Please read this page carefully. It contains the terms and conditions (the "Terms and Conditions") governing your access to and use of the KCS Web Sites and the Services (as each are defined below) provided by Kandiga Consulting Services, (collectively, "KCS"). If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, you may not use the KCS Web Sites or Services. These Terms and Conditions are effective as of 23rd of June, 2020.
2. Binding Agreement.
These Terms and Conditions (as they may be amended from time to time by KCS), together with your Advertising and Candidate Search Service Agreement (if applicable), form a binding agreement (the "Agreement") between you and KCS. Your access to or use of the KCS Web Sites or Services indicates your acceptance of these Terms and Conditions. You are agreeing to use the Sites at your own risk.
3. Certain Definitions.
The following definitions apply to this Agreement:
3.1 "KCS Materials"
includes any materials, methodologies, implementation plans or other intellectual property used during the provision of Services.
3.2 "KCS Web Site" or the "Site" (collectively, the "KCS Websites" or the "Sites") means any web site under KCS control, whether partial or otherwise and includes such Site's Content, KCS Materials and Services (as applicable in each context).
3.3 "Content" means KCS web pages, web forms, programming (including software code used on the Sites and in the Services, including (i) tools, kits, and object libraries, (ii) all third-party or open source code embedded therein, and (iii) any upgrades, updates, releases, fixes, enhancements or modifications to the foregoing), graphics, images, design (color combinations and page layout), text, information, data, resumes stored in various commercial databases operated and licensed by KCS (including, among others, its "Resume Database," "Salary Calculator Database," "Talent Stream Supply & Demand Database" and the Recruitment Edge Database), data submitted via the Sites by Users and other content made available through the Sites by KCS.
3.5 "Document" refers to any posting to a Site, whether job or resume.
3.6 "Employer" means a person or entity that is accessing a Site to post a job or utilizing the Services for any reason related to the purpose of seeking candidates for employment.
3.7 "Employer Materials" includes any brochures, emails, sample job postings, web site content, career fair material, audio, videos, photographs, logos, trademarks, service marks, domain names, documents or other materials provided by Employer, if any, for use in connection with the Services.
3.9 "Job Seeker" means a User who is accessing a Site to search for a job or in any other capacity except as an Employer.
3.10 "Services" means any services provided by KCS or its agents described herein and specified more fully in the Service Activation Agreement.
3.12 "User" refers to any individual or entity that uses any aspect of the Sites.
3.13 "You" or "you" means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms and Conditions.
4. Intellectual Property Rights and Acceptable Use of the Sites and Services.
4.1 General Use Rules.
The Sites are intended for individuals seeking employment and for employers or recruiters seeking candidates for employment. You may use the Sites only for lawful purposes within the stated context of KCS intended and acceptable use of the Sites. KCS is the sole interpreter of the Sites' intended and acceptable use.
4.2 KCS Intellectual Property Rights.
The Sites, the KCS Materials and all right, title and interest in and to the Sites and KCS Materials are the sole property of KCS or its licensors, and are protected by Indian copyright, trademark and other laws. Except for the limited licenses expressly granted to you in these Terms and Conditions, KCS reserves for itself and its licensors all other rights, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the Content or KCS Materials, or use them in any other way for public or commercial purpose. Notwithstanding anything to the contrary contained herein, this prohibition includes: (a) copying or adapting the HTML code used to generate web pages on the Sites; (b) using or attempting to use engines, manual or automated software, tools, devices, agents, scripts, robots or other means, devices, mechanisms or processes (including, but not limited to, browsers, spiders, robots, avatars or intelligent agents) to navigate, search, access, "scrape," "crawl," or "spider" any web pages or any Services provided on the Sites other than the search engine and search agents available from KCS on such KCS Sites and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari); and (c) aggregating, copying or duplicating in any manner any of the Content or information available from any of the KCS Sites, without the express written consent of KCS. The use of the Content on any other web site or in a networked computer environment for any purpose is strictly prohibited. The KCS Materials are not considered to be works for hire and you may duplicate such KCS Materials only for the purposes outlined in the Service Activation Agreement. "KCS," "Personified", the KCS design logo and certain other names or logos are service marks or trademarks of KCS, and all related product and service names, design marks and slogans are the service marks or trademarks of KCS. In addition, the "look" and "feel" of the Sites (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by KCS trademarks, service marks and copyrights. Any code that KCS creates to generate or display the Content or the pages making up the Sites is also protected by KCS copyright. You must retain all copyright, trademark, service mark and other proprietary notices contained on the Content or KCS Materials on any authorized copy you make of the Content or KCS Materials. All other product and service marks contained on the Sites are the trademarks of their respective owners.
4.3 License to Use by Users who are Job Seekers.
KCS hereby grants you a limited, terminable, non-exclusive right to access and use the Sites only for your personal use seeking employment opportunities for yourself. This authorizes you to view and download a single copy of the material on the Sites solely for your personal, noncommercial use. You agree that you are solely responsible for the content of any Document you post to a Site and any consequences arising from such posting. Your use of the Sites is a privilege. KCS reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion.
4.4 License to Use by Users who are Employers.
KCS hereby grants you a limited, terminable, non-exclusive right to access and use the Sites only for your internal business use seeking candidates for employment. This authorizes you to view and download a single copy of the material on the Sites solely for your personal use directly related to searching for and recruiting job prospects. KCS also grants you a limited, terminable, non-exclusive license to use the KCS Materials and Services for your internal use only. You may not sell, transfer or assign any of the Services or your rights to any of the Services provided by KCS to any third party without the express written authorization of KCS. You agree that you are solely responsible for the content of any Document you post to a Site and any consequences arising from such posting. KCS reserves the right to suspend or terminate your access and use at any time if KCS determines that you are in breach of these Terms and Conditions.
4.5 Employer Materials.
Employer represents, warrants and covenants that any Employer Materials provided by Employer for use in connection with the Services will not violate any laws or regulations or third-party proprietary rights, including, without limitation, copyright, trademark, obscenity, rights of publicity or privacy, and defamation laws. Employer hereby grants KCS a non-exclusive, worldwide, royalty-free license to use the Employer Materials and to hyperlink to Employer's website in connection with the Services.
4.6 Use of Aggregate Data.
You understand and agree that KCS owns and has the right to collect, extract, compile, synthesize, and analyze Aggregate Data. KCS may use such Aggregate Data for any lawful business purpose without a duty of accounting to you, provided that the data and information is used only in an aggregated and anonymized form so that it cannot be identifiable as relating to you, your Company or to any other Job Seekers. "Aggregate Data" means de-identified aggregated data or information regarding Job Seekers' educational or career history (including, by way of example and not limitation, aggregate data relating to Job Seekers' occupation, location, salary, education and experience).
4.7 Other Specific Rules Regarding Site Usage.
You represent, warrant and agree that you (a) are at least 18 years of age or older, and if under the age of 18 or the age of majority as that is defined in your jurisdiction, you will only use the Sites and Services under the supervision of a parent, legal guardian, or other responsible adult; and (b) will not use (or plan, encourage or help others to use) the Sites for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. It is your responsibility to ensure that your use of the Sites complies with these Terms and Conditions and all applicable laws.
4.8 User Submissions. KCS welcomes your comments regarding the Services and the Sites and appreciates hearing from you. Please note, however, that KCS does not accept or consider creative ideas, suggestions, inventions or materials other than those which it has specifically requested. If you submit feedback on the Services, please be specific in your comments and do not submit creative ideas, inventions, suggestions, or materials. If, despite this notice, you send KCS creative suggestions, ideas, drawings, concepts, inventions, or other information (a "User Submission"), you understand and agree that the User Submission shall become the property of KCS. User Submission and any elements contained in User Submissions, shall not be subject to any obligation of confidentiality on KCS part, and KCS will not be liable for any use or disclosure of any User Submission. KCS shall exclusively own all now known or later discovered rights to the User Submission and shall be entitled to unrestricted use of the User Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
5. Third Party Providers.
You acknowledge and agree that KCS may provide the Services using third party providers, including subcontractors and consultants (the "Third Party Providers"). You agree that, as between KCS and its Third Party Providers, KCS will have sole responsibility for handling all billing and contract negotiations.
6. Disclaimers and Limitations on KCS Liability.
6.1 Allocation of Responsibility
KCS assumes no responsibility for Documents posted by Users and no responsibility for the activities, omissions or other conduct of Users. KCS acts as a portal for the online distribution and publication of User submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring Documents posted by Users. If notified by a User of a Document which allegedly does not conform to these Terms and Conditions, KCS may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of such Document. KCS has no liability or responsibility to Users for performance or nonperformance of such activities. KCS may take any action with respect to User submitted information that it deems necessary or appropriate, in its sole discretion.
6.2 No endorsements by KCS.
Nothing on the Sites shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its web site, products, services, hiring, experience, employment or recruiting practices, or otherwise.
6.3 WARRANTY DISCLAIMERS.
(a) THE SITES ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. KCS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. KCS MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITES.
(b) WITHOUT LIMITATION ON THE FOREGOING:
(i) KCS DOES NOT WARRANT THAT THE SITES WILL OPERATE ERROR-FREE OR THAT THE SITES AND THEIR SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITES RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, KCS IS NOT RESPONSIBLE FOR THOSE COSTS.
(ii) KCS makes no representations or guarantees regarding the truthfulness, accuracy, LEGALITY, completeness, timeliness or reliability of any Documents posted by Users, or of any other form of communication engaged in by Users. Documents may contain inaccuracies or typographical errors. You agree that any reliance on Documents posted by Users, or on any other form of communication with Users, will be at your own risk.
(iii) KCS makes no representations or guarantees regarding the Content of the SiteS, including, but not limited to, broken links, inaccuracies or typographical errors.
(iv) KCS MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE EFFECTIVENESS OF THE SERVICES OR TIMELINESS OF THE SERVICES IN MEETING YOUR EMPLOYMENT OBJECTIVES. KCS DOES NOT GUARANTEE THAT THE SERVICES WILL RESULT IN CANDIDATES BEING HIRED, POSITIONS BEING FILLED OR EMPLOYEES BEING RETAINED, AND IS NOT RESPONSIBLE OR LIABLE FOR ANY BUSINESS, EMPLOYMENT, HIRING AND/OR SALARY DECISIONS, FOR WHATEVER REASON MADE, MADE BY YOU.
6.4 User Authentication. Because User authentication on the Internet is difficult, KCS cannot and does not confirm that each User is who they claim to be. Because KCS does not and cannot be involved in User-to-User dealings or control the behavior of participants on the Sites, in the event that you have a dispute with one or more Users, you release KCS from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
7.1 When you register on any of the KCS Sites or in connection with the Services, you will be asked to create an account and provide KCS with certain information, including but not limited to, a valid email address ("User Information"). You acknowledge and agree that you have no ownership rights in your account.
8. Questions and Notices.
Questions concerning the use of the Sites should be directed to Feedback. Notices to KCS should be sent to the address listed on the Sites. We will send notice to you at the address submitted by you or to such other address as KCS reasonably determines is an appropriate address for you.
9. Rules regarding Posting, Conduct and Security.
The following rules apply to your use of the Sites and/or the Services. The list of rules is for illustration only and is not a complete list of all posting, conduct and security rules.
9.1 Posting Rules:
(a) You may not post any Document to a Site that contains: (i) URLs or links to web sites other than to recruitment related pages on your company web site (to advertise your company or web site, see our Advertising Info page.); (ii) copyrighted material (unless you own the copyright or have the owner's permission to post the copyrighted material); (iii) trade secrets (unless you own them or have the owner's permission to post them); (iv) material that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others; (v) irrelevant keywords or white text keywords (including any words embedded in the Document and hidden from the User); (vi) anything that is discriminatory, sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful; or (vii) anything that is embarrassing or offensive to another person or entity.
(b) You may not use a Document(s) to: (i) impersonate another person, living or dead; (ii) post false, inaccurate or misleading information, opinions or notices (commercial or otherwise) or chain letters; (iii) post advertisements, or solicitations of business (including, but not limited to, email processors, any pyramid scheme or "club membership"); provided, however that KCS may allow posting of certain training and business opportunities
(c) Your Document(s) must contain sufficient detail to convey clearly to the User the nature and requirements of the job opportunity, or, in the case of Users seeking employment, your qualifications as a candidate for employment. Documents that encourage the User to "email for more details" are not permitted.
(d) Job postings must describe individual openings for traditional W-2 or 1099 employees. You may not advertise multiple job openings in a single posting.
(e) In limited circumstances, at KCS sole discretion, KCS allows non-traditional job postings such as education/training, business opportunities, franchise, and multi-level marketing opportunities to be posted on the Sites. These non-traditional job postings may require an investment of time and/or money by the User seeking the position. KCS reserves the right, in its sole discretion, to move, modify, or remove entirely a non-traditional job posting if KCS deems such job posting to conflict with the best interests of its Users or detract from the User experience.
(f) Resume postings must contain the accurate resume of a living individual seeking employment on a full-time, part-time, or contractual basis on his or her own behalf.
(g) KCS is under no obligation to monitor the Documents posted on the Sites, but it may monitor Documents at random. Documents found to violate the above Posting Rules may be removed at KCS sole discretion.
9.2 Conduct Rules:
(a) You may not respond to postings by other Users in any manner or for any purpose other than that which is expected (i.e., to apply for the job or to initiate further discussion with the candidate). Communications soliciting the Employer's business are prohibited.
(b) You may not send unsolicited commercial email to Users.
(c) Protect your password. Your KCS account and any related Services accessed through such account are to be accessed and used solely by you. Upon your successful registration for a KCS account, you will be provided with a unique password that will permit you to access the account. You may not provide your password or otherwise permit access to your KCS account to any third party. You are responsible for maintaining the confidentiality of your information and password. You agree to protect and keep your password confidential, to change your password on a regular basis, and to maintain appropriate and regularly updated malware scanning and cleaning tools on your network and individual computer(s).You are responsible for all uses of your account, whether or not authorized by you. If others use your password to post inappropriate material on the Sites, you risk losing your access to the Sites. You agree to notify KCS immediately of any unauthorized use of your account or password.
(d) Report inappropriate postings or conduct to Feedback
(e) You may not delete or revise any material posted by any other person or entity.
(f) If at any time KCS comes to the understanding that you: (i) misled KCS regarding your business practices and/or services, or (ii) purchased services that do not represent your precise business, KCS reserves the right to terminate your Agreement.
9.3 Security Rules:
(a) Users are prohibited from violating or attempting to violate the security of the Sites, including, without limitation: (i) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Sites, overloading, "flooding", "mail bombing" or "crashing"; (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services; (v) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
(b) Violation of these Security Rules may result in civil or criminal liability. KCS will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
10. Copyright Complaints.
10.1 KCS respects the intellectual property of others. It is KCS policy to respond to claims of copyright and other intellectual property infringement. KCS will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, KCS may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. KCS will terminate access for Users who are repeat infringers.
10.2 Notifying KCS of Copyright Infringement: To provide KCS notice of an infringement, you must provide a written communication to the attention of "Trust and Site Security" care of email@example.com.
10.3 Providing KCS with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content., we recommended seeking advice of an attorney.
11. Additional Terms in Connection with Use of Recruitment Edge Services. If, in your Service Activation Agreement with KCS, you are purchasing our Recruitment Edge Services, the following additional terms apply to you:
11.1 Recruitment Edge aggregates data from the open web by scanning professional networking sites, talent hubs, blogs, publications and journals, and scanning social networks to find talent. Recruitment Edge may solely be used for candidate lead generation purposes and to make initial contact with possible candidates and must not be used to evaluate a job applicant's eligibility for employment or a current employee's eligibility for continued employment, reassignment or promotion. You are prohibited from reviewing profiles of persons who are employed by you or who have already expressed interest in employment with you outside of the Recruitment Edge platform. Any information regarding a potential candidate that is obtained from Recruitment Edge is largely derived from public sources and is not guaranteed or verified to be accurate or up to date. Accordingly, such information should not be maintained in the individual's application file or in any subsequent employee file.
11.2 KCS grants Company a limited, personal, terminable, non-transferable, non-exclusive right to access Recruitment Edge via the Sites for the purpose of viewing and/or downloading a single copy of available profiles (collectively, "Profiles") solely for Company's internal use. Recruitment Edge is to be accessed and used solely by Company through its authorized Users. Company may download, one at a time, up to either 150 Profiles per day (per Recruitment Edge user license). Please note that the term "download" shall include: (i) viewing or clicking on a Profile page; (ii) saving a Profile to a folder; (iii) printing a Profile; (iv) copying a Profile; (v) emailing or forwarding a Profile; and/or (vi) any other action that results or could result in Company's use of a Profile or any of the information contained therein. In addition, if a search in Recruitment Edge yields a Profile for a potential candidate who is part of the KCS Search Database, then the search will count against that Search Database Seat's monthly download limit rather than the Recruitment Edge Seat's daily download limit.
12. Additional Terms in Connection with Use of Recruitment Analytics Services. If, in your Service Activation Agreement with KCS, you are purchasing any of our Recruitment Analytics Services, the following additional terms apply to you:
12.1 Use of Reports.
KCS hereby grants you a limited, non-exclusive, non-assignable (except as otherwise provided in this Agreement), worldwide right and license to: (a) store and use any Recruitment Analytics Services for your internal management, reference or informational purposes, and (b) distribute copies of any reports generated by the Recruitment Analytics Services (each a "Report"), subject to the conditions that (i) such copies may be distributed only in printed or static electronic PDF format, (ii) in providing a copy of any Report to a recipient, you may not charge the recipient any kind of fee or other consideration, and (iii) you shall not remove or modify any branding, marks, copyright or trademark notices, or any other notices or disclaimers set forth in any Report without KCS prior written consent, or otherwise modify the Report in any way so as to falsely or otherwise misrepresent its content. Further, you may not issue press releases or make other public statements regarding any Report, or the contents or conclusions in same, without the express written consent of KCS.
12.2 Use of Your Data.
If you have purchased Recruitment Analytics Services, then you may provide KCS with the names, addresses, telephone numbers, e-mail addresses, resumes and other personally identifiable information of Job Seekers sourced from your own files ("Job Seeker Data"). You hereby grant KCS a non-exclusive license to use, copy, modify, store, transmit and display Job Seeker Data solely to the extent reasonably required to provide and maintain the Services for Company's use. Notwithstanding the foregoing, you understand and agree that KCS may derive Aggregate Data from the Job Seeker Data and may use such Aggregate Data in accordance with section 4.6.
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