This Terms of Use (“TOU”) is published by SCGB SOLUTIONS PRIVATE LIMITED a company incorporated in India under the Companies Act, 2013, having its registered office at No.36, 2^nd floor, 32^nd cross, Jayanagar 7^th Block, Bangalore-560082 (CIN: U74999KA2022PTC160885) hereinafter referred to as “SCGB” and/or “Company” which term, unless repugnant to the context or meaning thereof, shall mean and include its directors, employees, and associates to provide the terms of use that will be applicable in the context of  ______ (hereinafter referred to as its “Website”) and govern the persons visiting (hereinafter referred to as “Visitor/s”) or candidates registering/signing up for job details on Website and director, CEO and or authorized person of the company who wishes to hire the candidates signing up/registering on Website shall (hereinafter referred to as “Registered User/s”) (Visitors and Registered User/s shall collectively be referred to as “Users”).

This TOU should be read with the Privacy Policy published in the privacy policy section of the Website. USERS ARE HEREBY NOTIFIED THAT BY USING THE  WEBSITE  IT IS DEEMED THAT THE VISITORS HAVE CONSENTED TO THIS TOU AND BY ACCEPTING THE TOU AND PRIVACY POLICY AT THE TIME OF REGISTRATION IT IS DEEMED THAT THE REGISTERED USERS HAVE CONSENTED TO THIS TOU AND THAT THE USER REPRESENTS TO THE COMPANY THAT THEIR AGE IS 18 YEARS OR MORE THAN 18 YEARS AND THAT THEY ARE AUTHORISED TO USE THE  WEBSITE AND TO ENTER INTO THIS AGREEMENT. IF A VISITOR DISAGREES WITH THE TERMS OF THIS TOU OR THE WEBSITE OR INTENDS TO WITHDRAW THEIR CONSENT TO THE SAME THEN SUCH USER SHALL IMMEDIATELY CEASE USING THE WEBSITE. IF A REGISTERED USER WISHES TO WITHDRAW CONSENT TO THESE TERMS THEN SUCH REGISTERED USER IS REQUIRED TO COMMUNICATE THE SAME TO THE GRIEVANCE OFFICER WHOSE DETAILS ARE PROVIDED IN THE PRIVACY POLICY ON THE WEBSITE IN THE MANNER SPECIFIED THEREIN.

This TOU and the Privacy Policy is a legally binding contract between the User and the Company (as provided in the Indian Contract Act, 1872, Information Technology Act, 2000 and the Information Technology rules) and hereby specifies the following terms:-

1. The User is prohibited from publishing, hosting, displaying, uploading, modifying, transmitting, posting, communicating, updating or sharing any information that —

(a) belongs to another person and to which the user does not have any right to;

(b) is grossly harmful, harassing, abusive, blasphemous; defamatory, obscene, pornographic, pedophilic, libelous, 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;

(c) harm minors in any way;

(d) infringes any patent, trademark, copyright or other proprietary rights and third party intellectual property rights;

(e) violates any law for the time being in force;

(f) deceives or misleads the addressee about the origin of such messages or communicates any

information which is grossly offensive or menacing in nature;

(g) impersonate another person;

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

(i) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with

foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

(j) can be considered as unsolicited messages (commercial or otherwise).

2. The User understands and agrees that the Company is a recruitment agency engaged in the business of providing recruitment and staffing services to its clients and the Users using the Website shall by continuing to use the Website and providing consent in the manner specified above, it is hereby agreed that the User has gone through the terms of this TOU and the terms of the Privacy Policy and is aware of all aspects related to the information collected from such User.

3. User agrees and understands that the Company under this TOU as a nature of its business shall be collecting certain information about the candidate including but not limited to educational details, professional details, job role, and current cost to the company (CTC), expected CTC, skill set, experience, the reason for change, etc. (“Candidate Details”). Pertaining to the other verticals of the Company the Company shall be collecting details pertaining to the name of the organization, requirement of the User, etc.

4. User agrees and understands that the Company uses third-party platform (“Zoho Recruit”) for collecting and storing the Candidate Details. User represents and warrants that the information supplied by the User to the Company is true, correct, and complete.

5. The User shall be solely responsible for sharing his/her Candidate Details that he/she submits, publishes, or displays on the Website. By posting such Candidate Details on the Website, the User automatically grants the Company the right to use, copy, and distribute such details to its clients.
6. The User shall be entitled to browse job openings on the Website and shall apply to the role by uploading Candidate Details. The User agrees and understands that applying for a role does not guarantee to receive a ‘call-back’ or ‘interview’ with respect to the role.
7. The User understands that the clients of the Company and the Company are independent contractors and are not agents or partners or in a joint venture or profit-sharing relationship and the User shall not hold the Company responsible or liable in any way for any acts or omissions by the clients of the Company.
8. The User agrees and understands that the services provided by Company differ based on the nature and package of the services, thus the details of the services and the procedure followed to obtain such services shall be ascertained from the Website.
9. The User can avail our services through various pricing models such as pricing per assignment basis, retainer basis, and hourly basis. The pricing would be determined on a case-to-case basis based on the requirement of the User.

10. The User agrees to not use any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;

11. User agrees and understands that in the event Company learns (either through itself or through reports from other Users or third parties) that the User is contravening with any of the provisions of this TOU or the Privacy Policy or any law for the time being in force than without prejudice to other available rights and remedies, the Company shall at all times and at its sole discretion be entitled to disable, block, restrict the User’s access to the Website and remove any or all information (including but not limited to the contravening information) of the User from the Website without notice to the User. The Company shall also be entitled to share such information with government authorities, attorneys, regulatory bodies, and law enforcement agencies.

12. The User hereby understands that unless agreed otherwise in writing, Company shall not be responsible to indemnify any losses suffered by the User.

13. The User agrees and acknowledges that Company shall at no point in time be liable for the losses, damages, or expenses suffered by the User owing to the disclosure of information (that is consented by the User as detailed in this TOU and the Privacy Policy or that is lawfully disclosed by the Company to government, investigative or regulatory authorities) by the Company. The User agrees and understands the revocation of consent to this TOU or Privacy Policy by a User shall be effective from the date Company acknowledges the intimation of revocation of consent by the User and such revocation shall not have retrospective effect under any circumstances.

14. IT IS HEREBY EXPLICITLY CLARIFIED THAT THE COMPANY SHALL NOT BE LIABLE AND DOES NOT EXPRESSLY OR IMPLIEDLY MAKE ANY WARRANTIES TO THE ACCURACY, TECHNICAL CORRECTNESS, BONAFIDES, AUTHENTICITY OF ANY INFORMATION ON THE WEBSITE (INCLUDING BUT NOT LIMITED TO DESCRIPTION, ADVERTISEMENTS, CONTENT ON THIRD PARTY LINKED WEBSITES) AND THAT (UNLESS OTHERWISE AGREED IN WRITING BETWEEN THE INFORMATION PROVIDER AND THE COMPANY) THE COMPANY IS PUBLISHING THEM ON AN AS-IS BASIS OR BASED ON THE INPUTS RECEIVED FROM SUCH INFORMATION PROVIDERS. THE COMPANY SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF THE USERS THAT RESULT IN THIRD PARTY INTELLECTUAL PROPERTY RIGHT INFRINGEMENT.

15. WHILE THE COMPANY MAY EXERCISE BEST EFFORTS WITH REGARD TO THE TECHNICAL UPKEEP, MAINTENANCE AND AVAILABILITY OF THE WEBSITE, THE COMPANY SHALL UNDER NO CIRCUMSTANCES BE RESPONSIBLE FOR ANY LOSS OF DATA OF THE USER OR FOR WEBSITE FAILURE OR WEBSITE RELATED PROBLEMS (TECHNICAL OR OTHERWISE). FURTHER IT IS HEREBY CLARIFIED THAT COMPANY MAY AT ANY POINT IN TIME AND AT ITS SOLE DISCRETION MIGRATE, TRANSFER OR SHUT DOWN OR MODIFY THE WEBSITE OR ANY PART THEREOF WITHOUT NOTICE TO THE USER.

16. It is hereby clarified that in the event the User notices any content on the Website that infringes the intellectual property rights of any third party then the User shall have the option to report the same by writing to the Grievance Officer whose details are provided in the Privacy Policy. Upon receipt of such reports shall act in a time-bound manner in this regard. For other general feedback and inputs or reports (other than those specified in this TOU and the Privacy Policy) the User is encouraged to reach out to us in the “contact us” page of the Website.

17. IT IS HEREBY CLARIFIED THAT COMPANY’ (AND ITS PARTNERS) ARE NOT GROSSLY LIABILIE FOR ANY LOSSES, DAMAGES OR EXPENSES INCURRED OR SUFFERED BY THE USER BY THE USE OF WEBSITE OR THE CONTENT THEREIN OR SERVICES PROVIDED BY THE COMPANY.

18. IN THE EVENT COMPANY FACES ANY SUITS OR CLAIMS OR SUFFERS ANY – LOSSES OR DAMAGES OR INCURS ANY EXPENSE OWING TO THE ACTS OR OMISSIONS (INCLUDING BUT NOT LIMITED TO THE CONTRAVENTION OF THIS TOU OR PRIVACY POLICY OR APPLICABLE LAW) OF THE USER THEN SUCH USER SHALL FULLY AND WITHOUT LIMITATION INDEMNIFY, PROTECT AND HOLD HARMLESS THE COMPANY, ITS DIRECTORS, EMPLOYEES AND ASSOCIATES FROM AND AGAINST SUCH LOSSES.

19. In the event the Company has executed a separate written agreement with the User pertaining to the subject matter hereof then such agreement shall be read with the Terms of this TOU and Privacy Policy, incase of any conflict between the terms of such specific agreement and this TOU and Privacy Policy, the terms of such specific agreement (to the extent of the conflicting portion only) shall prevail.

20. This TOU and Privacy Policy shall be governed by the laws of India. User agrees that all disputes shall be subject to Arbitration by sole arbitrator appointed by the Company and the courts of Bangalore shall have the exclusive jurisdiction to decide any disputes between the parties (i.e. for obtaining interim relief and/or for enforcing the arbitral award). User and the Company shall bear their respective cost incurred during the dispute resolution process.

21. The Company may amend or alter or vary this TOU and the Privacy Policy at any time and shall inform the User from time to time. In case of non-compliance with this TOU and Privacy Policy, the Company has the right to terminate the access or usage rights of the users.

22. If any term or condition of our TOU and Privacy Policy shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the TOU shall continue in force without such term or condition.

23. No delay or failure on Company’s part to enforce our rights or remedies under the Terms of Use or other policies shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.

24. Company shall not be liable for any failure or delay in performing any of its obligations under this TOU or Privacy Policy if such delay or failure is attributable to reasons beyond its control or due to a force-majeure event (including but not limited to natural disasters, strikes, lock-outs, labour problems, work stoppages, riots, acts of terrorism, technical problems or failures, delays or failure of services by vendors).

25. User is responsible for making all arrangements necessary for them to have access to Website and thereby the Services. User is also responsible for ensuring that any persons who access Website through User’s account are aware of these terms, and that they comply with them. User is also solely responsible and liable to Website for all activities that take place or occur under User’s account. User agrees that their ability to log into their account is dependent upon external factors such as internet service providers and internet network connectivity and the Company shall not be liable to User for any damages arising from your inability to log into User account.