TERMS OF USE

This document is an electronic record in terms of the Information Technology Act, 2000 and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that requires publishing the rules and regulations, privacy policy and terms of use for access or usage of this website.

 

THE TERMS OF USE FOR EMPLOYERS

The domain name www.shortlist.net (“Website”) is owned by Shortlist Professional Services Private Limited, a private limited company incorporated under the Companies Act, 2013 with its registered office at, 1903-A, Vivarea, Hindustan Spinning & Weaving Mill Compound, Sane Guruji Marg, Mahalaxmi, Mumbai – 400011, Maharashtra, India (hereinafter referred to as “Shortlist”, which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to include its successors, affiliates, partners and permitted assigns).For the purpose of these Terms of Use (“Terms”), wherever the context so requires, the term:“Employer” shall mean any natural person, trust, firm, company, governmental authority, joint venture, association, partnership, society or other entity who for the purpose of seeking personnel for its organisation use the Website.

“Force Majeure Event” shall mean any event that is beyond the reasonable control of Shortlist and shall include, without limitation, sabotage, fire, flood, explosion, act of God, civil commotion, strikes, lockouts or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, civil disturbances, unauthorised access to computer data and storage device, computer crashes, virus attacks, breach of security and encryption, and any other similar events not within the control of Shortlist and which Shortlist is not able to overcome.

“Candidate” shall mean an individual who uses the Website, for the purpose of seeking an employment.Shortlist reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms, at any time without any prior written notice to the Employer. It is the Employer’s sole responsibility to review these Terms periodically for updates or changes. The Employer’s continued use of the Website following the posting of changes shall be deemed to mean that the Employer accepts and agrees to the revisions. As long as the Employer complies with these Terms, Shortlist grants the Employer a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website. Accessing, browsing or otherwise using the Website indicates the Employer’s agreement to all the terms and conditions under these Terms. Employers are advised to read these Terms carefully before proceeding. By impliedly or expressly accepting these Terms, the Employer also accepts and agrees to be bound by all Shortlist’s policies, including but not limited to its Privacy Policy as amended from time to time.

Summary of the Terms of Use

Membership Eligibility

This section lays down the eligibility criteria to use the Website.

Employer’s Account and Registration Obligations

This section provides the manner and procedure for registration, for the purpose of using the services of this Website.

Use of the Website

This section lays down the Employer’s agreement to the terms governing the use of the Website.

Terms and Conditions of Service

This section lays down the terms and conditions governing the use of the services provided by the Website

Confidentiality

This section states that Shortlist shall not disclose confidential information to anyone except as required by law. Links to Third Parties’ WebsitesThis section declares that Shortlist is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms or content of any third party websites.

Indemnification

This section states that the Employer agrees to indemnify Shortlist against any and all Claims, which may be incurred by Shortlist, arising out of any breach to these Terms of Use or the Privacy Policy.

Termination

This section states the conditions under which the services to the Employer under the Website may be terminated.

Disclaimer of Warranties

This section explains that Shortlist makes no representations or warranties of any kind as to the operation of the Website, accuracy or completeness of the contents and information provided herein.

Limitation of Liability

This section lays down the circumstances under which Shortlist shall not liable to the Employer.

Governing Law and Resolution of Disputes

This section states that these Terms of Use shall be governed by the laws of India and that the place of jurisdiction shall exclusively be in Mumbai, Maharashtra, India.

Membership Eligibility

Use of the Website is available only to persons who can enter into legally binding contracts under the Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents, person of unsound mind are not eligible to use the Website. Any person under the age of 18 shall not register as an Employer on the Website and shall not transact on or use the Website. If a minor wishes to use or transact on the Website, such use or transaction may be made by the minor’s legal guardian or parents on the Website. Shortlist reserves the right to terminate any person’s membership and/or refuse to provide such person with access to the Website if it is brought to Shortlist’s notice or if it is discovered that such person is not eligible to use the Website.

Employer’s Account and Registration Obligations
Shortlist makes the services available to the Employer through the Website only if the Employer has provided Shortlist certain required user information and created an account (“Account”) through the Shortlist ID and password or such other login-in ID and password, which may include a Facebook ID, Gmail ID, Yahoo ID or any other such valid email ID (collectively, “Account Information”).

The Employer will be responsible for maintaining the confidentiality of the Account Information, and shall be fully responsible for all activities that occur under the Employer’s Account. The Employer agrees to, (i) immediately notify Shortlist of any unauthorised use of the Employer’s Account Information or any other breach of security; and (ii) ensure that the Employer exits from the Account at the end of each session. Shortlist cannot and will not be liable for any loss or damage arising from the Employer’s failure to comply with this Clause. The Employer may be held liable for losses incurred by Shortlist or any user or visitor of the Website due to authorised or unauthorised use of the Employer’s Account, as a result of the Employer’s failure in keeping the Employer’s Account Information confidential.

The Website allows very limited and restricted access to the services for unregistered users.

The Employer shall ensure that the Account Information provided by the Employer in the Website’s registration form is complete, accurate and up-to-date. Use of another Employer’s Account Information for availing the services of the Website is expressly prohibited.

The Employer agrees that if the Employer provides any information that is untrue, inaccurate, not current or incomplete, (or becomes untrue, inaccurate, not current or incomplete) or if Shortlist has reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with the these Terms, Shortlist shall have the right to indefinitely suspend or terminate or block access to the Employer’s Account on the Website and refuse to provide the Employer with access to the Website.

Use of the Website
The Employer agrees, undertakes and covenants that, during the use of the Website, the Employer shall not host, display, upload, modify, publish, transmit, update or share any information that:
Belongs to another person or entity and to which the Employer does not have any right. Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another ‘s privacy, hateful or racially or ethnically objec tionable, disparaging or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever. Is misleading in any way.Involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”. Infringes upon or violates any third party’s rights including, but not limited to, Intellectual Property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity. Provides instructional information about illegal activities such as making or buying illegal weapons or any other objects, violating someone’s privacy, or providing or creating computer viruses. Tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, or other areas of the Website or solicits passwords or personally identifying information for commercial or unlawful purposes from other Employers. Engages in commercial activities without Shortlist’s prior written consent such as engages in contests, sweepstakes, barter, advertising etc.Interferes with another Employer’s use and enjoyment of the Website. Refers to any website or URL that, in Shortlist’s sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms.

Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.Contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information.

The Employer, hereby agrees, undertakes and covenants that the use of the Website shall strictly be governed by the following binding principles:
Shortlist shall place the information relating to job postings on such classified sections of the Website or on third party websites as Shortlist may deem fit and proper. For this purpose, Shortlist may use the Employer’s name, its brand name, brand logo and other details pertaining to the Employer. The Employer hereby provides Shortlist with a royalty-free, fully paid-up, worldwide, non-exclusive license to such use of the Employer’s information by Shortlist and such use by Shortlist shall not constitute a violation or infringement of the Employer’s Intellectual Property. Job postings on the Website shall be archived, after a full list of shortlisted Candidates is delivered to the Employer and the Employer has provided feedback on such shortlisted Candidates.  Shortlist reserves its right to reject any information provided by the Employer without assigning any reason either before uploading or after uploading the vacancy details. Shortlist may have access to and may collect the Employer’s publicaly available information on third-party job search engines/websites like Naukri, Monster etc. and on other social networking websites like Facebook, LinkedIn, Twitter, Instagram etc. By uploading a job posting on the Website, the Employer confirms that it has obtained all licenses/permits as are necessary for recruitment and if necessary, the Employer agrees to provide an undertaking to Shortlist that the jobs advertised on the classified section of the Website, are genuine and that the Employer has the authority to advertise for such jobs. The Employer shall indemnify Shortlist against all claims, damages arising out of actions/inactions/claims that may be made in relation to the same. Shortlist has the right to make visual modifications/edits on the job posting details in order to fit its database and/or improve the user interface.Shortlist may share the job description provided by the Employer, on third-party job search engines/websites like Naukri, Monster etc. and on social media websites like Facebook, LinkedIn, Twitter, etc. to broaden the search for Candidates. The Employer understands that job postings on such websites may remain available even after Shortlist stops providing its services to the Employer.Shortlist shall not be held liable for any loss of data, technical or otherwise, information, particulars supplied by the Employer, due the reasons beyond its control like corruption of data or delay or failure to perform as a result of a Force Majeure Event. Shortlist reserves its right to change the look, feel, design, prominence, user interface, classification of the classified section of the Website at any time without assigning any reason and without giving any notice to the Employer. The Employer acknowledges that all processes, screening methodologies, assessment frameworks, content, and Candidate profile information will remain the sole Intellectual Property of Shortlist and the Employer has no rights over such data.

Terms and Conditions of Service
The Employer hereby understands and accepts that the Employer shall be bound by the following terms and condition pertaining to the services provided by Shortlist:

The services by Shortlist shall be provided for a term of 6 (Six) weeks commencing from the date of receipt of fees/charges by Shortlist from the Employer.Upon receiving the job description from the Employer, Shortlist may require an initial 30-60 minutes’ consultation (phone or in-person) with the Employer, in order to better understand the Employer’s requirements.The Employer shall be responsible to provide the appropriate content for job description, relevant company links and media to complete the job posting. Shortlist shall not be responsible for any incomplete or inaccurate information herein.Based on the requirements provided by the Employer, Shortlist shall provide at least 5 potential Candidates, who in its opinion are the right match for the job posting provided by the Employer. This analysis by Shortlist shall be made, based on its proprietary technologies and assessment methodologies including the multi-dimensional process of sourcing from various channels and by creating 3D profiles of Candidates’ experience and capabilities. The initial list of shortlisted potential Candidates shall be provided by Shortlist within 2 (Two) weeks of commencement of services.Shortlist shall also provide the Employer with certain significant information pertaining to the Candidate, including the Candidate’s contact information, a snapshot of experience, personality profile report and links to any voice interviews or assessments conducted for the Candidate. The Employer shall review the shortlisted Candidates, provide feedback to Shortlist and reach out to desired Candidates, within 5 (Five) working days of receiving the list of potential shortlisted profiles or within such timeframe as agreed between Shortlist and the Employer.The Employer understands that Shortlist may require the Employer to provide pro-active assistance in preparing job posts, finalizing case studies, personality profiling, sharing relevant back-up materials and in preparing and approving any practical tests/assessments/questionnaires for the Candidates. The Employer understands that any delay in providing assistance or in providing information as required in sub-clause (4.6) and (4.7) above, may result in termination of services by Shortlist, in its sole discretion.The Employer understands and agrees that, Shortlist shall only recommend a list of shortlisted Candidates which Shortlist in its opinion believes to be the right match for the Employer’s job requirement. Shortlist offers no guarantee or warranty that there would be a satisfactory response or any response at all, once the job is put on display.Shortlist assumes no responsibility for cessation of employment of a Candidate hired by an Employer on this Website, for any reasons whatsoever. Shortlist does not guarantee that it shall provide the best Candidates in the industry or as to their ability to perform the tasks assigned. Shortlist’s involvement is restricted to providing the Employers with a list of shortlisted Candidates that are in Shortlist’s opinion a right match.  Shortlist aims to find potential Candidates who are a good fit and meet all of the Employer’s experience, personality, and logistical requirements, however, it remains the Employer’s sole responsibility to interview and on-board the Candidate.It shall be the sole responsibility of the Employer to check, authenticate and verify the information received from the Candidates and to conduct a background check of the Candidates at its own cost and expense. The Employer acknowledges that Shortlist may provide services to the Employer’s competitors and Shortlist’s services shall not in any way be restricted by the provisions of exclusivity and/or non-solicitation.

Confidentiality

As elaborated under the Privacy Policy, Shortlist will keep all confidential information confidential, including the  Employer’s personal and business information, and shall not disclose it to anyone except as required by law, and shall ensure that such confidential information is protected with security measures and a degree of care that it would apply to its own confidential information. Shortlist acknowledges that its employees, directors, agents and contractors shall use the confidential information only for the intended purpose for which it is provided. Shortlist shall use all reasonable endeavours to ensure that its employees, directors, agents and contractors acknowledge and comply with the provisions of these Terms of confidentiality as if such person was subject to these Terms of confidentiality.  Links to Third-Parties’ websitesThe Website may contain links and interactive functionality interacting with the websites of third parties, including third-party job search engines and social media websites. Shortlist is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such website. Before enabling any sharing functions to communicate with any such website or otherwise visiting any such website, Shortlist strongly recommends that the Employer reviews and understands the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website.IndemnificationThe Employer shall indemnify and hold harmless Shortlist, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of the Employer’s breach of these Terms, Privacy policy and other policies, or the Employer’s violation of any law, rules or regulations or the rights (including infringement of any Intellectual Property rights) of a third party.

Termination
Shortlist, in its sole discretion, may modify, suspend, or terminate access to, all or any portion of the Website at any time for any reason including termination for breach of any of these Terms.If the Employer wishes to terminate these Terms, the Employer must immediately stop accessing or using the Website at any time and inform Shortlist in writing of such termination.None of the Employer’s content shall remain accessible on the Website upon termination. This information cannot be recovered by the Employer, once the account is terminated. If the Employer cancels its paid service before the end of current paid up period (month, quarter, half-year, full-year), its cancellation will take effect immediately and the Employer shall not be charged again, nor will the Employer receive a refund for the unused portion of the payment period.The disclaimer of warranties, the limitation of liability, and the governing law provisions shall survive any termination of these Terms.

Disclaimer of Warranties
THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS AND SERVICES INCLUDED. ON OR OTHERWISE MADE AVAILABLE TO THE EMPLOYER THROUGH THE WEBSITE (COLLECTIVELY, THE “CONTENTS”) ARE PROVIDED BY SHORTLIST ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. SHORTLIST MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE ACCURACY OR COMPLETENESS OF THE CONTENTS AND THE ACCURACY OF THE INFORMATION. SHORTLIST SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO THE EMPLOYER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, DOCUMENT OR INFORMATION. THE EMPLOYER EXPRESSLY AGREES THAT THE USE OF THE WEBSITE IS AT THE EMPLOYER’S SOLE RISK. SHORTLIST WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE OR THE CONTENTS INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, SHORTLIST DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE WEBSITE AND ITS CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.  Limitation of LiabilityIN NO EVENT SHALL SHORTLIST, ITS DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE EMPLOYER’S ACCESS TO AND USE OF THE WEBSITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SECURE SERVERS AND/OR ANY AND ALL PERSONAL AND/OR BUSINESS AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SHORTLIST IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE ABOVE AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, THE MAXIMUM AGGREGATE LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR EQUITY) OF SHORTLIST VIS-À-VIS ANY EMPLOYER, REGARDLESS OF THE FORM OF CLAIM, SHALL BE LIMITED TO [THE AGGREGATE OF FEES PAID BY THE EMPLOYER TO SHORTLIST]. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN.Governing Law and Dispute ResolutionThese Terms shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Mumbai, Maharashtra, India. In the event of any dispute arising out of these Terms the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996. The venue of arbitration shall be Mumbai, Maharashtra, India.

TERMS OF USE FOR CANDIDATES
The domain name www.shortlist.net (“Website”) is owned by Shortlist Professional Services Private Limited, a private limited company incorporated under the Companies Act, 2013 with its registered office at, 1903-A, Vivarea, Hindustan Spinning & Weaving Mill Compound, Sane Guruji Marg, Mahalaxmi, Mumbai – 400011, Maharashtra, India (hereinafter referred to as “Shortlist”, which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to include its successors, affiliates, partners and permitted assigns).For the purpose of these Terms of Use (“Terms”), wherever the context so requires, the term:“Employer” shall mean any natural person, trust, firm, company, governmental authority, joint venture, association, partnership, society or other entity who for the purpose of seeking personnel for its organisation use the Website.

“Force Majeure Event” shall mean any event that is beyond the reasonable control of Shortlist and shall include, without limitation, sabotage, fire, flood, explosion, act of God, civil commotion, strikes, lockouts or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, civil disturbances, unauthorised access to computer data and storage device, computer crashes, virus attacks, breach of security and encryption, and any other similar events not within the control of Shortlist and which Shortlist is not able to overcome.
“Candidate” shall mean an individual who uses the Website, for the purpose of seeking an employment.Shortlist reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms, at any time without any prior written notice to the Candidate. It is the Candidate’s sole responsibility to review these Terms periodically for updates or changes. The Candidate’s continued use of the Website following the posting of changes shall be deemed to mean that the Candidate accepts and agrees to the revisions. As long as the Candidate complies with these Terms, Shortlist grants the Candidate a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website. Accessing, browsing or otherwise using the Website indicates the Candidate’s agreement to all the terms and conditions under these Terms. Candidates are advised to read these Terms carefully before proceeding. By impliedly or expressly accepting these Terms, the Candidate also accepts and agrees to be bound by all Shortlist’s policies, including but not limited to its Privacy Policy as amended from time to time.Summary of the Terms of UseMembership EligibilityThis section lays down the eligibility criteria to use the Website.

Candidate’s Account and Registration Obligations

This section provides the manner and procedure for registration, for the purpose of using the services of this Website. Use of the WebsiteThis section lays down Candidate’s agreement to the terms governing the use of the Website. ConfidentialityThis section states that Shortlist shall not disclose confidential information to anyone except as required by law. Links to Third Parties’ WebsitesThis section declares that Shortlist is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms or content of any third party websites.

Indemnification

This section states that the Candidate agrees to indemnify Shortlist against any and all Claims, which may be incurred by Shortlist, arising out of any breach to these Terms of Use or the Privacy Policy. TerminationThis section states the conditions under which the services to the Candidate under the Website may be terminated. Disclaimer of WarrantiesThis section explains that Shortlist makes no representations or warranties of any kind as to the operation of the Website, accuracy or completeness of the contents and information provided herein. Limitation of LiabilityThis section lays down the circumstances under which Shortlist shall not liable to the Candidate. Governing Law and Resolution of DisputesThis section states that these Terms of Use shall be governed by the laws of India and that the place of jurisdiction shall exclusively be in Mumbai, Maharashtra, India. Membership EligibilityUse of the Website is available only to persons who can enter into legally binding contracts under the Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents and  person s of unsound mind are not eligible to use the Website. Any person under the age of 18 shall not register as a Candidate on the Website and shall not transact on or use the Website. If a minor wishes to use or transact on the Website, such use or transaction may be made by the minor’s legal guardian or parents on the Website. Shortlist reserves the right to terminate any person’s membership and/or refuse to provide such person with access to the Website if it is brought to Shortlist’s notice or if it is discovered that such person is not eligible to use the Website.Candidate’s

Account and Registration Obligations
Shortlist makes the services available to the Candidate through the Website only if the Candidate has  provided Shortlist certain required user information and created an account (“Account”) through the Shortlist ID and password or such other login-in ID and password, which may include a Facebook ID, Gmail ID, Yahoo ID or any other such valid email ID (collectively, “Account Information”).
The Candidate will be responsible for maintaining the confidentiality of the Account Information, and shall be fully responsible for all activities that occur under the Candidate’s Account. The Candidate agrees to, ( i) immediately notify Shortlist of any unauthorised use of the Candidate’s Account Information or any other breach of security; and (ii) ensure that the Candidate exits from the Account at the end of each session. Shortlist cannot and will not be liable for any loss or damage arising from the Candidate’s failure to comply with this Clause. The Candidate may be held liable for losses incurred by Shortlist or any user or visitor of the Website due to authorised or unauthorised use of the Candidate’s Account, as a result of the Candidate’s failure in keeping the Candidate’s Account Information confidential.

The Website allows very limited and restricted access to the services for unregistered users.

The Candidate shall ensure that the Account Information provided by the Candidate in the Website’s registration form is complete, accurate and up-to-date. Use of another Candidate’s Account Information for availing the services of the Website is expressly prohibited.

The Candidate agrees that if the Candidate provides any information that is untrue, inaccurate, not current or incomplete, (or becomes untrue, inaccurate, not current or incomplete) or if Shortlist has reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with the these Terms, Shortlist shall have the right to indefinitely suspend or terminate or block access to the Candidate’s Account on the Website and refuse to provide the Candidate with access to the Website.

Use of the Website
The Candidate agrees, undertakes and covenants that, during the use of the Website, the Candidate shall not host, display, upload, modify, publish, transmit, update or share any information that:

Belongs to another person or entity and to which the Candidate does not have any right.Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another ‘s privacy, hateful or racially or ethnically objec tionable, disparaging or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever.Is misleading in any way.Involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”.Infringes upon or violates any third party’s rights including, but not limited to, Intellectual Property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity.Provides instructional information about illegal activities such as making or buying illegal weapons or any other objects, violating someone’s privacy, or providing or creating computer viruses. Tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, or other areas of the Website or solicits passwords or personally identifying information for commercial or unlawful purposes from other Candidates.Engages in commercial activities without Shortlist’s prior written consent such as engages in contests, sweepstakes, barter, advertising etc.Interferes with another Candidate’s use and enjoyment of the Website.Refers to any website or URL that, in Shortlist’s sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms.Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.Contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information.

The Candidate, hereby agrees, undertakes and covenants that the use of the Website shall strictly be governed by the following binding principles:
Shortlist only provides recommendations of the Candidates who are shortlisted by it, pursuant to various assessment programmes, including but not limited to personality tests, voice recording and other such written or oral tests, conducted by it and who in Shortlist’s opinion are a suitable match for a particular job posting.Shortlist offers no guarantee or warranty that there would be a satisfactory response or any response at all once the resume or information is provided by the Candidate.Shortlist neither guarantees nor offers any warranty about the credentials, bona fides, status or otherwise of the prospective Employer which downloads the resume or collects information and uses it to contact the Candidate.Shortlist while reviewing the candidature of the Candidate, may access the Candidate’s publicaly available job profiles on websites like Naukri, Monster etc. and social media profiles displayed on Twitter, Facebook, LinkedIn etc. and may conduct certain background checks which in its opinion are suitable for verifying the identity, and for authenticating that submissions made on the Website were made by the Candidate.The Candidate warrants that all information provided by the Candidate, including but not limited to the Account Information, resume, background information and such other personal information is true, accurate and current. The Candidate agrees that Shortlist shall not be held responsible in the event any such information is found untrue, inaccurate, not current, incomplete, or not in accordance with these Terms and to indemnify Shortlist against all claims, damages arising out of actions/inactions/claims that may be made in relation to the same.The Candidate acknowledges that the Candidate may be required to provide pro-active assistance to Shortlist, from time to time, in order to complete the job profile and to enable Shortlist to find a suitable Employer.Shortlist would not be held liable for loss of any data technical or otherwise, or of the resume or information supplied by the Candidate due to reasons beyond its control like a Force Majeure Event.It shall be the sole responsibility of the Candidate to check the authenticity of all or any response received pursuant to the resume or information being provided on the Website by the Candidate. Shortlist assumes no responsibility in respect thereof and expressly disclaims any liability for any act, deed or thing which the Candidate may so do, pursuant to the receipt of the response, if any.Uploading of multiple resumes beyond a reasonable limit by the same Candidate, using the same or different accounts shall entitle Shortlist to remove such Candidate’s resumes without notice to the Candidate.The Website is only meant for the Candidate looking for suitable jobs. Any usage with commercial intent is prohibited.Shortlist reserves its right to reject and delete any resume or information provided by the Candidate without assigning any reason.Shortlist has the right to make all such visual modifications/edits on the resume in order to fit the resume in its database.It shall be the sole responsibility of the Candidate to ensure that it uses the privacy setting options as it deems fit to refuse access of the information provided by the Candidate, to any Employers. Shortlist shall not be responsible for such data being accessed by its subscribers or other Candidates whose access has not been specifically restricted by the Candidate while using the privacy settings.The Candidate acknowledges that all processes, screening methodologies, assessment frameworks, content  an d Candidate profile information will remain the sole Intellectual Property of Shortlist and the Candidate has no rights over such data .The Candidate shall not claim any copyright or other Intellectual Property right over the information uploaded by the Candidate on the Website including any information provided in response to a questionnaire or other assessment tests conducted by Shortlist. All such information shall remain the exclusive property of Shortlist.

Confidentiality

As elaborated under the Privacy Policy, Shortlist will keep all confidential information confidential, including the Candidate’s personal information, and shall not disclose it to anyone except as required by law, and shall ensure that such confidential information is protected with security measures and a degree of care that it would apply to its own confidential information. Shortlist acknowledges that its employees, directors, agents and contractors shall use the confidential information only for the intended purpose for which it is provided. Shortlist shall use all reasonable endeavours to ensure that its employees, directors, agents and contractors acknowledge and comply with the provisions of these Terms of confidentiality as if such person was subject to these

Terms of confidentiality

Links to Third-Parties’ websitesThe Website may contain links and interactive functionality interacting with the websites of third parties, including third-party job search engines and social media websites. Shortlist is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such website. Before enabling any sharing functions to communicate with any such website or otherwise visiting any such website, Shortlist strongly recommends that the Candidate reviews and understands the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website.

Indemnification

The Candidate shall indemnify and hold harmless Shortlist, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of the Candidate’s breach of these Terms, Privacy policy and other policies, or the Candidate’s violation of any law, rules or regulations or the rights (including infringement of any Intellectual Property rights) of a third party.

 

Termination
Shortlist, in its sole discretion, may modify, suspend, or terminate access to, all or any portion of the Website at any time for any reason including termination for breach of any of these Terms.If the Candidate wishes to terminate these Terms, the Candidate must immediately stop accessing or using the Website at any time and inform Shortlist in writing of such termination.None of the Candidate’s content shall remain accessible on the Website upon termination. This information cannot be recovered by the Candidate, once the account is terminated. If the Candidate cancels its paid service before the end of current paid up period (month, quarter, half-year, full-year), its cancellation will take effect immediately and the Candidate shall not be charged again, nor will the Candidate receive a refund for the unused portion of the payment period.The disclaimer of warranties, the limitation of liability, and the governing law provisions shall survive any termination of these Terms.

Disclaimer of Warranties
THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS AND SERVICES INCLUDED. ON OR OTHERWISE MADE AVAILABLE TO THE CANDIDATE THROUGH THE WEBSITE (COLLECTIVELY, THE “CONTENTS”) ARE PROVIDED BY SHORTLIST ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. SHORTLIST MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE ACCURACY OR COMPLETENESS OF THE CONTENTS AND THE ACCURACY OF THE INFORMATION. SHORTLIST SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO THE CANDIDATE’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, DOCUMENT OR INFORMATION. THE CANDIDATE EXPRESSLY AGREES THAT THE USE OF THE WEBSITE IS AT THE CANDIDATE’S SOLE RISK. SHORTLIST WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE OR THE CONTENTS INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, SHORTLIST DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE WEBSITE AND ITS CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

Limitation of Liability

IN NO EVENT SHALL SHORTLIST, ITS DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE CANDIDATE’S ACCESS TO AND USE OF THE WEBSITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SECURE SERVERS AND/OR ANY AND ALL PERSONAL AND/OR BUSINESS AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SHORTLIST IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Governing Law and Dispute Resolution

These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be in Mumbai, Maharashtra, India. In the event of any dispute arising out of these Terms the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996. The venue of arbitration shall be Mumbai, Maharashtra, India.