Terms and Conditions
- These Terms and Conditions (‘Agreement’) are applicable to the ‘EmpowerYouth.com’ website including all the web pages and sub-domains of the website and the EmpowerYouth Android and iOS mobile application (The website and the application shall collectively be referred to as the ‘Platform’) owned and operated by Empower Youth Foundation& DSB EduTechPvt. Ltd. (hereinafter the group is referred to as the ‘Company’ which expression shall unless repugnant to the context or meaning thereof include its successors, representatives, affiliates and assigns). This Agreement constitutes a legally binding agreement between the Users of the Platform and the Company establishing the rights and obligations pertaining to the use of the Platform and availing the various services, features, content, and offerings available on it. Users are requested to carefully read this Agreement prior to accessing, browsing or using the Platform. Accessing, browsing or using the Platform by the Users, shall be deemed to constitute their acceptance of this Agreement and an undertaking to be bound by its provisions.
- The Company in its discretion reserves the right to amend, modify, update or make alterations to this Agreement from time to time, and the updated Agreement shall be subsequently posted on the Platform. The updated Agreement shall be legally binding on the Users and take effect immediately after being posted on the Platform. Users are requested and advised to periodically review this Agreement so as to be apprised of such alterations and amendments. The services, features, and other offerings on the Platform are subject to this Agreement and in the event, any User disagrees with any of the provisions contained herein, they are requested to discontinue accessing, browsing or using the Platform.
- The Platform is an ‘Intermediary’ in accordance with section 2(1)(w) of the Information Technology Act, 2000 and these Terms and Conditions have been laid out in accordance with The Information Technology (Reasonable Security Practices and Procedures and Sensitive data or Information) Rules, 2011.
- This document is an ‘Electronic Record’ in accordance with the provisions of the Information Technology Act, 2000
- 1.1 ‘Users’ means anyone, browsing or using the Platform and shall include the Applicants and the Recruiters.
- 1.2 ‘Applicants’ shall mean the Users registering on the Platform as prospective job applicants for various jobs and services that may be required by potential recruiters through the Platform.
- 1.3 ‘Recruiters’ shall mean the Users registering on the Platform for hiring the various Applicants listed on the Platform for availing their services as per the Recruiter’s individual requirements.
2. The Platform
- 2.1 The Platform is a proprietary recruitment platform that leverages Artificial Intelligence to connect Users involved and specialising in various distinct areas/fields listing both employment seeking Applicants and Recruiters from multifarious backgrounds requiring and soliciting a variety of services.
- 2.2 Users can register and create an account on the Platform free of cost by submitting the requisite information therein such as their name, location, contact details, entity details etc. The Platform provides an interface making it easier for Recruiters to connect with and hire potential candidates by providing services such as pre-screening, automated updates and scheduling, recommendations, free job posting etc. Applicants can avail services such as application screening, job recommendations, application tracking, automated scheduling etc.
- 3.1 In order to be eligible to register themselves and use the Platform, the individual Users shall be legally competent to enter into a contract in accordance with the applicable laws, shall be of a minimum of 18 years of age and shall possess the absolute authority and competence to subscribe to and be bound by the terms, conditions and obligations laid down in this Agreement.
- 3.2 In case the Users are business entities, whether incorporated or not, all such entities shall be compliant with and duly existing in accordance with the applicable laws of their jurisdiction and shall have the complete right, power, competency and authority to enter into this Agreement.
- 4.1 The Users shall provide accurate, complete and up to date information at the time of registration and creating an account on the Platform and shall ensure that they possess the rights, titles and interests in the data, information and content they submit on the Platform.
- 4.2 The Users agree and acknowledge that the Company shall in its discretion be entitled to verify the information provided by the Users and the Users shall cooperate with and provide adequate proof of the same to the Company as and when requested by it.
- 4.3 The account of the Users and their username and passwords shall solely and exclusively be for their personal use and the Users shall at all times ensure the confidentiality of their username, password and identification and shall be solely responsible for all activities on his/her account. The Users shall forthwith notify the Company in the event of any unauthorised activity pertaining to their account.
- 4.4 The Users shall be solely responsible for establishing the accuracy, veracity, authenticity and credibility of the identity, data, information and content of other Users listed on the Platform by conducting the requisite due diligence for the same.
- 5.1 By using the Platform, the Users consent to receiving communications from the Company with regard to the usage of the Platform and the solicitation and promotion of its services, features, and offerings. Users agree that the Company may contact them using various channels of communications including without limitation texting, SMS, calling, emails etc. and that the Company shall use the contact information provided while using the Platform. Users further consent to be contacted by the service providers of the Company, if any, with whom the Company may have entered into an agreement in furtherance of its rights, and such calls shall be made solely for the purposes stipulated herein. Users consent to waive the DND registry in for the purpose of the communications stipulated herein in the event they have subscribed to the same.
6. Representations and Warranties
- 6.1 The Users represent and Warrant that they are legally competent and have the complete right and authority to enter into this Agreement in accordance with applicable laws and the execution, delivery, and performance of this Agreement by such User shall not constitute a violation of any laws, breach of any agreement or require the permission of any third party or governmental authority.
- 6.2 The Users represent and warrant that all the information, data, and content provided by such Users on the Platform is true, accurate and up to date and undertake to provide any other information that may be required by the Company for the purposes stipulated herein. The Users undertake that in the event the Company requires any proof, whether documentary or otherwise of the information and data provided by such Users on the Platform they shall forthwith provide the same to the Company.
- 6.3 The Users represent and warrant that they possess the rights, titles, and interest in any and all the information and content provided by such Users on the Platform and the posting or submission of such information and content shall not constitute the violation or infringement of the rights of any other person or entity.
- 6.4 The Users shall take due care and exercise caution while using the Platform and exercise due diligence, efforts, verify the credentials of other Users at their own risk and expense prior to interacting, engaging, connecting or entering into a transaction with such User, as the case may be.
- 7.1 The Platform and the services, features, offerings, information, content available on it is available on an ‘as is’ and ‘as available’ basis. The Company disclaims any and all warranties, whether express or implied, including without limitation warranties of merchantability, non-infringement or fitness for a particular purpose except for those warranties that cannot be excluded under applicable laws. The Company does not guarantee any specific results from the usage of the Platform.
- 7.2 The Company shall not be liable, whether in contract or in tort in any manner whatsoever for i) any interruptions in the services ii) delay in access or interruptions on the Platform iii) loss, theft, non-delivery, destruction, corruption, of data iv) any loss or damage incurred as a result of your access or usage of the Platform v) occurrence of any viruses, malfunctions, system failures, technical problems in connection with the Platform vi) inaccuracies or omission in content v) any other event beyond the control of the Company.
- 7.3 The Company shall does not attest to or confirm the accuracy, credibility, authenticity or veracity of any information, data, content, listing provided by the Users on the Platform and does not promote or endorse the same. Any loss, liability, expenses, damages, expenses, judgments incurred by a User as a result of reliance on or any action taken on such information shall be borne solely and exclusively by the Users and the Company shall not bear any liability or responsibility for the same. The User shall solely and exclusively be responsible for verifying the information, data and content of other Users prior to any engagement by conducting the requisite due diligence and background checks for the same.
- 7.4 The use of the Platform and any resultant connection, exchange, communications or transaction does not constitute any offer, advice, counselling, recommendation on part of the Company and any loss, liability, expenses, damages, judgements incurred by any User as a result of entering into a transaction by using the Platform shall solely and exclusively be the responsibility of and borne by such User and the Company shall not bear any liability or responsibility for the same.
- 7.5 The Platform is merely an intermediary and provides an interface for Users to voluntarily register themselves by providing certain data and information in accordance with their individual preferences to connect, contact and engage with other Users for the purpose of entering into a transaction and availing the services herein. The Company does not monitor the conduct of the Users on the Platform and the Users are solely and exclusively responsible for their interactions, exchanges, communications, connections and transactions made on the Platform.
- 7.6 The Company takes reasonable measures and precautions for the protection and security of the information provided by the Users on the Platform; however, it shall not bear any responsibility or liability for any unauthorized or inappropriate use including without limitation any copying, printing, publishing, forging, reproductions, manipulation of the same by any other person or entity.
- 7.7 The Company may from time to time make the Platform unavailable with or without notification to the Users for the purpose of carrying out maintenance, repair or upgrades and the Users agree and acknowledge that the Company shall not be liable for any interruptions or loss of services as a result therefrom.
8. Content, Intellectual Property, and Proprietary Rights
- 8.1 Apart from any content or information posted by a User or any third-party, the ownership and any and all rights, titles, interests in the intellectual property and proprietary information and content on the Platform (Trademarks, Copyrights, Patents, Designs) including without limitation any logos, graphics, slogans, text, content, software, code, illustrations, images, icons, programs, technology, the look and feel of the Platform and the compilation and arrangement of the content and materials on it exclusively belong to the Company, its suppliers and licensors. User’s access or usage of the Platform does not confer upon them any right or license in the intellectual property or proprietary information of the Company as stipulated herein.
- 8.2 Users shall not inter alia copy, reproduce, duplicate, republish, transmit, download, post, distribute, modify the aforementioned intellectual property and proprietary information of the Company as aforesaid in any manner whatsoever or use the same for any commercial purposes.
- 8.3 Any and all the content and information posted, provided, submitted or made available on the Platform by the Users including without limitation any photos, writings, communications etc. shall belong to and solely and exclusively be the responsibility of and at the risk and expense of the Users and the Company does not bear any liability or responsibility for the same. The Company does not and is under no obligation to monitor the information and content as stipulated herein and does not attest to the veracity, accuracy, credibility, authenticity or integrity of such information and content. The Company may in its discretion require any User to provide proof or evidence of any such information and content and the User shall comply with the same.
- 8.4 The Users agree and acknowledge that by posting, providing, submitted or making available the content and information as aforesaid, the Users shall be deemed to have granted to the Company without any compensation a non-exclusive, worldwide, sub-licensable, transferable license to the Company in said the content and information to use, reproduce, distribute, display, publish, communicate, store, modify, prepare derivative works of, adapt, promote the same for the purpose of providing the stipulated services on the Platform.
- 8.5 In the event any of the User content or information on the Platform is in violation of this Agreement, applicable laws, or is offensive, harmful, threatening, defamatory, obscene, libellous etc. the Company is entitled to delete all such information and content to suspend, block or terminate the usage and registration of such User without any notification or compensation or refund. In addition to the foregoing, the Company may in its discretion pursue any legal action or such other remedies available to it as per applicable laws against such User.
- 8.6 The User shall not use, post, modify, distribute or reproduce any content or material wherein the intellectual property and proprietary rights of such content and material belong to the Company, any third-party or any other person or entity without obtaining the prior written consent of the owner of such rights as aforesaid, failing which the Company shall be entitled to take appropriate action including terminating the usage and registration of such User without any refund or other liability. In the event the intellectual or proprietary rights of a User have been violated or infringed as aforesaid the aggrieved User shall forthwith notify the Company of the same along with adequate proof and the Company shall, in its discretion take necessary and appropriate action thereafter.
- While accessing, browsing or using the Platform Users shall not host, display, upload, modify, publish, transmit, update or share, any information that-
- 1. belongs to another person and to which Users do not have any right;
- 2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, threatening, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
- 3. harm minors in any way;
- 4. infringes any patent, trademark, copyright, or other proprietary rights;
- 5. violates any law for the time being in force;
- 6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- 7. impersonate another person;
- 8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy, limit or impair the functionality of the Platform;
- 9. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
- In the event of occurrence of any of the foregoing restricted and prohibited activities the Company shall be entitled to block access or terminate the usage and registration of a User on the Platform without any notice or compensation.
- 10.1 The Company may provide paid products and/or services within the Service. In that case, the Company uses various third-party services for payment processing (e.g. payment processors) including Mastercard, Visa cards, Rupay etc. as available from time to time. The Company does not assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the User while availing any of the payment method/s available on the Website due to non-availability of payment gateways, non-authorization for any transaction/s, exceeding the preset limit mutually agreed by User and between "Bank/s", any payment issues arising out of the transaction or decline of transaction for any other reason's.
- 10.2 All payments made against the services on Website by the User shall be compulsorily in Indian Rupee (INR) acceptable in the India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.
- 10.3 All payments made against the services on the website are non-refundable.
12. Term and Termination
- 12.1 This Agreement shall be valid and continue to be operative as long as the Users continue to use the Platform.
- 12.2 The Users are entitled to terminate this Agreement anytime by discontinuing their usage of the Platform and communicate the same in writing to the Company.
- 12.3 The Company shall be entitled to terminate the usage, access, or membership of a User at any with immediate effect and with or without cause wherein the term cause shall mean the breach of any of the terms and conditions stipulated in this Agreement by a User.
- 12.4 The rights, liabilities or obligations under this Agreement that may have accrued to the Company prior to the termination or expiration of this Agreement shall not be affected by such termination or expiration and the Company shall be entitled to enforce such rights, liabilities or obligations against the Users regardless of the same.
13. Limited License and
- The Company grants to the Users a limited license to access and make personal use of the Platform and not download or modify it, any portion of it, or any content, information or data available on it in any manner whatsoever. This license does not include any right to i) resale or commercial use of the Platform or its contents; ii) any collection and use of any listings, descriptions; iii) any derivative use of this Platform or its contents; iv) any downloading or copying of account information for the benefit of another merchant; v) downloading, copying, using, aggregating, reproducing, publishing, modifying, distributing, deleting any data information, data or content without prior consent from the Company or the Users, as the case may be, vi) use of data mining, robots, crawlers or similar data gathering and extraction tools and technologies in any manner or for any purpose whatsoever vii) using the Intellectual Property of the Company without prior consent viii) attempt to decipher, decompile, disassemble, reverse engineer, copy, modify or derive the source code of the Platform ix) promote any products or services on the Platform without the consent of the Company. This Platform or any portion of this Platform shall not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. Users may not use any meta tags or any other "hidden text" utilizing the Company name or its trademarks or other intellectual property without the Company’s express written consent. Any unauthorized or commission of any of the prohibited activities as aforesaid shall entitle the Company to terminate the permission or license granted to the Users by the Company as stipulated herein.
- The responsibility for all the activities in relation to a User account including maintaining the confidentiality of their username the password shall be solely borne by the concerned User and the Company shall not bear any liability or responsibility for any breach in relation to the same. If the User suspects any unauthorized breach or activity on his/her account the User shall promptly notify the Company. The User agrees and acknowledges that any information provided by such User does not infringe the rights of any third-party.
15. Third Party Links
16. Limitation of Liability
- 16.1 The Company makes no representations or warranties of any kind, whether express or implied, with respect to this Platform, its content, or the information available on or through it; they are provided "as is," with all faults. Except as otherwise provided under applicable laws, the Company shall not be liable for any damages whatsoever arising out of or related to the use of this Platform or any other site linked to it. This limitation of liability applies to direct, indirect, consequential, special, punitive or other damages the Users or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if notified in advance of the potential for any such damages.
- 16.2 Notwithstanding anything to the contrary contained herein, the liability of the Company towards any User for any reason or cause whatsoever shall be limited to the registration amount paid by such User, if any, for availing the services available on the Platform during the tenure of membership.
- 17.1 Users shall indemnify and hold harmless the Company and its representatives, affiliates, partners, contractors, officers, directors, employees and assigns against any and all losses, liabilities, damages, costs, claims, damages including legal expenses that may be incurred by the Company as a result of or arising out of a User’s i) breach or violation of the provisions stipulated in these Terms and Conditions ii) breach of any representation or warranty iii) use of the Platform and its content iv) availing the services, features and offerings available on the Platform v) violation of the intellectual property or proprietary right of the Company or any third-party vi) violation of the privacy, confidentiality, information or any other right of the Company or any third-party vii) violation of any applicable laws viii) any act, omission, fraud, misrepresentation on part of the User.
- 17.2 The foregoing right to indemnity shall be in addition to any other right that may be available to the Company in equity or under applicable laws and the indemnity rights shall survive the termination of this Agreement and Users usage of the Platform.
18. Amendment and Waiver
- 18.1 The Company reserves the right to make such changes, amendments, modifications, to this Agreement as it may deem necessary in its discretion from time to time and the decision of the Company shall be final and binding regarding the same. The amended Agreement shall be effective and legally binding from the date it is posted and uploaded on the Platform and the same shall constitute sufficient notice to Users of the same. Users are advised to periodically review the Agreement from time to time so as to keep themselves apprised of all such changes and modifications.
- 18.2 No failure to exercise and no delay in exercising any right or remedy under this Agreement shall operate as a waiver thereof. No waiver or consent hereunder shall be applicable to any events, acts, circumstances except those specifically covered thereby.
- The Parties have not created a partnership and nothing contained in this Agreement shall in any manner whatsoever constitute any Party the partner, agent or legal representative of the other Party, nor create any fiduciary relationship between them for any purpose whatsoever. Neither Party shall have any authority to act for, or to assume any obligations or responsibility on behalf of the other party except as may be, from time to time, agreed upon in writing between the Parties or as otherwise expressly provided herein.
- This Agreement and the rights and obligations stipulated herein are personal in nature to the Users and they shall not be entitled to assign, transfer or subcontract any of their rights and obligations under this Agreement to any other individual or entity except with the prior written consent of the Company. However, nothing contained herein shall preclude the Company from assigning or transferring any of its rights and obligations under this Agreement in its discretion.
- In the event that any provision in this Agreement is found to be invalid or unenforceable, the offending provision shall be severed from the Agreement and the remaining provisions shall continue to be enforceable and operate as originally written.
22. User Disputes
- The Users agree and acknowledge that the disputes between Applicants and any Recruiters arising as a result of any engagement, communication, interaction, transaction herein on the Platform shall solely and exclusively be the responsibility of the concerned Applicant and such Recruiter and the Company shall not bear any liability or responsibility for the same. The Company not in any circumstance whatsoever be a Party to such disputes and is under no obligation to partake in or monitor such disputes.
23. Dispute Resolution
- 23.1 In the event of any claims or disputes between the Parties arising in connection with the execution, interpretation, validity, performance, breach or termination of this Agreement and any of its provisions, wherein such disputed cannot be amicably resolved by the Parties by way of good faith negotiations amongst themselves, all such disputed shall be first submitted for settlement by informal mediation to a panel consisting of one nominee of each Party.
- 23.2 In the event of failure to settle the disputes in accordance with the modes stipulated above within a period of 30 days, all the disputes or differences so arising between the Parties shall in the Company’s discretion be referred to and settled by arbitration in accordance with the provisions of the Arbitration and Conciliation Act 1996. The arbitration shall be conducted by a sole arbitrator appointed by the Company. The Parties shall endeavor to expedite the arbitration proceedings and complete the same at the earliest and shall render full co-operation for the same. The place of arbitration shall be New Delhi. The award given by the arbitrator shall be final and binding on the Parties. The costs pertaining to the arbitration shall be borne by the Parties in accordance with the award passed by the arbitrator.
24. Governing Law
- This Agreement and its provisions shall be construed in accordance with and governed by the laws of India and subject to the exclusive jurisdiction of the courts situated at New Delhi.
- In the event of any queries or grievance, the Users may contact the Company at its corporate office the particulars of which have been provided on the Platform.
26. Entire Agreement
- Except where otherwise expressly provided, this Agreement constitutes the entire agreement and understanding between the Users and the Company with respect to the subject matter contained herein and shall supersede all prior or contemporaneous oral or written agreements or communications pertaining to the same. In case of any inconsistency between the provisions of these Terms and Conditions and any other similar documents or understanding the provisions of this Agreement shall prevail.