, any User Content that You may have posted or uploaded to the Website, and Paprika Maps has no obligation to maintain, store, delete or transfer to You, any such User Content that You may have posted or uploaded to the Website.
- You will indemnify and hold harmless Paprika Maps, its officers, directors, employees, shareholders, customers, clients and agents from any and all claims, losses, liabilities, damages, expenses and costs (including attorneys’ fees and court costs) which result from a breach or alleged breach of these Terms.
- You will also indemnify and hold harmless Paprika Maps, its officers, directors, employees, shareholders, customers, clients and agents against any out-of-pocket expenses, damages, losses, cost, claim or action which arises from Your infringement (or alleged infringement) any third party’s patent, copyright, trademark or any other proprietary right.
- Limitation of Liability
- To the extent legally permitted under applicable law, in no event shall Paprika Maps, or its employees, affiliates, directors, officers, shareholders, or suppliers, be liable for any indirect loss, loss of profits, loss of business or of anticipated savings, or for any other indirect damage or loss, even if Paprika Maps has been advised of the possibility thereof and whether arising from negligence, breach of this Agreement, tort, contract or otherwise.
- To the fullest extent possible by law, Paprika Maps’s maximum liability arising out of or in connection with any use of Website and/or Services, regardless of the cause of action (whether in contract, tort, breach of warranty or otherwise), will not exceed the Fees actually paid by You in the 6 (six) months immediately preceding the date of such claim.
- Governing Law, Jurisdiction and Dispute Resolution
- These Terms shall be governed by and interpreted in all respects in accordance with the laws of the Republic of India. Subject to the provisions made in these Terms, You agree to submit to the exclusive jurisdiction of the courts of Bengaluru, India.
- All disputes arising out of or in relation to these Terms or Your use of the Website and/or Services shall be settled amicably. In the event no amicable settlement is arrived at within a period of 15 (fifteen) days from the date of first initiation of the dispute, You agree to submit the dispute to arbitration in accordance with the Arbitration and Conciliation Act, 1996, with. The arbitration will be conducted by 1 (one) arbitrator mutually appointed by Yourself and Paprika Maps. The venue of arbitration shall be in Bengaluru, India and the language of the arbitration shall be English. The award of the arbitral tribunal will be final and binding upon the Parties.
- Change to Terms
- We reserve the right to alter, change, amend, modify and/or remove these Terms at any time without Your consent. We may choose to notify You of significant changes to Our Terms at our discretion. Changes will take effect in accordance with Our policies and rules, or as communicated from time to time.
- Notices: Any notice or other communication required to be sent under these Terms shall be sent or delivered to the receiving party at the postal address or email addresses nominated.
- Grievance Officer: In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the 'Grievance Officer' for Paprika Maps are provided below:
Name: Shruthi M
E-mail Address: Shruthi@litwork.in
Postal Address: 7th Floor, Mahalakshmi Chambers, 29, MG Road Next to Trinity Metro Station, opp. Kotak Bank, Bengaluru,Karnataka 560001.
- Survival: In the event of termination or expiration of these Terms for any reason, any provisions of these Terms that by their nature should survive termination, will survive termination of these Terms, unless contrary to the pertinent provisions herein stated.
- Severability: If any provision of these Terms or any word, phrase, clause, sentence, or other portion thereof should be held to be unenforceable or invalid for any reason, then provided that the essential consideration for entering into these Terms on the part of any party is not unreasonably impaired, such provision or portion thereof shall be modified or deleted in such manner as to render these Terms as modified legal and enforceable to the maximum extent permitted under applicable laws.
- No Waiver: No delay or omission by either party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of these Terms shall impair any such right or power or be construed to be a waiver thereof. These Terms may be waived only in writing or mutual agreement of the Parties. A waiver by either of the Parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained (whether or not the provision is similar).
- Force Majeure: We shall not be liable for any failure to perform any obligations under these Terms, if the performance is prevented, hindered or delayed by a Force Majeure Event and in such case our obligations under this User Terms shall be suspended for so long as the Force Majeure Event continues. “Force Majeure Event” shall mean any cause affecting the performance by a party of its obligations arising from acts, events, omissions, happenings or non-happenings beyond its reasonable control, including acts of God, riots, war or armed conflict, embargo, pandemics, acts of terrorism, strikes, lock-outs, acts of government, local government or governmental authority, fire, flood, storm or earthquake, or disaster but excluding any industrial dispute relating to either party or either party’s personnel.
- Advertisement: Paprika Maps reserves the right to place advertisements and publicity materials of its choice including those of parties other than itself on the Website.
- Assignment: You may not assign, or sub license your duties, obligations and rights under these Terms to any other party with prior written consent of Paprika Maps. Notwithstanding the above, Paprika Maps will have the right to freely assign these Terms or any rights, duties and responsibilities thereunder to any third party without requiring Your consent.
- Entire Understanding: These Terms contain the entire understanding between the parties, superseding all prior communications, agreements, and understandings between the us with respect to the purpose of these Terms.