Terms of Service

ACCESS TO THE SERVICE

Zwayam Digital will endure to ensure that the Service is available throughout the period the Service is subscribed to. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment. Every reasonable step will be taken by Zwayam Digital to minimize such disruption where it is within Zwayam Digital’s reasonable control. YOU AGREE THAT Zwayam Digital WILL NOT BE LIABLE IN ANY EVENT TO YOU OR ANY OTHER PARTY FOR ANY SUSPENSION, MODIFICATION, DISCONTINUANCE OR LACK OF AVAILABILITY OF THE SERVICE OR OTHER CONTENT. Zwayam Digital retains the right to create limits on use and storage with respect to the Service in its sole discretion at any time with or without notice.

Subscriber certifies to Zwayam Digital that Subscriber is eligible to enter into this agreement. Subscriber also certifies that it is legally permitted to use the Service, and takes full responsibility for the selection and use of the Service. This Agreement is void where prohibited by law, and the right to use the Service is revoked in such jurisdictions. Subscriber shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to and use the Service, including, without limitation, modems, hardware, software, and long distance or local telephone service. Subscriber shall be responsible for ensuring that such equipment or ancillary services are compatible with the Service.

GENERAL TERMS

When signing up for the Service, you must provide all information as requested (company name, work email etc.)in order to complete the signup process. When signing up for a paid account, or upgrading a free account to a paid account, you must provide all information as requested, your correct billing information, and any other information requested in order to complete the signup or upgrade process.

In addition the following terms also apply: You must be eligible to enter into this agreement and to use this Service. Accounts registered or automated login attempts by "bots" or other automated methods are not permitted. You are responsible for maintaining the security of your account and password. Zwayam Digital cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

You are responsible for all Subscriber Content (as defined hereafter) posted and activity that occurs through or under your account (even when Subscriber Content is posted by others). Any fraudulent, abusive or authorized activity may be grounds for termination of Subscriber's right to Service or to access the Site and may be grounds for potential liability against Subscriber. Subscriber may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user. Subscriber shall not share his or her password with any other person or entity; violation of this provision will be a material breach of this Agreement and may result in immediate cancellation of the Subscriber's account. Subscriber agrees to notify Zwayam Digital immediately of any actual or suspected loss, theft, or unauthorized use of Subscriber's account or password. Failure to do so shall constitute a material breach of this Agreement, which may result in immediate termination of Subscriber's account.

One person or legal entity may not maintain more than one free account. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws of your jurisdiction (including but not limited to copyright laws). You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Zwayam Digital., or any other Zwayam Digital service.

You may not resell the Service to any third party as a private label or with the inclusion of a mark-up fee without the expressed written consent of Zwayam Digital. Violation of any of the terms of this Agreement may result in the termination of your account and your access to the Service. While Zwayam Digital prohibits certain conduct and content on the Service, you understand and agree that Zwayam Digital cannot be responsible for the Subscriber Content posted on the Service and you nonetheless may be exposed to such materials, which you may find objectionable. You agree to use the Service at your own risk. Zwayam Digital reserves the right to refuse Service to anyone, or cancel an account, for any reason at any time.

SUBSCRIBER CONTENT STORAGE AND RETRIEVAL

The Service may only be used to transmit and store files associated with the process of hiring a candidate, job descriptions and comments with respect to the foregoing (all of the foregoing referred to herein as "Subscriber Content"). You may not upload advertisements or any other materials that do not fall within the definition of "Subscriber Content" or transmit unsolicited information, materials or data (including, without limitation, "spam" messages).

You understand that the Service can be used for transmission of your Subscriber Content, and that during processing, your Subscriber Content may be transferred unencrypted over the internet, and you consent to such unencrypted transmission.

You must not transmit any worms or viruses or any code of a destructive nature or that attempts to automatically gather information from the screen (screen scraping). You may not use automated systems ("bots") to upload multiple streams of data at once. If your bandwidth usage is excessive (as determined solely by Zwayam Digital.), in order to protect the responsiveness of the service for all Subscribers, we reserve the right to throttle your usage or disable your account until you can reduce your bandwidth consumption.

QUALITY OF SERVICE & GENERAL CONDITIONS

While Zwayam Digital will work to respond to all incoming support requests within 24 hours, there is no agreement to respond within a certain period of time.

You understand that Zwayam Digital uses third party vendors (hereinafter referred to as the "Vendors") and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. The provision of service by Zwayam Digital may be affected by the Vendors capabilities.

Verbal, physical, written or other abuse (including threats of abuse or retribution) with respect to any Zwayam Digital customer, employee, member, director, officer or vendor will result in immediate account termination.

WARRANTY DISCLAIMER

Subscriber acknowledges that Zwayam Digital has no control over, and no duty to take any action regarding: which Content (as defined hereafter) Subscriber accesses via the Site; what effects the Content may have on Subscriber; how Subscriber may interpret or use the Content; or what actions Subscriber may take as a result of having been exposed to the Content. Subscriber releases Zwayam Digital from any and all liability for Subscriber having acquired, used, relied on, acted upon (or not acquired) Content obtained or obtainable through the Site. Zwayam Digital makes no representations or warranties concerning any content contained in or accessed through the Site, and Zwayam Digital will not be responsible or liable for the accuracy, completeness, copyright compliance or legality of material or Content contained in or accessed through the Site.

THE SERVICES, CONTENT AND SITE ARE PROVIDED ON AN "AS IS" AND ''AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. Zwayam Digital MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE OR THE SERVICES, INCLUDING ANY REPRESENTATION OR WARRANTY THAT THE USE OF THE SITE OR SERVICES WILL (A) BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) BE FREE FROM ERRORS OR THAT DEFECTS WILL BE CORRECTED, (D) BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS (E) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (F) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

TO THE FULLEST EXTENT ALLOWED BY LAW, Zwayam Digital DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS, LEGALITY OR OPERABILITY OF THE CONTENT, MATERIAL AND/OR SERVICES PROVIDED ON THIS SITE. BY USING THIS SITE, YOU ACKNOWLEDGE THAT Zwayam Digital IS NOT RESPONSIBLE OR LIABLE FOR ANY HARM RESULTING FROM (1) USE OF THE SITE; (2) THE TEMPORARY OR PERMANENT INABILITY TO ACCESS OR RETRIEVE ANY CONTENT FROM THE SITE AND (3) DOWNLOADING INFORMATION CONTAINED ON THE SITE; INCLUDING, WITHOUT LIMITATION, HARM CAUSED BY VIRUSES, WORMS, TROJAN HORSES, OR ANY SIMILAR CONTAMINATION OR DESTRUCTIVE PROGRAM.

LIMITATION OF LIABILITY

You expressly understand and agree that Zwayam Digital and its directors, officers, employees, agents and members shall not be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Zwayam Digital has been advised of the possibility of such damages), whether sounding in contract, tort, strict liability, warranty or other legal or equitable theory, resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) for any amounts that exceed the fees paid by you to Zwayam Digital under this Agreement during the Three (3) month period prior to the occurrence giving rise to your claim or cause of action against Zwayam Digital.; (vi) or any other matter arising out of or relating to the Service or your use thereof (including but not limited to security breaches relating to data stored in connection with the Service). The limitations specified in this Section will survive termination or expiration of this Agreement and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.

INDEMNIFICATION

You agree to indemnify and hold harmless Zwayam Digital., its contractors, and licensors, and their respective directors, officers, employees, members, shareholders and agents from and against any and all claims, liabilities, losses, actions, causes of action, demands, costs and expenses, including but not limited to attorneys' fees, arising out of your use of the Service (or any third party using Subscriber's account), your violation of this Agreement, or infringement of any intellectual property or other right of any person or entity in connection with the Service or your use thereof. The terms specified in this Section will survive termination or expiration of this Agreement.

MODIFICATION TO SERVICE

Zwayam Digital reserves the right at any time or periodically to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Prices of all Service, including but not limited to annual subscription plan fees to the Service, are subject to change upon 30 days' notice from us. Such notice may be provided at any time by posting the changes to Zwayam Digital Web Site or the Service itself. Zwayam Digital shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

EXTERNAL JOB BOARDS AND OTHER VENDORS

The Service may contain links to other websites and vendors. Any such links to other web sites do not represent an endorsement, sponsorship, or approval of the material on and/or generally of such Website. Such other websites are not within the supervision or control of Zwayam Digital or the Site. Unless explicitly otherwise provided, neither Zwayam Digital nor the Site make any representation or warranty whatsoever about any third party site that is linked to the Site, or endorse the products or services offered on such site. Zwayam Digital and the Site disclaim: (a) all responsibility and liability for content on third party websites and (b) any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against the Site or Zwayam Digital., and its directors, officers, employees, agents and members with respect to such sites and third party content.

Zwayam Digital assumes no liability for loss or damage as the result of the incorrect presentation of information, including prices and ratings, on any screen that results in a transaction of any kind, with a vendor found through using the Service.

Zwayam Digital provides no warranty or guarantee that you will receive the same results as shown in the aggregated data presented on job boards or any other rating system found in the Service.

PAYMENTS

Use of the service is free during your trial period, as well as when using the Free Plan. The Service is charged in advance, by default on an annual basis and is non-refundable. There will be no refunds for partial terms (month, quarter, half-year, year) of service, upgrade/downgrade refunds, or refunds for terms unused unless outlined in a separate Subscription Agreement.

All fees are exclusive of all taxes, levies, or duties that are mandated by the law, and you shall be responsible for payment of all such taxes, levies, or duties.

CANCELLATION AND TERMINATION

Zwayam Digital., in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account and your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Zwayam Digital reserves the right to refuse service to anyone for any reason at any time.

COPYRIGHT AND CONTENT OWNERSHIP

The Site and its contents are intended solely for the use of Zwayam Digital's Subscribers and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Site, including, but not limited to text, data, information, graphics, logos, tools, photographs, images, illustrations, audio, video and animations ("Site Content") are the property of Zwayam Digital and/or third parties and are protected by copyright laws. All trademarks, service marks, and trade names are proprietary to Zwayam Digital and/or third parties. Subscriber shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Service. Site Content and Subscriber Content are referred to collectively as "Content."

The Site is protected by copyright pursuant to international conventions, and other copyright laws. Except as explicitly permitted in the next paragraph of this Agreement, Subscriber may not copy, modify, publish, transmit, upload, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, any of the Site Content, software, materials, or Service in whole or in part.

Subscriber may download or copy the Site Content for his, her or its individual use only and not for any other person or entity, and provided that Subscriber maintains all copyright and other notices Contained in such Site Content. Subscriber may not make multiple copies of the Site Content or otherwise distribute or transmit such Site Content to any other person or entity.

Subscriber acknowledges and agrees that if Subscriber uses any part of the Service to contribute Subscriber Content, Zwayam Digital will have a non-exclusive, perpetual, worldwide, royalty-free, freely transferable right, under all of Subscriber's intellectual property rights, to copy, cache, publish, display, perform, distribute, translate and store such Subscriber Content and to allow others to do so. Subscriber warrants, represents and agrees Subscriber has the right to grant Zwayam Digital and the Site the rights set forth above. Subscriber represents, warrants and agrees that it will not contribute any Subscriber Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless Subscriber owns the trade secret or has the owner's permission to post it, (c) infringes any intellectual property right of another or on the privacy or publicity rights of another, (d) is libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) contains a virus, Trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or (f) remains posted after Subscriber has been notified that such Subscriber Content violates any of sections (a) to (e) of this sentence. Zwayam Digital reserves the right to remove any Subscriber Content from the Site, suspend or terminate Subscriber's right to use the Service at any time, or pursue any other remedy or relief available to Zwayam Digital and/or the Site under equity or law, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Subscriber Content or if Zwayam Digital is concerned that Subscriber may have breached the immediately preceding sentence), or for no reason at all.

Zwayam Digital does not pre-screen Subscriber Content, but Zwayam Digital and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.

PROMOTIONS AND MARKETING

This service is intended to provide you with a publicly available list of jobs, and therefore your usage of this service is not intended to be private. Unless expressly prohibited in writing or electronically by you, you agree that Zwayam Digital can use your brand identity, organization or company name and mention your usage of this Service in press releases, interviews, promotional materials, sales sheets, presentations, websites and other self-promotional channels. You also agree that a "powered by Zwayam Digital" graphic or text link can be included with your job listings.

PRIVACY POLICY

Please review our Privacy Policy, which governs the use of personal information on the Site and in connection with the Service, and to which Subscriber agrees to be bound as a condition of this Agreement and use of the Site and Service.

ELECTRONIC DELIVERY POLICY

You agree that we may provide to you required notices, agreements and other information concerning the Service electronically. By using the Service you also agree that Zwayam Digital is not responsible for valid charges incurred as the result of failed electronic delivery of email messages to the address you provide, either by the fault of Zwayam Digital or another third party.

RESOLUTION OF DISPUTES

Any disputes arising out of the use of the Service shall be governed by and construed in accordance with the laws of India and the courts in Bengaluru, without regard to any conflict of laws principles, and any proceedings shall solely be brought in the state of Karnataka and courts located in Bengaluru. You consent to the exclusive jurisdiction of and venue in such courts. You also acknowledge and agree that the venue provided for herein is the most convenient forum for both you and Zwayam Digital and waive any objection to jurisdiction and/or venue and any objection based on a more convenient forum in any action between you and Zwayam Digital (and/or its officers, directors, employees, members and agents) and/or otherwise in connection with the Service. Any dispute, controversy or difference (Dispute) arising out of or relating to this Agreement, shall be resolved by arbitration under the Arbitration and Conciliation Act, 1996 by an arbitrator mutually appointed by both parties. Either party may refer the Dispute to arbitration by a notice to the other party. The venue of such arbitration shall be Bangalore and the arbitration shall be conducted in the English language

MISCELLANEOUS

This Agreement (including the Privacy Policy), as modified from time to time, constitutes the entire agreement between you and Zwayam Digital. With respect to the subject matter hereof and supersedes any and all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Zwayam Digital shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Zwayam Digital’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement will be binding upon, and inure to, the benefit of each party and such party's heirs, representatives, successors and assigns; provided, however, that this Agreement is not assignable, transferable or sub licensable by or through Subscriber except with Zwayam Digital’s prior written consent. Zwayam Digital may assign this Agreement in whole or in part at any time without Subscriber's consent. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Subscriber does not have any authority of any kind to bind Zwayam Digital in any respect whatsoever. Questions about the Terms of Service should be sent to support@zwayam.com