Part A: Privacy Statement of Legal Talent Management Private Limited

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1.Security and Confidentiality

 

1.1. Vahura is intently focused on your professional advancement.

We offer Employers and Candidates honesty, experience, commitment and confidentiality. Our legal recruitment specialists are amongst the most experienced in their fields and maintain high standards of professionalism. We offer an in-depth knowledge of the legal recruitment market, extensive client contacts and relationships of trust to help connect Candidates to Employers. As a Vahura candidate, you are certain of the highest levels of confidentiality from us and from our Employer organizations. Our philosophy is to provide integrity, dignity and respect to both Employers and Candidates. We expect no less of you.

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1.2. Vahura assures Employers and Candidates of complete confidentiality while dealing with us.

• We take all reasonable care to protect the confidentiality of our Employers and Candidates.

• We only reveal the identity of an Employer after confirming the suitability of a Candidate.

• We only reveal a Candidate’s details to an Employer after seeking the Candidate's permission

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1.3. To safeguard a Candidate’s confidentiality, Vahura guarantees to:

Contact you directly and not through your assistant or anyone else in your organisation.

• Not discuss your potential candidacy with anyone without your authorization.

• Require Employers to completely safeguard the Candidate’s confidentiality.

• Not contact references provided by you without your explicit permission.

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1.4.        To safeguard the Employer’s confidentiality, Vahura guarantees to:

o Require Candidates to completely safeguard the Employer’s confidentiality.

It is important to understand that you do not become a Candidate for a particular position until Vahura has conducted an initial evaluation of your suitability for the opportunity and unless you express an interest in pursuing the opportunity.

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2    Context

2.1. Who is Vahura?

i.  Legal Talent Management Private Limited (“Vahura”) is a service provider operating primarily in the Indian legal industry that inter alia provides a set of services and web-based technology applications that are intended to connect, through the intermediating services of Vahura, those individuals who are seeking new employment opportunities (“Candidates”) with persons and entities who are looking to hire, retain or otherwise engage any one or more Candidates from time to time (“Employers”). Vahura also provides consulting services to its clients. Vahura is NOT a jobsite where Employers directly receive the applications submitted by the Candidate on the Website. Vahura, as a search firm, will review profiles and applications submitted by the Candidates, and make considered recommendations to Employers.

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ii. Vahura operates this website, www.vahura.com, as well as the associated URLs located at www.vahura.net, www.vahura.co.in and www.vahura.in (together, the “Website”), as an integral part of the web-based technology applications that enable Candidates to connect with Employers, through the intermediating services of Vahura.

 

iii. Vahura can be reached, for all questions and directions related to this privacy policy (“Privacy Policy”), by:

 

a. Sending a letter marked to the attention of Balanand Menon to Legal Talent Management Private Limited, 1210, Remi Commercio, Shaha Industrial Rd, Industrial Area, Mumbai, Maharashtra 400053 or

 

b. Sending an email to balanand@vahura.com.

 

2.2.  Why this Privacy Policy?

 i.   This Privacy Policy is published in compliance of:

 a.    Section 43A of the (Indian) Information Technology Act, 2000;

 b.  Regulation 4 of the (Indian) Information Technology (Reasonable security practices and procedures and sensitive personal information) Rules, 2011 (the “SPI Rules”); and

 c.    Regulation 3(1) of the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011.

ii.   This Privacy Policy states the following:

 a.        The type of information collected from the visitors of the Website and the Candidates, including sensitive personal data or information; 

 b.   The purpose, means and modes of usage of such information; and

 c.   How and to whom Vahura will disclose such information.

 

2.3.  What is personal information?

i.   “Personal information” is defined under the SPI Rules to mean any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available with a body corporate, is capable of identifying such person.

ii.   The SPI Rules further define “sensitive personal data or information” of a person to mean personal information about that person relating to:

a. passwords;

b.         financial information such as bank accounts, credit and debit card details or other payment instrument details;

c.         physiological and mental health condition, medical records;

d.         sexual orientation;

e.         medical records and history;

f.           biometric information;

g.         information received by body corporate under lawful contract or otherwise;

h.         visitor details as provided at the time of registration or thereafter; and

i.           call data records.

iii.         Information that is freely available in the public domain or accessible under the Right to Information Act, 2005 or any other law will not be regarded as sensitive personal data or information.

2.4   Vahura Information:

During the provision of Services, we may collect certain non - personal information or data such as [call notes, meeting notes, assessment information, background/reference check information, internal system information and tags] through our independent assessment and/or research (“Vahura Information”). Vahura Information, by itself or in combination with any other information or data, does not permit the identification of individual persons. Vahura Information will not contain any personal and/or sensitive personal information and will be retained indefinitely solely for internal records purposes.

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3.         Privacy Statements

3.1.    All Visitors and Candidates Note:

i.          This section applies to all visitors and Candidates (“Users”).

ii.          Accordingly, a condition of each User’s use of and access to the Website and to the other services provided by Vahura to Employers and Candidates (together with the Website, the “Services”) is their acceptance of the terms of use located at Part C below, which also involves acceptance of the terms of this Privacy Policy. Any User that does not agree with any provisions of the same is required to leave the Website immediately.

iii.         It is not compulsory for any User to provide any information (including Candidate Information as defined below) to Vahura, even if Vahura specifically solicits such information, whether on this Website or otherwise. Furthermore, every User has the option at any time, whether while availing the Services or otherwise, to withdraw any consent given by such User to Vahura in respect of Vahura’s use, storage, disclosure or transmission of such information. Such withdrawal of the consent must be sent in writing to Vahura. In every case of a User not providing or later on withdrawing his or her consent, Vahura shall have the option not to provide any Services for which the said information was sought by Vahura.

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iv.        The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by Vahura and its service providers for the technical administration of the Website, research and development, and for User administration. These cookies are intended to be automatically cleared or deleted when the User quits the browser application. All Users are, however, encouraged to use the “clear cookies” functionality of their browsers to ensure such clearing / deletion, since it is impossible for Vahura to guarantee, predict or provide for the behaviour of every User’s equipment.

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v.          The Website may enable Users to communicate with other Users or to post information to be accessed by others, whereupon other Users may collect such data. Vahura hereby expressly disclaims any liability for any misuse of such information that is made available by visitors in such a manner.

 

vi.         Vahura does not collect information about the visitors of the Website from other sources, such as public records or bodies, or private organisations, save and except for the purposes of background screenings of the Candidates (the collection, storage and disclosure of which each Candidate must agree to under the Terms of Use in order for Vahura to effectively render the Services).

 

vii.        Vahura does not knowingly collect personal data from children.

 

viii.       Vahura has implemented Indian legal industry standard security policies, rules and technical measures to protect the personal data that it has under its control from unauthorised access, improper use or disclosure, unauthorised modification and unlawful destruction or accidental loss.

 

ix.         Vahura will not disclose any personal information or data to governmental institutions or authorities unless such disclosure is requisitioned under any Indian law or judicial decree.

 

x.          Upon request, which any visitor can indicate by sending an email to legal@vahura.com, Vahura will provide every User with a readable copy of the personal data which it keeps about such User, although Vahura may require proof of identity prior to such request. As such information is otherwise available on the “Profile” section, Vahura may levy fees for the provision of such information under such special requests.

 

xi.         Vahura will address any discrepancies and grievances of all Users with respect to processing of information in a time bound manner. For this purpose, Vahura has designated Mr. Balanand Menon as the Grievance Officer, who will redress the grievances of the Users expeditiously but within one month's from the date of receipt of grievance, and who can be reached by:

 

a.          Sending a letter marked to the attention of Balanand Menon to Legal Talent Management Private Limited, 1210, Remi Commercio, Shaha Industrial Rd, Industrial Area, Andheri West, Mumbai, Maharashtra - 400053.

 

b.      Sending an email to balanand@vahura.com.

 

3.2.    Casual Visitors Note:

 

i.      No sensitive personal data or information is automatically collected by Vahura from any casual visitors of this Website, who are merely perusing the site.

 

ii.           Nevertheless, certain provisions of this Privacy Policy are applicable to even such casual visitors, and such casual visitors are also required to read and understand the privacy statements set out herein, failing which they are required to leave this Website immediately.

 

iii.         If you, as a casual visitor, have inadvertently browsed any other pages of this Website prior to reading the privacy statements set out herein, and you do not agree with the manner in which such information is obtained, stored or used, merely quitting this browser application should ordinarily clear all temporary cookies installed by Vahura. However, all visitors are encouraged to use the “clear cookies” functionality of their browsers to ensure such clearing / deletion, as Vahura cannot guarantee, predict or provide for the behaviour of the equipment of all the visitors of the Website.

 

iv.         You are not a casual visitor if you have willingly submitted any personal data or information to Vahura through any means, including email, post or through the registration/application creation and submission process on the Website. All such visitors will be deemed to be, and will be treated as, Candidates for the purposes of this Privacy Policy, and in which case, all the statements in this Privacy Policy apply to such persons.

 

v.   The User may avail other services such as subscribing for Vahura’s newsletter and registering themselves for events organized by Vahura through the Website. In order to avail such services, the User shall be required to provide basic information such as name, email address, contact details, location and designation. Such information is collected to personalize all communications that are sent to the User by Vahura.

 

3.3.    Candidates Note:

 

i.            As part of the registration/application creation and submission process that is available to Candidates on this Website, certain information, including sensitive personal data or information is collected from the Candidates.

 

ii.           All statements in this Privacy Policy shall apply to all Candidates, and all Candidates are therefore required to read and understand the privacy statements set out herein prior to submitting any sensitive personal data or information to Vahura, failing which they are required to leave this Website immediately.

 

iii.         If you have inadvertently submitted any such information to Vahura prior to reading the privacy statements set out herein, and you do not agree with the manner in which such information is collected, stored or used, then you may send an email to legal@vahura.com, requesting for edition or deletion of such information submitted by you on Vahura’s Website. All such requests will be acted only upon receipt of such written request to Vahura.

 

iv.         Vahura only uses the personal data or information collected from Candidates in the manner set out in the section relating to “Recruitment Process” below. Vahura may also use such information in an aggregated or non-personally identifiable form for research, statistical analysis and business intelligence purposes, and may sell or otherwise transfer such research, statistical or intelligence data in an aggregated or non-personally identifiable forms to third parties and affiliates. If Vahura wishes to use any Candidate’s personal data for a new purpose, it will seek such Candidate’s permission before doing so.

 

v.    Vahura allows every Candidate to challenge the data that Vahura holds about such Candidate and every Candidate may have the data erased, rectified, amended, or completed, per their wishes.

 

vi.         All Vahura employees and data processors, who have access to, and are associated with the processing of sensitive personal data or information, are obliged to respect the confidentiality of every Candidate’s sensitive personal data and information.

 

4.         Recruitment Process

 

4.1.     As part of the recruitment process, Vahura collects the following personal information from Candidates:

 

i.           Vahura collect the following information through the application submission process on the Website:

 

a.         Name

b.         Username

c.         Password

d.         Email ID

e.         Phone number

f.          Current location

g.         Location preference

h.         Law School/Universities

I.           Year of law graduation

j.           Total years of experience

k.         Current employer

l.          Current Employer type

m.        Current Designation

n.         Primary Practice Area

o.         Secondary Practice Area

p.         Current Fixed CTC

q.         Variable CTC

r.           Desired Increment

s.         Whether enrolled with the Bar, and if Yes, the year of such   enrolment

t.           Whether the Candidate is a CA or a CS

u.         Any other qualifications

v.          Key Skills

w.        Other details as the Candidate may Volunteer.

 

ii.          Candidates are permitted to upload their resume on the Website. If a Candidate emails or posts his / her resume to Vahura, then such information shall also be added to the information collected by Vahura in connection with the recruitment process relating to such Candidate. However, one or more of the types of information listed in S. 3.1(i) of this Privacy Policy may also be collected by Vahura from a Candidate over the course of its dealings with such Candidate, including during the interviews and background screenings the Candidates. Vahura also collects information about Candidates from other sources, such as public records or bodies, or private organisations, for the purposes of background screenings of the Candidates.

 

iii.          Any Candidate that does not approve of Vahura conducting background screenings of such Candidate, has an option to instruct Vahura not to conduct such background screenings. Furthermore, every Candidate has the option at any time, whether while availing the Services or otherwise, to withdraw any consent given by such Candidate to Vahura to conduct any background screenings, or in respect of Vahura’s use, storage, disclosure or transmission of any information resulting from such background screenings. Such withdrawal of the consent must be sent in writing to Vahura. In every case of a User not providing or later on withdrawing his or her consent, Vahura shall have the option not to provide any Services for which the said information was sought or collected by Vahura.

 

4.2.     All the information listed in S. .1(i) and listed in S. 3.1(ii) of this Privacy Policy (“Candidate Information”) is maintained by Vahura in electronic form on its equipment, and on the equipment of its employees. Candidate Information may also be converted to physical form from time to time. Regardless of the manner of storage, Vahura will keep all Candidate Information confidential, and will only disclose Candidate Information in the following manner:

 

i.           Vahura makes all Candidate Information accessible to its employees only on a need-to-know basis, and binds all such employees to strict confidentiality obligations.

 

ii.          Each time a Candidate’s profile matches an Employer’s requirements, Vahura will inform that Candidate about such details of the opportunity and the Employer as Vahura may deem fit.

 

iii.         If the Candidate is interested in the opportunity, Vahura seeks the Candidate’s permission to disclose Candidate Information to the Employer. If the Candidate expressly consents to such disclosure, all Candidate Information available with Vahura is disclosed to the Employer.

 

iv.         In such cases, Vahura typically communicates directly with the relevant decision makers of the Employer, and only discloses Candidate Information with other constituents of the Employer on a strictly need-to-know basis.

 

v.          In cases where Candidates are interested in opportunities outside India, Vahura will need to disclose Candidate Information (in whole or part) with its recruiting partners in other countries. Such disclosures will also only take place with the Candidate’s written consent.

Part B: Specific Terms in relation to personal data of Users in the European Union (“EU”)

 

1.        LEGAL BASES FOR PROCESSING INFORMATION UNDER THE GDPR (FOR USERS IN THE EU)

 

1.1.   Vahura processes information of Users in the EU in accordance with European laws and regulations such as the General Data Protection Regulation (GDPR). The GDPR governs how Vahura may process your information, and the rights that EU Users have in relation to your information. This means that Vahura will collect and use your information only where:

 

(a)     We need such information to provide you the Service and fulfil our obligations to you under our Terms of Service. This includes the functionalities of the Website and/or Services;

 

(b)     The collection and use of your information is justified because of a legitimate interest such as for research and development or marketing the Services (but only where our legitimate interest isn’t overridden by your interest in protecting your information);

 

(c)      We have obtained your consent for using your information in a certain way;

 

(d)     The collection and use of your information is necessary for compliance with our legal obligations;

 

1.2.   You may withdraw your consent for using your information at any time. Depending on the situation you can either withdraw your consent by writing to legal@vahura.com. Where we are using your information because of a legitimate interest to do so, you have the right to object to that use. However, if you do so, you may not be able to continue using the functionalities of the Website and/or the Services.

 

2.             CROSS-BORDER TRANSFERS OF INFORMATION

 

2.1     In the event we transfer information of Users in the EU to a third party service provider located outside the EU and/or is not subject to an adequacy decision by the EU Commission, we will ensure that:

 

(a)   we obtain your prior consent for such transfer; and

 

(b)  such third party service providers have appropriate safeguards for your information by way of entering into a binding agreement that provides for the same.

 

3.    INFORMATION RETENTION

 

3.1     If you are a User in the EU, on receiving a request to deactivate your account, Vahura will deactivate your account and all Personal Information and Sensitive Personal Information, collected by us, if any, will be destroyed. Non-personally identifiable information of Users in the EU may be retained indefinitely for analytics subject to the same being kept separate from other information including but not limited to unique identifiers, that, in combination with such non-personally identifiable information of the Users, may render the same personally identifiable. As explained in paragraph 2.4 above, Vahura Information will not contain any personal and/or sensitive personal information and will be retained indefinitely solely for internal records purposes.

 

 

4.             RIGHTS IN RESPECT OF YOUR INFORMATION

 

4.1     The laws of some countries grant particular rights in respect of personal information. If you are a User in such jurisdictions, you may have the right to:

 

(a)  Request a copy of your personal information;

(b)  Request that we correct inaccuracies relating to your personal information;

(c)  Request that your personal information be deleted or that we restrict access to it;

(d)  Request a structured electronic version of your personal information; and

(e)  Object to our use of your personal information;

 

4.2     Should you wish to make a request in respect of your personal information please contact us at legal@vahura.com.

 

4.3     In some circumstances Vahura may not be able to comply with a request that you make in respect of your personal information. For example, we may not be able to provide a copy of your personal information where it infringes on the rights of another User. We may also be required to retain certain personal information that you ask us to delete for various reasons, such as where there is a legal requirement to do so.

 

4.4     If we are unable to resolve your request, or if you are concerned about a potential violation, you may be entitled to report the issue or make a complaint to the data protection authority in your jurisdiction.

Part C: Terms of Use of vahura.com and the other Services provided by Legal Talent Management Private Limited

1.         Context

 

1.1.        Who is Vahura?

 

i.           Legal Talent Management Private Limited (“Vahura”) is a service provider operating primarily in the Indian legal industry that inter alia provides a set of services and web-based technology applications that are intended to connect, through the intermediating services of Vahura, those individuals who are seeking new employment opportunities (“Candidates”) with persons and entities who are looking to hire, retain or otherwise engage any one or more Candidates from time to time (“Employers”). Vahura also provides consulting services to its clients. Vahura is NOT a jobsite where Employers will directly receive the applications submitted by Candidates on the Website. Vahura as a search firm will review profiles and applications submitted by the Candidates, and make considered recommendations to Employers.

ii.          Vahura operates this website, www.vahura.com, as well as the associated URLs located at www.vahura.net, www.vahura.in, www.vahura.org, www.lawyersnight.vahura.com together, the “Website”), as an integral part of the web-based technology applications that enable Candidates to connect with Employers, through the intermediating services of Vahura.

1.2.        What is this document?

i.            These terms of use (“Terms of Use”), read together with the Privacy Policy located at Part A above, constitute a legal and binding contract between you the User (whether you are a visitor or a Candidate) of the one part, and Vahura of the other Part (the “Agreement”).

ii.          You must be 18 years of age or older to visit or use the Website in any manner. By visiting the Website or accepting this Agreement, you represent and warrant to Vahura that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and agree to and abide by this Agreement.

iii.         The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but limited to:

a.          the Indian Contract Act, 1872,

b.      the (Indian) Information Technology Act, 2000, and

c.          the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable security practices and procedures and sensitive personal information) Rules, 2011 (the “SPI Rules”) and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).

iv.         A condition of the User’s use of and access to the Website and to the other services provided by Vahura to Employers and Candidates (together with the Website, the “Services”) is the User’s acceptance of this Agreement. Any User that does not agree with any provisions of the same is required to leave the Website immediately and immediately discontinue use of all other Services.

v.           Vahura authorizes the User to view and access the content available on or from the Website solely for the User’s personal use. The contents of the Website such as job postings, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, "Vahura Content"), are the property of Vahura and are protected under copyright, trademark and other laws. The User may not modify the Vahura Content or reproduce, display, publicly perform, distribute, or otherwise use the Vahura Content in any way for any public or commercial purpose or for personal gain.

 

2.        Collection, Use, Storage and Transfer of Personal Information

2.1.    The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are reproduced in the Privacy Policy.

2.2.    The Privacy Policy sets out:

i.           The type of information collected from Users, including sensitive personal data or information; 

ii.          The purpose, means and modes of usage of such information;

iii.         How and to whom Vahura will disclose such information.

2.3.    The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of:

i.           the fact that the information is being collected;

ii.          the purpose for which the information is being collected;

iii.         the intended recipients of the information;

iv.         the name and address of the agency that is collecting the information and the agency that will retain the information; and

v.          the various rights available to such Users in respect of such information.

2.4.     Vahura shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to Vahura or any other person acting on behalf of Vahura 

2.5.     Every Candidate may be subject to background screenings by Vahura on behalf of Employers. Such background screenings involve the collection of information about Candidates from other sources, such as public records or bodies, or private organisations. Every Candidate hereby consents and agrees to the collection, storage and disclosure of such information by Vahura to Employers. The consent and procedure for such background screenings is provided in the Privacy Policy. In every case of a Candidate not providing or later on withdrawing his or her consent, Vahura retains the right not to provide any Services for which the said information was sought or collected by Vahura.

2.6.     The other information collected by Vahura from Candidates as part of the recruitment process is described in the Privacy Policy. The consent and revocation procedures in relation to the same are set out in the Privacy Policy.

  

3. Candidate Details and Submission

3.1.  The Candidate shall be solely responsible for his/her information, resume, content, messages or other information ("Candidate Details") that he/she submits, publishes or displays on the Website. By posting such Candidate Details on the Website, the Candidate automatically grants to Vahura an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such details and to prepare derivative works of, or incorporate into other works such Candidate Details, and to grant and authorize sublicenses thereof.

 

3.2 Candidates shall be able to browse through the ‘Jobs’ page of the Website and search for suitable jobs and positions. Candidates may thereafter apply for a particular job by uploading the relevant information for the particular job. The Candidate Details shall be  viewed only by Vahura and the same shall not be directly viewed/accessed by the Employer, unless such Candidate details are shared by Vahura while making considered recommendations to an Employer. It is agreed and understood by the Candidate that registering and applying for a particular job does not guarantee that they shall be granted the particular job or receive a ‘call-back’ or ‘interview’ with respect to the particular job. A call back from Vahura will depend on whether the Candidate Details and the resume matches the requirement of the particular job.

 

4.         Covenants

4.1.     Vahura does not ordinarily charge the User any fees for the Services – it normally receives all monetary consideration from the Employers. However, Vahura may, in certain cases, charge fees for certain specific services like resume preparation, counselling or bespoke consulting. In such cases, the charges would be discussed and agreed upon with the Candidates prior to such services being rendered.

4.2.     As mandated by Regulation 3(2) of the IG Rules, Vahura hereby informs the User that the User is not permitted to host, display, upload, modify, publish, transmit, update or share any information that:

i.           belongs to another person and to which the User does not have any right to;

ii.          is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

iii.        harm minors in any way;

iv.        infringes any patent, trademark, copyright or other proprietary rights;

v.         violates any law for the time being in force;

vi.        deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

vii.       impersonate another person;

viii.      contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

ix.         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 cognisable offence or prevents investigation of any offence or is insulting any other nation.

 

4.3.    The User is also prohibited from:

i.           violating or attempting to violate the integrity or security of the Website or any Vahura Content;

ii.          transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by Vahura;

iii.         intentionally submitting to the Website any incomplete, false or inaccurate information;

iv.         making any unsolicited communications to other users;

v.          using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;

vi.         attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;

vii.       copying or duplicating in any manner any of the Vahura Content or other information available from the Website;

viii.      framing or hotlinking or deeplinking any Vahura Content.

 

4.4.     Vahura, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned in S. 4.2 above, shall be entitled to disable such information that is in contravention of S. 4.2. Vahura shall be entitled to preserve such information and associated records for at least ninety days for production to governmental authorities for investigation purposes.

 

4.5.     In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, Vahura has the right to immediately terminate the access or usage rights of the User to the Services and to remove noncompliant information.

 

4.6.     Where the User is interested in opportunities outside India, Vahura will need to disclose Candidate Information (as defined in the Privacy Policy) with its recruiting contacts in other countries. Such disclosures will only take place with the User’s written consent. The SPI Rules only permit Vahura to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by Vahura as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between Vahura or any person on its behalf and the User or where the User has consented to data transfer. Therefore, in certain cases, Candidates may be requested by Vahura to directly transmit Candidate Information to such recruiting contacts of Vahura. In all such cases:

 

i.           The User must keep Vahura informed on all correspondence with such recruiting contacts;

ii.          The User understands that each recruiting contact and Vahura are independent contractors vis-à-vis each other, and are not agents or partners or in a joint venture or profit sharing relationship vis-à-vis each other; and

iii.         The User shall not hold Vahura responsible or liable in any way for any acts or omissions by such recruiting contacts.

4.7.   The Candidate hereby agrees and acknowledges that, Vahura’s liability or responsibility towards the Candidate shall cease to exist upon the successful placement of such Candidate with an Employer.

 

5.         PAYMENTS AND PRICING

5.1.     Please note that the credit card / debit card / net banking payment gateway is maintained, operated and processed by the online payment gateway services provider(s) (“OPGSPs”) engaged by the Company. You agree and acknowledge that the Company bears no responsibility for payment made by credit card /debit card /net banking to avail the Service(s) through the Website. Further, You hereby agree to comply with any other additional terms and conditions that may be prescribed by the OPGSPs for processing the online payments made by You on the Website. The Company is not liable for any actions under this payment mechanism.

5.2.     You understand, accept and agree that the payment facility provided by the Company is neither a banking nor financial service. You further agree that while availing any of the payment options as specified above, We will not be responsible or assume any liability whatsoever in respect of any loss or damage arising directly or indirectly to You due to: (a) lack of authorization for any transactions; or (b) any payment issues arising out of the transaction; or (c) decline of such transaction for any reason.

5.3.     You agree, understand and confirm that the credit card / debit card / net banking details provided by You for availing of the Service(s) through the Website shall be correct and accurate and You shall not use the credit card / debit card / net banking account which is not lawfully owned by You, i.e. in a credit card / debit card / net banking transaction, You must use Your own credit card / debit card / net banking account. You further agree and undertake to provide the correct and valid credit card / debit card / net banking account. Further, the said information will not be utilised and shared by Vahura with any third parties unless required for fraud verifications or by law, regulation or court order. Vahura shall not be liable for any credit card / debit card / net banking account fraud. The liability for use of a credit card / debit card / net banking account fraudulently shall be on You and the onus to “prove otherwise” shall be exclusively on You.

5.4.     Vahura has exercised due care and attention to ensure accurate description and pricing of Services that are being offered through the Website. However, despite Our best efforts, certain Services offered via the Website may be mispriced or the description of the Service(s) may be inaccurate. Vahura does not and cannot confirm the price of the Service(s) until You place an order to avail such Services through the Website. In the event, the Services offered via the Website are mispriced or the description of the Services is inaccurate, Vahura shall have the right, at its sole discretion, to refuse or cancel any orders placed by You for such Service(s). In the event the Service(s) are incorrectly priced, Vahura may, at its discretion, either contact You for instructions or cancel Your order and notify You of such cancellation. Vahura shall have the right to modify the price of such Service(s) at any time at its sole discretion and contact You for further instructions using the e-mail address provided by You while registering onto the Website or cancel the order and notify You of such cancellation. Vahura shall not be liable at any time for any such error or omission with regard to the pricing and/or description of the Services offered via the Website.

5.5.     Prices for Services displayed on Our Website are provided in Indian rupees. The pricing and/or availability of Services shall be subject to change at the sole discretion of Vahura, without providing any notice to the Users.

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6.         FRAUDULENT OR DECLINED TRANSACTIONS

6.1.     Vahura reserves the right to recover the cost of the Service(s), collection charges and attorney fees (in the event a claim is being made against the Company) from You if You are found using a credit card / debit card / net banking account or any means of payment fraudulently. In such an event, Vahura reserves the right to initiate legal proceedings against You for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these Terms of Use. You shall be liable to indemnify Vahura against any costs, damages, claims or other demands in relation to violation of any of Your obligations under the Terms of Use. Please note that all payments shall become due and payable on placing the orders.

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7.         REFUND POLICY

7.1.     Amount once paid through OPGSPs shall not be refunded except in case of multiple times debiting of a User’s Card/Bank Account due to a technical error OR User’s account being debited with excess amount in a single transaction due to a technical error. In such cases, the aggrieved User will have to make an application to the Grievance Officer for refund along with the transaction number and original payment receipt if any, generated at the time of making payments. The application will be processed manually. If after verification, the claim is found valid, the amount received in excess will be refunded within a period of 10 (ten) working days.

 

8.         Liability

 

8.1.     Vahura shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by the Users as a result of any disclosures made by Vahura, where the User has consented to the making of disclosures by Vahura. If the User had revoked such consent under the terms of the Privacy Policy, then Vahura shall not be responsible or liable in any manner to the User for any losses, damage, injuries or expenses incurred by the User as a result of any disclosures made by Vahura prior to its actual receipt of such revocation.

 

8.2.     The User shall not hold Vahura responsible or liable in any way for any disclosures by Vahura under Regulation 6 of the SPI Rules.

8.3.     Vahura does not provide or make any representation as to the quality, accuracy, bona fides or general or specific nature of any opportunity or Employer, or any other representation, warranty or guaranty, express or implied. It is the User’s responsibility to ensure the suitability and fitness of the opportunities and Employers introduced to the User by Vahura. Vahura, to the fullest extent permitted by law, disclaims all liability arising out of the User’s use or reliance upon the Services and the Vahura Content.

8.4.     Vahura's maximum liability arising out of or in connection with any Vahura site or the User’s use of the Vahura content, regardless of the cause of action (whether in contract, tort, breach of warranty or otherwise), will not exceed Rs. 1000.

8.5.  In the event an Employer makes a claim against Vahura for any loss or damages arising due to the provision/submission of false/incorrect Candidate Details or voluntary misrepresentation of his/her Candidate Details by the Candidate, such Candidate shall be liable to indemnify Vahura for any and all losses incurred by Vahura (including legal costs and expenses) due to such claims made by the Employer.

 

9.         Term, Termination and Disputes

 

9.1.     This Agreement will remain in full force and effect while the User is a user of the Website in any form or capacity.

9.2.     Vahura reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of the User’s content from the Website and  deny  access to such Users to the Website and such other Services, upon any breach by the User of this Agreement or if Vahura is unable to verify or authenticate any information the User submits to Vahura, or if the User fails to provide (or after providing such consent, later revokes) the consents necessary or desirable for Vahura to provide the Services to the User or the Employers. 

9.3.  All disputes will be subject to arbitration in Bangalore in English by a single arbitrator appointed by Vahura under the Arbitration and Conciliation Act, 1996