Talent Hunter Terms and Conditions

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Talent Hunter Terms and Conditions

This AGREEMENT is entered into as on the Effective Date (as defined below) by and between Talent Dhundo (the "Company" or "we" or "us") (which expression shall, unless repugnant to the context, be deemed to mean and include its successors, nominees and permitted assigns) and the party identified above as the "User" (also referred to as "you") (the "Master Agreement").

  • All capitalized terms not specifically defined herein shall have the meaning assigned to them in the General Terms of Use attached as Annexure 1.
  • This Master Agreement, along with the annexures enclosed, shall collectively form an integral part of the agreement between the parties and should be read in conformity with the General Terms of Use (Annexure 1), and Privacy Policy (Annexure 2).
  • In case of any inconsistencies between the constituent parts of this Master Agreement, the terms set out in the General Terms of Use shall prevail.
  • "Effective Date" shall mean the date on which the User completes the registration process on Company's website or mobile application.

ATTACHMENTS:

  1. ANNEXURE 1 – GENERAL TERMS OF USE
  2. ANNEXURE 2 – PRIVACY POLICY

By clicking on the "Accept" button below, you agree to be bound by the terms of this Master Agreement. If you do not agree to the terms of this Master Agreement, you are not authorised to use this website / mobile application.

ANNEXURE 1: GENERAL TERMS OF USE

The terms and conditions of use mentioned herein shall apply to this website talentdhundo.com and its associated mobile applications. It is clarified that the Terms of Use shall also apply to the use of the Content and/or the Services by the User.

The terms and conditions stated herein, along with the applicable policies and guidelines located throughout the Websites (collectively herein the "Terms of Use") identify what you, as a user of the Websites ("you" or "you") can expect from the Company, and/or persons who provide products or services to the Company either directly or through the Company ("Company Service Providers") or the Websites and/or the Services and what the Company in turn expects from Users.

BY SUBSCRIBING TO OR USING ANY OF THE COMPANY'S SERVICES INCLUDING THE USE OF THE CONTENT AND/OR THE PRODUCTS, ACCESSING ANY AREA ON THE WEBSITES, BROWSING, USING, FRAMING AND / OR LINKING TO THE WEBSITES, YOU ARE EXPRESSLY AGREEING TO COMPLY WITH AND BE BOUND BY THE TERMS OF USE, INCLUDING THE PRIVACY POLICY, AS WELL AS ALL APPLICABLE LAWS AND REGULATIONS WITHOUT ANY LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE AND TO FOLLOW ALL APPLICABLE LAWS, YOU SHOULD LEAVE AND CEASE USE OF THE WEBSITES IMMEDIATELY. THE TERMS OF USE SET OUT ON THE WEBSITES ARE BINDING AS PER THE PROVISIONS OF THE INFORMATION TECHNOLOGY ACT OF 2000 AND RULES/ REGULATIONS PRESCRIBED THEREUNDER. YOU ARE ALSO EXPRESSLY AGREEING TO USING THE WEBSITES KNOWING FULLY THAT IT IS WORK UNDER PROGRESS AND MAY AT PLACES BE LACKING IN SECURITY/USABILITY/PRIVACY FEATURES AS PER INDUSTRY STANDARDS.

Introduction

  • The Company through its Websites provides an exclusive talent recognition, Selection and hiring platform and services marketplace for media, entertainment, creative and art talent. The Users who feel who are talented in the fields listed are uploading their User Content on the Websites for the purposes of seeking assignments shall be referred to as "Applicants" and the Dash board Users who are industry experts or recruiters or authorized persons on recruiters behalf and home based individual customers or any other party downloading, accessing or viewing such User Content uploaded by the "Applicants" shall be referred to as the "Industry Recruiters". Use of the Websites is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in the Terms of Use, as may be posted on the Websites or provided along with the Products or otherwise notified by the Company, from time to time. Company in its sole discretion reserves the right to decline a User from registering on the Websites without assigning any reason thereof.
  • Registration and User Account Rules
  • Eligibility and Age Restriction
  • As a consideration for the use of Websites, the User affirms, represents and warrants that he or she is 18 years of age or older, or has legal parental or guardian consent and is fully competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set for in these Terms of Use and will use the Websites in accordance with the applicable laws and regulations.
  • Persons below the age of 18 are expressly prohibited directly from registering with the Websites or posting / submitting personally identifiable information to the Website. In the event of a minor using or registering with the Websites they need to be registing from their parents /guardian’s registered email id or contact details, the responsibility or liability for the minor's action shall be on his or her parent or guardian. Any parent or guardian who believes that the Website has collected the personally identifiable information of his or her child (under the age of 18) should contact the Company immediately at report@talentdhundo.com
  • Username and Password
  • Every User that has registered itself is responsible for (i) keeping his or her account password confidential and secured, (ii) avoiding unauthorized access to such User's hardware; and (iii) keeping the e-mail address associated with that account current (User acknowledges that User will not receive messages from the Company about updates and inquiries or other matters in case the registered email is not functional).
  • User shall be fully responsible for maintaining the confidentiality of the password and account, and for all activities that occur under his or her account. No User shall assist any unregistered person in gaining access to the registration area or subscription products or services of the Websites, or email or messaging accounts.
  • In case of any unauthorised use of the account or password or any other breach of security, the User agrees to notify the Company immediately at report@talentdhundo.com. The Company cannot and will not be liable for any loss or damage arising from the User's failure to comply with this section or any other part of the Master Agreement.
  • User Conduct and Rules
  • User Account
  • User accounts are not transferable and no User shall use or attempt to use another User's account. No User shall rent, lease, loan, trade, sell or re-sell access to the account or registration area or subscription products or services or in any manner monetize any feature of the Websites.
  • No User shall act dishonestly or unprofessionally, create /communicate with any false identity or impersonate any other person or identity or upload or communicate any misleading information including, without limitation, biographical information, information about current position, qualifications, affiliations, identity, including use of a pseudonym.
  • No User shall represent itself as affiliated with or endorsed by the Company, unless expressly authorised to do so by the Company.
  • The User shall not have any ownership rights or title in the account and in case the account is terminated or deleted, all information, data, content or material associated with that account may be removed from the databases and public areas of the Websites.
  • The User shall be solely responsible for obtaining, all licenses, permits, consents, approvals and intellectual property or other rights as may be required by the user for using the Service offered by the Company
  • User Content
  • The Users can View information, images, photographs, graphics, videos, messages, links or other materials to or through the Websites ("User Content").
  • The Company in normal circumstances does not pre-screen or monitor the User Content. However, the Company reserves the right to review censor, delete, move, block access to, or prohibit the transmission or receipt of any User Content, without notice, if ant communication with the applicants is found to be obscene, defamatory, libelous, or invades the privacy or violates any right of any person or entity, or is illegal or in violation of the Terms of Use or is otherwise offensive or inappropriate in the opinion of the Company.
  • The Company acquires no title or ownership rights in the User Content submitted to its Websites.
  • The Company's Websites merely host and provide access to the User Content and do not guarantee or warrant the validity, accuracy, genuineness or credibility of, or in any manner endorse, any User Content. By submitting the User Content, the User expressly represents and warrants that it is correct and complete in all respects and is not false, distorted, manipulated, fraudulent, or misleading in any manner. The Company shall not be responsible or liable in any manner whatsoever in connection with the User Content. By using the Websites, you assume the associated risks and agree to undertake background checks on your own accord to ascertain the bonafide nature and accuracy of the User Content before acting on it.
  • Further, you agree that the Company shall have the right to post the data on the mobile applications or websites or on such other affiliated sites and publications as the Company may deem fit and proper.
  • Restrictions on Use The User undertakes, warrants and represents NOT to:
  • Use the Websites in a manner that impairs their functioning or harm the interests of the Company;
  • Use content from the Websites for derivative works of commercial nature without the Company's approval;
  • Remove or hide any copyright, trademark or proprietary right notice on the Websites or Services;
  • The Company does not guarantee or warrant a satisfactory response or any response at all to the portfolio created by user or any uploaded Talent video by any user.
  • he Company does not guarantee or warrant the credentials of any prospective Industry Expert or Talent Hunter registered/not registered with Talent Dhundo on the Websites. It shall be the users sole prerogative to ascertain the genuineness of any Industry Recruiter /Hunter or Home Based Individual Customer.
  • Additional Conditions for Industry Recruiters / Talent Hunters
  • You undertake not to use the User Content uploaded by the "Applicants" for any purpose other than as a recruiter, employer , assignment giver.
  • You shall be solely responsible for any requirements raised or posting on the Websites and the Company shall not be liable for any employment decisions, for whatsoever reason, made by any User posting Talent hunt specifications on any of the Websites.
  • You shall not, except where permitted by the Company, sell, promote, or advertise products or services.
  • You shall not post/Communicate any opening which is not in compliance with the local, national, and international laws, including, labour and employment laws, equal employment opportunity, eligibility requirements, data privacy, intellectual property and data access, etc.
  • You shall not post/Communicate any posting/requirements that seeks sexual services or promotes prostitution or escort services or request use or donation of any human body parts, including reproductive services such as surrogacy or egg donation.
  • You shall not post/Communicate any posting/requirements that requires the Talent to endorse or affiliate with a particular political party, political agenda, political position / issue, or religion or religious group.
  • Except when allowed by applicable law, you shall not post/Communicate that require the applicant to provide information relating to his /her racial or ethnic origin, political beliefs, philosophical or religious beliefs, health, membership of a trade union, sexual life, the commission of criminal offences or proceedings.
  • You undertake not post/Communicate any posting/requirements for any competitor of the Company or its Websites or post or upload content that provides link to any competitor of the Company.
  • You shall not transmit, distribute, post, store or destroy any content, data or information on the Websites in violation of any applicable law or regulation or these Terms of Use. You undertake to take all measures to protect the content, data or information received from the Websites from any loss, misuse, unauthorised access, disclosure, alteration or destruction
  • The Company reserves the right to restrict or keep a track on emails or messages which you may send to Users to a number which the Company deems appropriate in order to curb spam, commercial advertising and solicitation. The foregoing conditions and restrictions shall not be considered an exhaustive list of prohibited or restricted activities.
  • Any unauthorized use of the Websites, the Content or any portion or derivative thereof, or any use that impairs the interests of the Company or other Users, violates any code of conduct or other guidelines, or violates, abuses, unethically manipulates or exploits, any terms and conditions of the Terms of Use or other terms and conditions available elsewhere on the Websites, or such attempted use, as the case may be, shall immediately terminate any right or permission granted by the Company in terms hereof. Company reserves all rights.

  • User Warranty and Representation
  • You guarantee, warrant, and certify that you are the sole and exclusive owner or the authorized person to view content which you are seeing on the Talent Dhundo Website/Mobile App Website or are otherwise authorised to see such content and that such content does not infringe upon the property rights, intellectual property rights or other rights of others.

The Company undertakes no liability for free services.

  • Spam
  • Talent Hunters undertakes that Services offered by the Company shall not be used to indiscriminately and repeatedly upload, post, email, send, forward, transmit, or otherwise make available, unsolicited bulk or commercial emails or messages, whether directly or indirectly.

    The Company shall endeavour to abide by the International Best Practices for eliminating Spam. The Company reserves the right to monitor, filter and block such emails or messages sent by any User using the Company's servers to relay such emails or messages. Any violation of this Section shall entitle the Company to terminate all Services to the User without notice and forfeit any amounts paid by him.

  • Termination, Suspension and Restrictions on Usage
  • Company may issue a warning, temporarily suspend, indefinitely suspend or terminate any Talent Hunters right to use or access all or any part of the Websites including any account thereon, without notice, for any reason in Company's sole discretion, including without limitation violation of the Terms of Use, Company's belief that such access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to, Company, any Company Service Provider or another User. Further, your account may be terminated after significant duration of inactivity.

    The Terms of Use will survive indefinitely unless and until the Company chooses to terminate the same which decision shall be communicated by the Company in writing.

    If you or the Company terminates your use of the Websites or any Service, for any reason whatsoever, Company may delete any Content or other materials relating to your use of the Websites and/or the Services and the Company will have no liability to you or any third party for doing so. You shall be liable till the time of termination by either party.

    In certain cases, in Company's sole discretion, Company may provide written notice (a "Restriction Notice") to a User (a "Restricted User") to inform such Restricted User that (i) his or her right to use or access any part of the Websites has been terminated including the right to use, access or create any account thereon; (ii) that Company refuses to provide any Services to such Restricted Talent hunter; and (iii) the profile prepared by a Restricted User will be subject to cancellation. Other conditions may apply and shall be set forth in the relevant Restriction Notice.

  • Governing Law
  • The Terms of Use shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles. Any dispute or differences arising out of or in connection with this Master Agreement shall be resolved by binding arbitration of the sole arbitrator appointed by the Company. The courts at Mumbai shall have exclusive jurisdiction.

  • Disclaimers and Limitation of Liability
  • The information contained on the Websites and/or provided pursuant to the Services is provided on as "as is" and "as available" basis without any warranty or representation of any kind, either express or implied including but not limited to those of merchantability, fitness for a particular purpose and non-infringement, accuracy, authority, completeness, usefulness and timeliness. To the fullest extent permissible by applicable law, Company and each Company Service Provider disclaims all implied warranties, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Company does not warrant or guarantee the accuracy, reliability or legality of any of the information on the Websites and/or provided pursuant to the Service. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of the Websites at any time. The subscription of a User shall be subject to quotas as applicable and may change without notice.

    Without limiting the foregoing, neither Company nor any Company Service Provider makes any representation or warranty of any kind, express or implied: (i) as to the operation of the Websites and/or the Services, or the information, content, including digital content and User created content, and Content or products/services included thereon; (ii) that the operation will be uninterrupted or error-free or free of any virus, computer contaminant, worm or other harmful components ; (iii) as to the accuracy, reliability, or currency of any Content, information, content, including digital content and User created content, Services, or Products provided through the Websites and/or the Services; or (iv) that the Websites and/or the Services, its servers or e-mails sent from or on behalf of Company are free of viruses, scripts, trojan horses, worms or other harmful components.

    The agreement of Service entered into between the Users and the Company shall not confer exclusivity of service to any User.

    The Company shall not be party to any legal proceedings between Users who connect through the Websites. In case the Company is implicated in any legal proceedings, the costs will be recovered from the party that names the Company. However, the Company will in all circumstances abide by any court order served on through due process of law

    If any person, whether or not registered with the Company's Websites, receives a spam or virus including a link to the Websites maintained, operated or owned by the Company, the Company shall not be responsible or liable in connection with such spam or viruses.

    The Company does not have or operate through any agents except for those specifically mentioned on the homepage of the Websites. Additionally, notwithstanding anything contained herein, the provision of Services by the Company through its mobile applications or Websites shall not be construed as acting as an agent on behalf of the User.

    UNDER NO CIRCUMSTANCES SHALL COMPANY OR ANY COMPANY SERVICE PROVIDER BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE WEBSITES AND/OR THE SERVICES.

    The Company reserves its right to amend or alter or change all or any disclaimers or terms of agreements at any time without any prior notice. All terms or disclaimers whether specifically mentioned or not shall be deemed to be included if any reference is made to them.

General Terms

  • Privacy Policy: The User hereby consents to post/Communicate, expresses and agrees that he/she has read and fully understands the Privacy Policy of the Company. The User further consents that the terms and contents of such Privacy Policy are acceptable to him/her.
  • Change in terms: The User agrees and acknowledges that the Company shall have the sole discretion, at all times, to change/alter/modify the General Terms of Use, the Privacy Policy and/or the User Content. The Company shall have the sole discretion, at all times, to remove and/or change any User Content. The User shall refer to the website for updated information in relation to the Terms of Use and Privacy Policy.
  • Acknowledgment:The Terms of Use, including all documents referenced herein, represents the entire understanding between User and the Company regarding User's relationship with Company and supersedes any prior statements or representations. Headings used in the Terms of Use are for reference only and shall not affect the meaning of any terms. "include" and "including" shall be construed without limitation.
  • Severability: If any provision of the Terms of Use is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of the Terms of Use shall continue to be in full force and effect.
  • Modification:Company may without notice to you, at any time revise and update the Terms of Use, the Privacy Policy and any other information contained in the Websites by updating this posting. Company may also make improvements and/or changes in the Products, Services or programs described in the Websites at any time without notice.
  • While the company shall ensure that notice of the changes is posted on the Website for a reasonable period of time, the User shall be responsible for reviewing the changes to these Terms of Use. Access or continued usage of the Websites after the notification of changes shall be deemed to be acceptance of such changes by the User. In case you do not agree with the changes, you should leave and cease use of the Websites immediately. All the amendments to the Terms of Use shall apply prospectively from the date of amendment or modification, and amendment or modification to any dispute resolution procedure shall not apply to any dispute of which the parties had actual notice on the date of the amendment or modification.

  • Relationship:Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between Company or the Websites and any User nor do the Terms of Use extend rights to any third party.
  • Assignment: In the sole discretion of Company, Company may assign the Terms of Use, in whole or in part, by providing notice in accordance with the notice provision contained in the Terms of Use. User may not assign the Terms of Use, in whole or in part, without Company's prior written consent.
  • Survival: The provisions herein dealing directly or indirectly with intellectual property, disclaimers of warranties, limitation of liability, compliance with laws and regulations, security, dispute resolution and use restrictions and prohibitions continue to apply and shall survive the termination or expiration of any relationship between you and Company.
  • Report Abuse: AsAs per Terms of Use, Users are solely responsible for post/Communicate every material or content uploaded on to the Websites. If you come across any abuse or violation of the Terms of Use, please report to report@talendhundo.com

ANNEXURE 2: PRIVACY POLICY

This Privacy Policy applies to personal information that may be collected when you interact with Company or its Websites or the applicants. Protecting the privacy and security of the personal information of the applicants and others is a priority, and we believe that a single, comprehensive privacy policy that is straightforward and clear is in the best interests of our users, customers and our businesses. As a result, as of the Effective Date this Privacy Policy replaces the privacy policies of the Company and all other websites, mobile applications, services and verticals operated by the Company (collectively the "Websites").

By doing business with or interacting with the Company in the manner described in this Privacy Policy at any time on or after the Effective Date, you are accepting the practices described in this Privacy Policy and you expressly consent to the application of this Privacy Policy to the collection, storage, use and disclosure of all your personal information as described herein.

If you do not agree with the terms and conditions of this Privacy Policy, please do not use or access the Websites.

Company reserves the right to modify or amend this Privacy Policy at any time, but you can be assured that, should it be necessary to do so, we will always do so in accordance with the principles of clarity, security and integrity. Any change, update, or modification will be effective immediately upon posting on the Websites. We will notify you of any material change to this Privacy Policy by posting a notice on the Websites' homepage for a reasonable period of time following such update, and by updating the effective date. Be sure to periodically review the Privacy Policy to ensure familiarity with the most current version.

  • With whom do we share your personal information?
  • Protecting the privacy and security of your personal information is a priority for the Company.
  • The Company may share your personal information with (without limitation):
  • Other entities owned by the Company, including subsidiaries, affiliates and joint ventures of the Company. We share your personal information within the Company enterprise to help to ensure that you have a superior user experience.
  • In addition to the internal service providers' web sites that you may access as described above, for your convenience there are linked to third party web sites operated by companies that are not affiliated with the Company and that do not have contracts to provide content or services through the Websites. These links may be found in advertisements, referenced within content, or placed beside the names or logos of sponsors. Company does not disclose your personal information to these third party websites without obtaining your consent. Company does not endorse and is not responsible for the privacy practices of these sites. If you choose to link to one of these third party web sites, you should review the privacy policy posted on this other website to understand how that third party website collects and uses your personal information.
  • Law enforcement officials and as required by law. Company will be bound to share your personal information, including sensitive personal information, to Government agencies mandated under the law to obtain such information for the purpose of verification of identity, or prevention, detection, investigation, prosecution and punishment of offences or cyber security incidents. Further, the Company may release personal information, including sensitive personal information, to third parties when we determine, in our judgment, that it is necessary to (a) comply with the law, regulation, legal process, or enforceable governmental request; (b) enforce or apply the terms of any of our policies or Terms of Use; or (c) protect the rights, property or safety of Company, our employees, our customers, users, or others.
  • We want you to feel confident whenever you visit us our Websites. While we are focused on the security of your personal information and follow strict standards, processes and procedures that are designed to protect your personal information, we cannot promise, and you should not expect, that your personal information will remain secure and private in all circumstances. By way of example (without limiting the foregoing), third parties may unlawfully intercept or access transmissions or private communications, or users may abuse or misuse your personal information that they collect from the Website. You shall be responsible for protecting your account username and password and not share any confidential information through any means of communication that is not encrypted.

  • How do we respect your choices about your personal information? When you interact with the Company in certain ways, you may be eligible to receive certain marketing-related and promotional communications as well as special offers (collectively "Promotional Communications") that may include advertisements from third parties. If, at any time, you wish to no longer receive promotional communications from the Company including the Websites, the Company member program and other verticals operated by the Company, please contact our Customer Care Centre at hello@talendhundo.com.
  • Even if you opt-out of receiving promotional communications, you may continue to receive e-mails relating to order confirmations, back order notifications, membership information, and/or other business-related communications. Although the primary purpose of these emails is not to provide you with promotional material, they may contain within them some promotional material.

    Further, the Company may also use your Contact information to send updates (over Email, SMS, WhatsApp, or any other electronic means of messaging) about the Websites, free informational newsletters, and notifications sent, including, but not limited to opportunities, tips and news. Certain notifications, update messages and newsletters are part of the Services provided by the Company and you may not be able to opt out of receiving them.

  • Procedure to update Information/ Questions, comments and enforcement You have the right to access, modify, rectify or delete your personal information or User Content. We maintain a procedure in order to help you confirm that your personally identifiable information remains correct and up-to-date or choose whether or not you wish to receive material from us or some of our partners. You may also update your personally identifiable information by logging on the Websites and visiting your user account page. You may also contact us at hello@talentdhundo.com. We try to answer every email promptly but may not always be able to do so. Keep in mind, however, that there will be residual information that will remain within our databases, access logs and other records, which may or may not contain your personally identifiable information
  • Severability: If any provision hereof is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions hereof shall continue to be in full force and effect.
  • Grievance Officer: In case of any breach of privacy or for any other complaints, you may contact our Grievance Officer at:
  • \

    Kalpesh panchal
    M/S Talent Dhundo

    Office Number 17 , Om Heera Panna commercial complex , Andheri west , Mumbai 53 kalpesh@talentdhundo.com

For any other questions or queries about this Privacy Policy, please contact us at report@talentdhundo.com or Customer Care Centre at hello@talentdhundo.com.

© 2021 Talent Dhundo