TERMS AND CONDITIONS

 

 

RECRUVIA

TERMS AND CONDITIONS

 

Welcome to RecruVia!

RecruVia is a closed door online legal recruitment marketplace that aims to remove the intermediary and bring the job seeker and the potential employer into direct contact on a platform where they can market themselves in their own words and to each other.

1. Introduction

This page contains the terms and conditions (“Terms”) governing the RecruVia platform and any other of our Services (described below) offered by us. These Terms, along with our Privacy Policy and any additional guidelines that we may introduce from time to time, together constitute the agreement (“Agreement”) under which you (“You”) may use the RecruVia platform or any other of our Services.

PLEASE READ THE AGREEMENT CAREFULLY.

You agree that by clicking “Join RecruVia”, “Sign Up” or similar, registering, accessing or using our services, you are agreeing to enter into the Agreement. If you do not agree to the Agreement, do not click “Join RecruVia” (or similar) and do not access or otherwise use the RecruVia platform or any of our Services.

2. RecruVia

You are entering into the Agreement with Lawgin Legal Solutions Pvt. Ltd. (also referred to as “RecruVia” or “us” or “we” or “our”), the owner and operator of the RecruVia platform.

3. Services

The Agreement applies to your use of the RecruVia platform, the website – https://www.recruvia.com - and related apps, application programming interfaces, websites, plugins communications, software, online services, as well as any other current or future RecruVia service or business (together, “our Services”).

Registered users of our Services are “Candidates” and unregistered users are “visitors”). This Agreement applies to both.

However, if you are an Employer, or a representative user of an Employer, please refer to the terms of business/service sent by us to your organisation (“Employer Terms”) that shall apply in addition to the Agreement, and where there is a conflict with the Agreement, in supersession to the Agreement. 

4. Definitions

The following additional definitions are used throughout the Agreement:

a. “CV refers to the profile and/or resume and/or introduction and/or curriculum vitae of a Candidate;

 

b. “Employer will refer to an organization (including an incorporated Indian or foreign company, a registered Indian or foreign limited liability partnership, a registered or unregistered Indian or foreign general partnership, a sole proprietorship, an Indian or foreign not-for-profit organization, an Indian or foreign governmental or international organization or the like) that is interested in searching, recruiting, hiring, communicating or otherwise interacting with Candidates and visitors through the use of our website;

 

c.“Use of our Services”/“Use our Services”/“Using our Services means any access or use of our website and includes accessing, browsing, registering to utilise our platform, logging into our website, using our website to create your profile and/or edit your profile and/or search/browse for jobs and/or apply for jobs and/or track applications and the like.

 

5. Interpretation of Agreement

In the Agreement, the following shall apply:

a. The singular includes the plural and vice versa;

 

b. Any phrase introduced by the words "including", or similar, shall be construed as illustrative and without limitation to the generality of the related general words;

 

c. References to any statute, enactment, order, regulation, instrument, code, standard or other similar instrument shall be construed as a reference to the statute, enactment, order, regulation, instrument, code, standard, or other similar instrument as amended, replaced, consolidated or re-enacted from time to time and shall include all subordinate legislation;

 

d. Headings are included in this Agreement for ease of reference only and shall not affect the interpretation or construction of this Agreement;

 

e. A reference to 'writing' or 'written' includes email;

 

f. Any obligation on a party not to do something includes an obligation not to allow that thing to be done;

 

g. Reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established;

 

h. This Agreement shall be binding on, and endure to the benefit of, the parties to this Agreement and their respective personal representatives, successors and permitted assigns, and references to any party shall include that party's personal representatives, successors and permitted assigns.

 

i. This Agreement constitutes an electronic record within the meaning of the applicable law. It is generated by a computer system and does not require any physical or digital signatures.

 

6. Modification of Agreement

We reserve the right, at our discretion, to change, modify, add or remove portions of this Agreement at any time. You are responsible for checking the Terms and Privacy Policy periodically for any changes, as they are binding on you.

Any changes to the Agreement are effective immediately. Your continued usage of our website after any modification of these Terms constitutes your binding acceptance of such modification.

For any material changes to the Terms, we shall make a reasonable effort to provide notice to you of such amended Terms by posting a notice on our website (should you be a visitor), and/or sending you an e-mail at the last email address provided to us by you pursuant to this Agreement(should you be a Candidate). Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose.

7. Your Obligations

 

7.1 Your Eligibility:

 

To use our Services, you agree and represent that:

 

a. you are competent to contract and are at least the age of 18 or older;

 

b. you will have only one RecruVia account, which must be in your real name;

 

c. you are not already restricted by us from using the Services, or have not be previously suspended or removed from the website by us; and

 

d. your registration and use of our Services is in compliance with any and all applicable laws and regulations.

 

7.2 Your Account:

 

In order to become a Candidate with us and access our Services, you must register for an account with us. You are responsible for anything that happens through your account unless you close it or report misuse. Do not transfer any part of your account (e.g., matches with Employers).

 

You may be asked to provide a password in connection with your account. You agree to accept responsibility for all activities that occur under your account, and you are solely responsible for maintaining the confidentiality of your account and password. Please keep your password a secret.

 

If you have reason to believe that your account is no longer secure, then you agree to immediately notify us at You may be liable for losses incurred by us or others due to any unauthorized use of your account.

 

7.3 Information Shared by You:

 

You agree that the information you provide to us, whether at the registration or at any other time, will be true, accurate, current and complete, and shall ensure that this information is kept accurate and updated at all times.

 

When you, as a Candidate, apply for a job through our Services, potential Employers may receive a copy of your CV. If your CV is provided through our Services, you cannot go through another third party, recruitment company or agent to provide your CV to potential Employers listed on the Recruvia platform, unless they received a copy of that applicants CV in good faith through that third party, recruitment company or agent prior to receiving it through our site.

 

You acknowledge and accept that we do not verify any information or CVs provided by users. Employers are responsible for conducting any background checks, reference checks, or other due diligence that may be required before making an offer of employment to an applicant. However, we reserve the right to conduct any background check or other checks at any time.

 

7.4 Your Usage of our Services:

 

You agree that no Employer is obliged to offer a job to you. In addition, where an offer of employment is made and accepted, we will not be a party to, or have any obligation or liability in relation to, that contract of employment and/or job.

 

You agree to abide by all procedures and requirements of RecruVia, including but not limited to the following usages of our Services, which are deemed as unauthorised by us:

 

a. No Commercial Usage: Your use of our Services is limited to your personal usage as a potential job seeker. You agree not to utilise our Services for any other commercial use or purpose, commercial advantage, or private monetary compensation unless expressly permitted in writing by us. This would include, but is not limited to, providing any services that use or reference the Website or our Services or any information or content contained therein in exchange for a fee.

 

b. No unauthorized promotional material: You agree not to create or sell advertisements, sponsorships, or promotions based upon our Services or any part thereof, or the sale of advertisements, sponsorships, and/or promotions on any website or blog containing any part of the information, material, videos or Services provided on our website, including without limitation any “pop-up advertisements”.

 

c. No unauthorized access of other Candidates’ accounts: You agree not to utilise the accounts of other Candidates without their permission.

 

d. No illegal or unauthorized usage: You agree not to utilise our Services for any unlawful purpose, or in violation of local, state, national or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy. This includes, but is not limited to, attempts to remove, circumvent, disable, damage or otherwise interfere with our Services, copyright or other proprietary notices on our Platform or security-related features of our Services, features that prevent or restrict use or copying of any content and/or our Services accessible through our platform, or features that enforce limitations on the access and/or use of the RecruVia platform or our Services. In addition, you also agree to not assert or authorize or assist or encourage any third party to commit any unauthorized acts as contained in these Terms herein. Any unauthorised use of our Services by you may give rise to a claim for damages and/or be a criminal offence. We bear no responsibility for such claims or offences being sought or enforced by third parties upon you, should they arise by such unauthorized usage of our Services by you. 

 

7.5 Your Conduct:

 

By posting information, participating in, listening to or otherwise using any communications or interactive service, including message boards, chat rooms, comment sections, etc. made available to you on or through our Services, you agree that you will not upload, post or otherwise distribute or facilitate distribution of any content, including text, communications, software, images, sounds, data or other information that:

 

a. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other property right of any party; constitutes unauthorized or unsolicited offers, proposals or advertising, promotional materials, junk or bulk e-mail ("spamming"), chain letters, charity requests, petitions for signatures or any other form of unauthorized solicitation, or any form of lottery or gambling;

 

b. contains software viruses, adware, spyware, worms, malicious code or any other computer code, files or programs that are designed or intended to disrupt, damage or limit the functioning of other Candidates’ accounts, our Services or any related  data, software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;

 

c. is unlawful, threatening, abusive, harassing, vulgar, defamatory, libellous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or pornographic descriptions or accounts of sexual acts or otherwise violates our Terms or Privacy Policy, or any laws in India as applicable.

 

d. victimizes, harasses, degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability; or impersonates or falsely claims an affiliation with any person or entity.

 

e. defames, harass, abuse, threaten or defraud other Candidates or visitors of our Services, or collect, or attempt to collect, personal information about Users or third parties without their consent;

 

We do not routinely pre-screen, monitor or edit the content posted by users of chat rooms, message boards, newsgroups, webcasts or other interactive services that may be available on or through  our Services

 

However, we may, in our sole discretion, perform such screening, editing or monitoring and to remove any content that, in our judgment, does not comply with the terms of use or is otherwise harmful, objectionable or inaccurate. We are not responsible for any failure or delay in removing such content.

 

Furthermore, we may also receive abuse complaints from other Candidates or visitors regarding the usage of your account or of our Services. We reserve the right to suspend or terminate access to our Services on the receipt of such abuse complaints.

 

We are not responsible for any claim for damages and/or any criminal offence arising out of your conduct or usage of our Services, and the responsibility for such events is to be borne solely by you.

 

 

7.6 Communications from Us to You:

 

You agree to maintain and promptly update your contact information, and any other information you provide to us, to keep it accurate, current and complete. You are responsible for providing us with your most current contact information.

 

Any communications or notices delivered to you using the latest contact information provided by you shall be deemed effective notice under this Agreement whether such communications or notices are received by you or not.

 

8. Intellectual Property Rights

 

The RecruVia platform, as well as the website - https://www.recruvia.com -  is owned and operated by us. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), software, ,materials including content, videos, audio and all other elements of the Website  are protected by Indian and international copyright and trademark laws, international conventions and other applicable laws governing intellectual property and proprietary rights.

 

Any materials provided on our Platform by third parties, all materials, and other website contents are owned by or licensed to us. Whether the whole or the part of the material is concerned, we reserve all rights therein and thereto not expressly granted by these Terms. Unless expressly indicated by us otherwise in writing, you shall not download, distribute, sell, lease, modify or otherwise provide access to such content to any third party.

 

All trademarks reproduced in this website, which are not the property of, or licensed to us, are acknowledged on the Website.

 

9. Disclaimer of Warranties

 

9.1 Platform for recruitment information and facilitation only:

 

 

YOUR USE OF ANY INFORMATION OR MATERIAL ON THE PLATFORM IS ENTIRELY AT YOUR OWN RISK, FOR WHICH WE AND OUR AFFILIATED THIRD PARTIES SHALL NOT BE LIABLE. IT SHALL BE SOLELY YOUR OWN RESPONSIBILITY TO ENSURE THAT ANY OF OUR SERVICES PROVIDED TO YOU MEET YOUR REQUIREMENTS.

 

TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY LOSS OR DAMAGE WHATSOEVER ARISING FROM LOSS OF DATA OR PROFITS ARISING OUT OF, OR IN CONNECTION WITH, THE USE OR INABILITY TO USE OR OTHERWISE RELATED TO OUR SERVICES. 

 

9.2 Content Provided by Us:

 

References in our Services to any specific commercial products, processes, or services, or the use of any Employer details, or other trade, firm or corporation name is for the information and convenience of the public, and does not constitute endorsement, recommendation, or favouring by us.

 

While we endeavour to keep all information, content and materials constituting our Services up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose.

 

9.3 No Warranties:

 

TO THE EXTENT ALLOWED UNDER LAW, (AND UNLESS RECRUVIA HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT OVERRIDING THE AGREEMENT) ALL MATERIALS, INFORMATION, SOFTWARE, WEBSITES AND ANY OTHER SERVICES INCLUDED IN OR MADE AVAILABLE THROUGH OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES AND REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN ADDITION, WE DO NOT GUARANTEE THAT OUR SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS.

 

9.4 Use of Website outside India:

 

We make no representation that our Services on this website are appropriate or available for use in locations outside India, and accessing them from nations or territories where their contents are illegal is prohibited. Persons who access this Website from outside India are solely responsible for compliance with all applicable laws.

 

9.5 Transmission of Information:

 

There is no guarantee that any transmission of data over the Internet is completely secure, and we cannot ensure or warrant the security of any information you transmit to us. Any such transmission is done at your own risk.

 

9.6 Harm to Your Computer:

 

You understand and agree that your use, access, download or otherwise obtaining of content, services, software or data through our Services is at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system) or loss of data that results therefrom.

 

9.7 Technical Issues:

 

Though every effort is made to keep the platform up and running smoothly, we take no responsibility for, and will not be liable for the platform being temporarily unavailable due to technical issues.

 

9.8 Links to external websites:

 

From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s).We have no responsibility for the content of the linked website(s). We have no control over the nature, content and availability of such external websites.

 

10. Termination Policy

We reserve the right to, on our sole discretion and for any or no reason without penalty, suspend or terminate your account, usage and access to our Services. This includes in cases involving receipt of an abuse complaint from other Users or third parties, or in cases where we feel, in our judgement, you have violated the Agreement or have engaged in conduct which is otherwise harmful, illegal, objectionable or inaccurate.

You agree that such termination and discontinuance of access to our Services or any part thereof, may be performed by us with or without prior notice, and that we shall not be liable to you or other third parties for any such termination.

Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies we may have at law or in equity.

We do not permit copyright, trademarks, or other intellectual property infringing activities on the RecruVia platform, and will terminate access to our Services, and remove all content submitted, by any Candidates or visitors who are found to be repeat infringers.

Your only remedy with respect to any dissatisfaction with (i) the platform or Services, (ii) any term of the Terms, (iii) Privacy Policy and/or any other Guidelines, (iv) any policy or practice of our in operating the platform or our Services, or (v) any information or material transmitted through our platform, is to terminate the Agreement and your account. You may terminate the Agreement at any time by deleting your account with the Website and discontinuing use of any and all parts of the Website.

11. Indemnification

You agree to defend, indemnify and hold harmless RecruVia and its affiliated third parties, employees, officers, members, agents and contributing professionals from all liabilities, claims, losses, damages and expenses including legal fees and expenses that arise from your use or misuse of your account, our platform or Services, or from any violation of the Agreement or breach of the representations, warranties and convents made herein by you.

We reserve the right, at our expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defences. We will utilize reasonable efforts to notify you of any such matters.

12. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of India. You agree that any action at law or in equity arising out of or relating to the Agreement or RecruVia will be subject to the exclusive jurisdiction of the Courts in New Delhi only and subject to the laws of India.

Each of you and RecruVia hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action. Notwithstanding this, RecruVia shall still be allowed to apply for injunctive or other equitable relief to protect or enforce its intellectual property rights in any court of competent jurisdiction.

 

YOU AND RECRUVIA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

 

13. Miscellaneous:

 

13.1 Privacy Notice: Your privacy is important to us. Please read our Privacy Policy carefully for information relating to our collection, use and disclosure of your personal information collected through your usage of our website.

 

13.2 Severability and Integration: If any provision of the Terms or Privacy Policy is held to be unlawful, void or for any reason unenforceable, then that provision will be limited or eliminated from the Terms or Privacy Policy to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions. If two or more provisions of this Agreement are deemed to conflict with each other’s operation, we shall have the sole right to elect which provision remains in force.

 

13.3 Waiver: The failure of either party to exercise or enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of the Agreement will be effective only if in writing and signed by the parties, and shall apply only in relation to the matter in respect of which it was specifically given.  No waiver of any breach of the Agreement is a waiver of any subsequent or other breach.

 

13.4 Assignment: The Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent. Any assignment attempted to be made in violation of the Agreement shall be null and void. We may assign our rights and/or obligations under this Agreement to any other party at our sole discretion. Nothing in this Agreement is intended to, or shall be deemed to, establish any partnership or joint venture between us, appoint either party as the agent of the other, nor authorise either party to make or enter into any commitments for or on behalf of the other party.

 

13.5 Entire Agreement: Unless otherwise specified herein, these Terms and our Privacy Policy together constitute the entire Agreement between you and us with respect to our Services and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to our Services. This will not be modified except in writing, signed by both parties, or by a change to our Agreement made by us in accordance with these Terms.

 

13.6 Grievances: Any grievances request relating to our Services can be raised by you through email to us at the above specified contact address, or through the “contact us” link on our Website. All requests for grievances will be reviewed by us individually.