In terms of Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.
The website itsyourskills.com, its web applications and related services, is the property of 3D Talent Services Private Ltd, a Company incorporated under the Companies Act, 1956, with its Registered Office at 667/1, 47th Street, 9th Sector, K.K. Nagar, Chennai – 600 078.
- “You” or “User” shall mean any natural or legal person who has agreed to become a member on the Website by providing registration data while registering on the Website, uses the Software by providing Registration Data while registering for the software / website, uses the website, provides skills through the Skills Profile Engine API or the applications built on it, or any person who browses the site.
- “We”, “Us”, “Our” means 3D Talent Services Private Ltd.
- “Content” means the text, documents, information, data, articles, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are available on the Site.
- “Content” also includes Marks, and generally all information that is displayed to the user on the website.
- “Mark” means trademark, trade name, service mark, trade dress, logo, custom graphics or icon.
- “Member” means an individual who has registered with the Site. Members choose a Member ID and a password.
- “Member ID” means the email address you use (with your password) to login to our Site.
- “Recruiter / Vendors” means licensors, suppliers, information providers, Companies, firms, natural and juristic persons, and other vendors operating through the website, obtaining information through the website or otherwise related to the entity owning itsyourskills portal.
- The terms Site, Marks, Content and Services do not include the sites, marks, content, or services that are available through a link from the Site. Their use is subject to the terms set forth by their respective owners or operations, on the third party’s website.
- “Site” means www.itsyourskills.com, its respective sub-sites, together with the respective Content, Marks, Products and Services available from these sites and sub-sites.
- “Employment” means any employment obtained by the user through the site, regardless of the terms, nature or duration of such employment. It is hereby specified that consulting services / freelance services / independent contractor services shall, for the purposes of these and other terms, be deemed to come under the purview of employment.
Itsyourskills offers web tools, applications and platforms revolving around:
(i) mapping and measuring of skills;
(ii) recruitment and development of skills; and
(iii) Offering of services related to recruitment and development of skills.
The use of this software is available only to designated users who have registered by providing a set of secure log in credentials. To become a registered Member, you are required to answer a limited number of mandatory questions. Answers to additional questions are optional. You represent and warrant that all information supplied to us about yourself and others, is true and accurate.
Minors and individuals not competent to Contract (as defined under the laws of their jurisdiction or residence), are not eligible to register for, use the services of or apply for jobs available on the Site. Notwithstanding the aforementioned, it is hereby specified that the usage of the site and its services by any individual below the age of thirteen years is strictly prohibited.
The Product ‘itsyourskills’ itself is hosted on www.itsyourskills.com which consists of all the details about the features, utilities and functionality of the product along with access entry log in portal.
As a designated user, You are solely responsible for protecting the confidentiality of your username and password and any activity under the account will be deemed to have been done by you. In the event you provide us with false and inaccurate details or We have reasons to believe so, We hold the right to permanently suspend your account.
The Website is a platform that Users utilize to meet and interact with one another and Vendors / Recruiters for their transactions. We act as aggregators who display to you the vendors and recruiters best suited to your needs, based on the skills you have provided to us / updated on the site / updated on the Skills Profile Engine API, or applications built on it. However, should you choose to proceed with a vendor / recruiter displayed / identified by us, we are not a party to such interaction and take no liability that arises from any such communication.
1. All communication which inter alia includes the employment, its terms, your obligations, the vendor’s obligations, etc. is the outcome of the communication between the vendor / recruiter and You. We do not have any control over such information and play no determinative role in the finalization of the same and hence do not stand liable for the outcomes of such communication.
2. We do not endorse any of the vendors / recruiters displayed to you on the website, nor place any guarantee as to their nature, quality, reliability, etc.
3. Subject to the above sub-clauses, a contract exists between the Vendor and the User and as such any breach of contract and any claim arising from such breach is the subject matter of the Vendor / recruiter and the User alone, and we are in no way a party to such breach or involved in any suit arising from the said breach.
4. As the contract is limited to the User and the vendor / recruiter, we are in no way liable for any deficiency of service that may arise which includes and is not limited to, services not meeting expectations of the vendor / recruiter, and poor quality, non adherence to the terms of employment discussed, etc.
5. You agree to abide by the terms and conditions imposed by any provider, including compliance with all rules and restrictions regarding the Employment.
Disclaimer: Due to some technical issue or typographical error, information related to employments as is reflected on the website may be incorrect.
By using this software, it is deemed that you have consented to receiving-mails, calls, autodialed and/or pre-recorded message calls, from Us or from recruiters on the portal, at any time. This includes contacting you through information received through other API applications we use on the website. The use of this software is also your consent to receive SMS’s, at any time we deem fit. This consent to be contacted is for purposes that include and are not limited to clarification calls and marketing and promotional calls.
You hereby unconditionally consent that such communications via SMS and/ or voice call is (a) upon your request and authorization, (b) ‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines of Telecom Regulation Authority of India (TRAI) and (c) in compliance with the relevant guidelines of TRAI or such other authority in India and abroad.
You hereby agree and undertake to indemnify us, recruiters, our vendors and affiliates, against all types of losses and damages incurred by us due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous compliant raised by you against us, recruiters, our vendors and affiliates, with respect to the intimations mentioned above or due to a wrong number or email id being provided by you for any reason whatsoever.
You may also be contacted by Service Providers with whom we have entered into a contract in furtherance of our rights, duties and obligations under these documents and all other policies followed by Us.
This website is the sole and exclusive property of 3D Talent Services or its licensors and vendors. We retain all right, title and interest (including all copyright, trademark, patent, trade secrets, and all other intellectual property rights) in the website, the tools, applications, and other software being made available on the website.
Notwithstanding the aforementioned, you hereby expressly authorize us to use the data you provide / representations you make regarding your skills for our Skills Profile Engine relying on the skills library.
You are a restricted user of this software.
7.1 You are bound not to distribute, modify, recreate, reverse engineer, distribute, create derivative works from, transfer, or sell any information of the software obtained from us. With our prior permission limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Software is not permitted.
7.2 You agree not to access (or attempt to access) the Software and/or the materials or Services by any means other than through the interface that is provided by the software. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Software or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Software, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Software is expressly prohibited.
7.4 In places where this website allows you to post or upload data/information, You undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:
- a) Engage in any activity that interferes with or disrupts access to the Website or the Services offered through the site (or the servers and networks which are connected to the Website);
- b) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- c) Publish, post, disseminate any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to indecently representing women within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- d) Post any file that infringes the Marks of other legal entities.
- e) Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of our or our vendor websites or another’s computer;
- f) Probe, scan or test the vulnerability of the Website or any network connected to the Website, or breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer or vendor of the website, including any website Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
- g) Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
- h) Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
- j) Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- k) violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- l) Publish, post, disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside India;
- m) Create liability for us or cause us to lose (in whole or in part) the services of our internet service provider (“ISPs”) our vendors or other suppliers;
You shall not engage in advertising to, or solicitation of, other Users of the Website to buy or sell any products or services, except in so far as you having registered as a vendor or a recruiter.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
THE SOFTWARE, SERVICES AND OTHER MATERIALS ARE PROVIDED BY THIS SOFTWARE IS ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT
(I) YOUR REQUIREMENTS WILL BE MET OR THAT SERVICES PROVIDED WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
(II) MATERIALS, INFORMATION OBTAINED AND RESULTS WILL BE EFFECTIVE, ACCURATE OR RELIABLE;
(III) ANY ERRORS OR DEFECTS IN THE SOFTWARE OR SERVICES WILL BE MODIFIED.
(IV) THE EMPLOYMENTS MADE AVAILABLE THROUGH OUR VENDORS / RECRUITERS SHALL BE AVAILABLE THROUGHOUT THE YEAR OR AVAILABLE AT ALL TIMES;
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, PRIVACY, PUBLICITY, OR OTHER LAWS. THE WEBSITE ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK. THE WEBSITE ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
WE SHALL NOT BE LIABLE FOR DELAYS OR INABILITIES IN PERFORMANCE OR NON-PERFORMANCE IN WHOLE OR IN PART OF VENDOR / RECRUITER / USER OBLIGATIONS.
THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SOFTWARE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK. WE ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR IN THE DETAILS SHOWN / PRODUCED ON THE PORTAL AND WE ACCEPT NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF OURSELF OR THIRD PARTIES.
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
IF, DESPITE THE LIMITATION ABOVE, WE ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED IN THE LIMITATION ABOVE, THEN OUR LIABILITY WILL IN NO EVENT EXCEED, IN TOTAL, THE SUM OF INR 5,000.
3D Talent Services, in its sole discretion, may, at any time and without advance notice or liability, terminate or restrict your access to all or any component of our Site, even if access continues to be allowed to others. Upon such termination or suspension, you must immediately discontinue use of the Site, and destroy any copy you have made of any portion of the Site. Accessing the Site after such termination, suspension or discontinuation shall constitute an act of trespassing. We shall not be accountable to you to such suspension or termination.
The website hosts information provided by third parties that is intended for informational purposes only. We are in no way responsible to you for the accuracy and legitimacy of the information so hosted. We take reasonable care to ensure such accuracy but, you agree to not hold us liable for the falsification of any such provided information. You are responsible for evaluating the accuracy, completeness, and usefulness of any opinion, advice or other content available through the website or obtained from a linked site.
We make reasonable attempts to clear the website of viruses and worms, but cannot ensure that the Site will be at all times free from viruses or other destructive software. You are urged to take appropriate safeguards before downloading any information from the Site. We accept no responsibility for any damages to computer equipment or other property which may result from use of the website or downloading anything from the website.
If any dispute arises between you and 3D Talent Services during your use of the Site or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the Terms and Conditions, the dispute shall be referred to a sole Arbitrator who shall be appointed by us. The place of arbitration shall be Chennai. The arbitration proceedings shall be in the English language.
The Terms and Conditions shall be governed and construed in accordance with the Indian laws.
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