1. Definition & Interpretation

1.1 Definition

• 1.1.1 Applicable Laws - shall mean and refer to all the laws, rules, ordinances, by-laws, etc., and amendments thereafter, applicable within the territory of India.
• 1.1.2 Content – shall mean and refer to all the text, advertisement, graphics, User interfaces, visual interfaces, photographs, trademarks, logos, brand names, descriptions, sounds, music, and artwork.
• 1.1.3 Third Parties – shall mean and refer to all the legal entities, either individuals or entities, linked on the Platform apart from the Recruiters and the creator of this Platform.
• 1.1.4 Service – shall mean and refer to all the intermediary services provided by the Platform to the Recruiter.

1.2 Interpretation

• 1.2.1 Company – For the purposes of this Terms of Use, wherever the context so requires, “We”, “Our”, and “Us” shall mean and refer to the Company and its Platform.
• 1.2.2 Platform – For the purposes of this Terms of Use, ZEPCRUIT shall be referred to as the Platform, unless specified otherwise in this Terms of Use.
• 1.2.3 Recruiter - For the purposes of this Terms of Use, wherever the context so requires, “You,” “Your,” “Yourself,” and “Recruiter” shall mean and refer to the natural and legal individuals or entities who are using the Platform for recruitment purposes and are competent to enter into binding contracts, as per law.
• 1.2.4 The headings of each section in these Terms of Use are only for the purpose of organizing the various provisions under these Terms of Use in an orderly manner and shall not be used by you to interpret the provisions contained herein in a manner as may apply to you. Further, it is specifically agreed by you that the headings shall not have legal or contractual value on your usage of the Platform.
• 1.2.5 The Parties shall refer and mean the company and Recruiter together, for the purpose of interpretation of terms of this Terms of Use.
• 1.2.6 The use of this Platform is solely governed by these Terms of Use, Privacy Policy, and any other relevant policies as updated on the Platform and any modifications or amendments made thereto by us from time to time, at our sole discretion. If you, as a Recruiter, continue to access and use this Platform, you are agreeing to comply with and be bound by the following Terms of Use, Privacy Policy, and any other applicable policies, thereof.
• 1.2.7 You expressly agree and acknowledge that these Terms of Use and Privacy Policy, and any other applicable policies, are co-terminus in nature and that expiry/termination of either one will lead to the termination of the other.
• 1.2.8 We reserve the sole and exclusive right to amend or modify these Terms of Use without any prior permission or intimation to you, and you expressly agree that any such amendments or modifications shall come into effect immediately. If you do not adhere to the changes, you must stop using the Platform at once. Your continued use of the Platform will signify your acceptance of the changed Terms of Us.

2. Services on the Platform

2.1 As a Recruiter, you are authorized to upload resumes on the Platform. Upon submission, the Platform will automatically analyze and rank the resumes based on the relevant keywords and criteria provided by you during the job description process. The ranking will assist in identifying the most suitable candidates based on the provided job specifications

2.2 Once the resumes are ranked, the Platform will facilitate the scheduling and conducting of video interviews for the shortlisted candidates. The interview will be conducted directly on the Platform, and the system will provide a detailed summary of the candidate's responses and performance based on pre-set criteria.

2.3 After receiving the interview summary and ranking, you, as the Recruiter, will be responsible for shortlisting candidates and proceeding with the hiring process. The Platform does not take responsibility for the final hiring decision, nor does it guarantee the successful placement of any candidate. The hiring process, including offering employment and finalizing terms, remains entirely under your discretion and responsibility

2.4 The Platform acts solely as an intermediary, providing tools for resume management, interview scheduling, ranking, and summary generation. Any final actions, decisions, or engagements with candidates are entirely your responsibility. The Platform does not guarantee the quality, suitability, or final employment outcome for any candidate.

3. Compliance

4. Registration and Operations

4.1 To access and utilize the full range of recruitment services offered on the Platform, you, as a Recruiter, are required to register and create a company profile by providing the following details: your company name, contact information (email address and mobile number), and other relevant business details. This information is necessary to enable us to provide tailored recruitment solutions and functionalities specific to your company’s needs.

4.2 As part of utilizing the services on the Platform, you are required to create detailed job descriptions for the positions you wish to recruit for. To fully avail of the services, including resume analysis and candidate ranking, you must also upload CVs of prospective candidates or other necessary documents. These CVs will be analyzed by the Platform, ranked based on job requirements, and made available for further recruitment actions.

4.3 Please note that registration is mandatory to access the Platform’s recruitment services, and there is no option to access the Platform as a guest user. Without completing the registration and profile setup, you will not be able to access or use the full features of the Platform.

4.4 Any information collected about you and your company is subject to our Privacy Policy, which is incorporated into these Terms of Use by reference. You are solely responsible for maintaining the confidentiality of your username, password, and any account-related information. Any activity under your company’s account will be deemed to have been performed by you or your authorized representatives. If you provide false or inaccurate information, or if we have reason to believe that this has occurred, we reserve the right to suspend or permanently deactivate your account.

5. Eligibility

5.1 You represent and warrant that you are duly authorized to act on behalf of your company or organization, that you have the legal capacity to enter into binding agreements, and that you have the requisite authority to bind your company to these Terms of Use in accordance with applicable law.

5.2 You further represent that your use of the Platform will comply with these Terms of Use, as well as all applicable local, state, national, and international laws, rules, regulations, and industry standards.

5.3 You shall not use the Platform if you, or your company, are not legally competent to enter into a contract, or if you are disqualified from doing so under any applicable laws, rules, or regulations currently in force.

6. Content

6.1 You acknowledge and agree that all Content, including job descriptions, CVs, job postings, and other materials submitted by you (the "Recruiter Content") to the Platform is generated or provided by you. We have no control over, and make no guarantees regarding, the quality, accuracy, integrity, and/or genuineness of such Recruiter Content. You are solely responsible for ensuring that any Content you provide complies with applicable laws, is accurate, and does not infringe on the intellectual property or other rights of any third party.

6.2 All Content provided by you or displayed on the Platform, including job descriptions, job postings, resumes, and summaries generated by the Platform after interviews, is subject to copyright. The summaries generated post-interview are for internal purposes only and may not be reused, distributed, or shared with third parties without obtaining prior written consent from the Company. Furthermore, any Content that may be subject to copyright owned by third parties will require the appropriate consent from the original copyright owner before any use or distribution

6.3 You are solely responsible for the integrity, authenticity, quality, and genuineness of any Content you provide or upload to the Platform. Although the Platform may allow you to interact with candidates, provide feedback, or make comments, we do not bear any liability for any feedback, comments, or other interactions made by candidates, other recruiters, or users. The Company reserves the right to suspend or terminate your account, at its discretion, if any Content you have provided is found to be untrue, inaccurate, misleading, offensive, or otherwise violates any applicable rules. You will be solely responsible for any financial or legal losses incurred by the Company, candidates, or other third parties as a result of your submission of such Content.

6.4 You are granted a personal, non-exclusive, non-transferable, revocable, and limited privilege to access the Content available on the Platform. You shall not copy, adapt, modify, distribute, or otherwise use any Content without obtaining explicit written permission from the Company.

7. Indemnity

7.3 You further agree to hold the Company harmless against any claims made by any third party arising from or in connection with any of the aforementioned situations.

7.4 You agree to fully cooperate in indemnifying the Company at your own expense. You also agree not to settle with any party without the consent of the Company.

7.5 Under no circumstances shall the Company be liable for any special, incidental, indirect, consequential, or punitive damages, including but not limited to damages for loss of data, profit, or use, whether or not foreseeable or whether or not the Company had been advised of the possibility of such damages. This limitation of liability applies regardless of the theory of liability, whether arising from breach of contract, negligence, tortious actions, or any other claim arising out of your use of, or access to, the Platform and its services.

8. Limitation of Liability

8.3 The Platform and its services are provided "as is," without any guarantees or warranties regarding their accuracy, suitability, completeness, or reliability. We are not liable for any errors, omissions, or damages incurred by you, your devices, or any third party arising from the use or misuse of the Platform or its services. This includes, but is not limited to, damages caused by the unavailability or failure of the Platform.

8.4 You are solely responsible for complying with all applicable laws, rules, and regulations related to your use of the Platform and your activities on it. By using the Platform, you agree to adhere to all policies incorporated into these Terms of Use.

8.5 The Platform is not liable for any loss or damage that is not reasonably foreseeable, including but not limited to indirect, consequential, or incidental losses, loss of opportunities, or any losses incurred due to your breach of these Terms of Use.

8.6 To the fullest extent permitted by law, our liability to you or any third party for any loss or damage arising from your use of the Platform, regardless of the form of action, is strictly limited. Your sole and exclusive remedy for dissatisfaction with the Platform or its services is to discontinue use of the Platform.

9. Payment

9.1 as a recruiter, you will be able to view your payment details directly on the Platform, including the services you have subscribed to and the corresponding charges. All payments made to the Platform for services are non-refundable, except as required by applicable law. It is your responsibility to ensure the accuracy of your payment details and subscription choices before making a payment.

10. Term

10.1 These Terms of Use shall continue to form a valid and binding agreement between us and shall remain in full force and effect as long as you continue to access and use the Platform.

10.2 You may terminate your use of the Platform at any time, in accordance with the process specified under these Terms of Use. Upon termination, you will no longer have access to the Platform or its services.

10.3 We reserve the right to terminate these Terms of Use and close your account at any time without notice, and/or suspend or terminate your access to the Platform for any reason, including but not limited to discrepancies or legal issues.

10.4 Suspension or termination of your account or access to the Platform will not limit our right to take any other actions against you that we deem appropriate, including legal action or enforcement of outstanding payments.

10.5 We may discontinue any or all of the services provided on the Platform at any time without prior notice. If services are discontinued, any ongoing recruitment processes may be interrupted.

11. Termination

11.1 We reserve the right, at our sole discretion, to unilaterally terminate or restrict your access to the Platform, or any portion thereof, at any time without prior notice or explanation, to ensure the proper functioning of the Platform or to address concerns related to your use of the Platform.

11.2 We also reserve the universal right to deny access to the Platform or any of its Services to any user, at any time, without prior notice, explanation, or liability, in order to protect the interests of the Platform, its integrity, or the interests of other users.

11.3 We retain the right to limit, restrict, or create varied access to the Platform and its features for different users. Additionally, we may modify existing features, discontinue certain functionalities, or introduce new features at our sole discretion without prior notice.

11.4 You agree to abide by these Terms of Use for as long as you access or use the Platform. Termination of your account or access to the Platform does not absolve you from obligations incurred under these Terms of Use prior to termination.

11.5 We may retain any data, including but not limited to your CV, that you have provided to the Platform, even after termination, for purposes such as compliance with legal obligations, resolving disputes, or enforcing these Terms of Use, in accordance with our Privacy Policy.

12. Communication

12.1 By using the Platform and providing your identity and contact information, you consent to receive communications from us, including emails, SMS, or notifications, regarding the Platform, its services, updates, and any other matters related to your use of the Platform. These communications may be initiated by the Company or its representatives at any time.

12.2 If you encounter any discrepancies or issues related to the Platform, its services, or any content provided, you may report them to us at zepcruit@gmail.com. Upon receiving your report, we will initiate an investigation and take necessary actions, if required. The time taken to resolve the issue will depend on the nature and complexity of the matter.

12.3 You expressly agree that we may contact you regarding any services you have availed through the Platform or for matters related thereto. You further agree to indemnify and hold us harmless against any claims of harassment arising from such communications.

12.4 Any information shared by or with us as part of your use of the Platform shall be handled in accordance with our Privacy Policy, which governs the collection, use, and protection of your personal information.

13. User obligations and formal undertakings as to conduct

14. Intellectual Property Rights

14.1 Unless expressly agreed to in writing, nothing in these Terms of Use grants you any rights to use the trade names, trademarks, service marks, logos, domain names, content, or other distinctive brand features of the Platform. All logos, trademarks, service marks, domain names, designs, and graphics created or developed by the Platform or its third-party partners are the exclusive property of the Platform or the respective copyright or trademark owners.

14.2 You acknowledge that the Platform retains exclusive ownership of all intellectual property rights relating to the Platform, including but not limited to its software, designs, graphics, features, and any other proprietary content. You may use the Platform and its Services only in accordance with these Terms of Use and in a manner that does not infringe upon our intellectual property rights.

14.3 You shall not use any intellectual property of the Platform in any manner that is likely to cause confusion among current or potential users of the Platform, nor shall you use the Platform's intellectual property in a manner that disparages or discredits the Platform, as determined solely by us.

14.4 You agree and acknowledge that all intellectual property, including but not limited to copyrights, trademarks, and other proprietary rights, relating to the Services on the Platform, remain the sole and exclusive property of their respective owners. Nothing in these Terms of Use transfers any intellectual property rights to you except for a limited, non-exclusive, non-transferable license to use the Platform in accordance with these Terms.

14.5 You further understand that any unauthorized use, reproduction, or infringement of the Platform's or third parties’ intellectual property will result in legal action by the respective intellectual property owners. You agree to indemnify and hold the Platform harmless against any claims arising from your infringement or misuse of intellectual property.

15. Disclaimer of Warranties and Liabilities

15.1 You further agree and undertake that you are accessing the Platform at your sole risk and that you are using the best and prudent judgment before availing of any features on the Platform or accessing/using any information displayed thereon.

15.2 You agree that any kind of information, resources, activities, or recommendations obtained/availed from the Platform, written or oral, will not create any warranty and we disclaim all liabilities resulting from these.

15.3 We do not provide any guarantees about the accuracy, currency, suitability, reliability, or quality of the information or content on or linked via our services, including translations, transcriptions, or captions.

15.4 We assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by users, advertisers, and third parties.

15.5 We do not guarantee that the features and content contained in the Platform will be uninterrupted or error-free, or that the Platform or its server will be free of viruses or other harmful components, and you hereby expressly accepts any associated risks involved with your use of the Platform.

16. FORCE MAJEURE

16.1 We will not be liable for damages for any delay or failure to perform our obligations hereunder if such delay or failure is due to cause beyond our control or without its fault or negligence, due to force majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labour shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.

17. DISPUTE RESOLUTION AND JURISDICTION

17.1 These Terms shall be governed and interpreted by and construed in accordance with the substantive Laws of India and subject to arbitration provisions below, each party hereby irrevocably and finally submits to the exclusive jurisdiction of the courts of Pune, Maharashtra, India thereto in respect of any disputes, legal action or proceedings arising out of or in connection with the Terms, interpretation, duties, performance, breach, etc. of these Terms.

17.2 Should any Dispute arise out of or in connection with these Terms, the Parties hereto shall first endeavor to settle such Dispute amicably. If the Dispute is not resolved through amicable settlement within fifteen (15) days after commencement of discussions or such longer period as the Parties mutually agree in writing, then either Party may refer the Dispute for resolution by arbitration according to the provisions of the Arbitration and Conciliation Act, 1996 (India) or any statutory amendment or re-enactment thereof, or any statute enacted to replace the same, for the time being in force. The arbitration shall be conducted by a sole arbitrator appointed by mutual consent of the parties. The seat and venue of arbitration shall be in Pune, Maharashtra, India, and the language of the proceedings shall be English.

17.3 The Award rendered in any arbitration commenced hereunder shall be final and conclusive, and judgment thereon may be entered in any court having jurisdiction for its enforcement. The Parties undertake to implement the arbitration award. In addition, the Parties agree that no Party shall have any right to commence or maintain a suit or legal proceeding concerning a Dispute hereunder (other than for preventive or interlocutory relief pending completion of the arbitration proceedings under these Terms) until the Dispute has been determined in accordance with the arbitration procedure provided for herein and then only for the enforcement of the award rendered in such arbitration. When any Dispute is under arbitration, except for the matters under dispute, the Parties shall continue to exercise their remaining respective rights and fulfil their remaining respective obligations under these Terms.

18. MISCELLANEOUS PROVISIONS