1. Usage of Focalyt
-
The Focalyt Platform (including any mobile based applications,
website and web applications) is provided by Focalyt. Through the
Focalyt Platform any person with a verified account can post jobs
("Job Poster") to the Focalyt Platform, access and participate in the
services provided by Focalyt. By using Focalyt Platform, you consent to
the terms of the Terms of Service in addition to our Privacy
Policy.
-
A Job Poster accessing the Focalyt Platform shall be bound by these
Terms of Service, and all other rules, regulations and terms of use
referred to herein or provided by Focalyt in relation to any services
provided via the Focalyt Platform ("Focalyt Services").
-
Focalyt shall be entitled to modify these Terms of Service, rules,
regulations and terms of use referred to herein or provided by Focalyt
in relation to any Focalyt Services, at any time, by posting the same
on the Focalyt Platform. Use of Focalyt constitutes the Job Poster's
acceptance of such modified Terms of Service, rules, regulations and
terms of use referred to herein or provided by Focalyt in relation to
any Focalyt Services, as may be amended from time to time. Focalyt may,
at its sole discretion, also notify the Job Poster of any change or
modification in these Terms of Service, rules, regulations and terms
of use referred to herein or provided by Focalyt, by way of sending an
email to the Job Poster's registered email address or posting
notifications in the Job Poster accounts. The Job Poster may then
exercise the options provided in such an email or notification to
indicate non-acceptance of the modified Terms of Service, rules,
regulations and terms of use referred to herein or provided by
Focalyt. If such options are not exercised by the Job Poster within
the time frame prescribed in the email or notification, the Job
Poster will be deemed to have accepted the modified Terms of
Service, rules, regulations and terms of use referred to herein or
provided by Focalyt.
-
Certain Focalyt Services being provided on Focalyt may be subject to
additional rules and regulations set down in that respect. To the
extent that these Terms of Service are inconsistent with the
additional conditions set down, the additional conditions shall
prevail. Focalyt may, at its sole and absolute discretion:
-
Restrict, suspend, or terminate any Job Poster's access to all
or any part of the Focalyt Platform or Focalyt Services;
-
Change, suspend, or discontinue all or any part of the Focalyt
Platform or Focalyt Services;
-
Reject, move, or remove any material that may be submitted by a Job
Poster;
-
Move or remove any content that is available on the Focalyt
Platform;
-
Deactivate or delete a Job Poster's account and all related
information and files on the account;
-
Establish general practices and limits concerning use of Focalyt
Platform;
-
Assign its rights and liabilities to all Job Poster accounts
hereunder to any entity (post such assignment intimation of such
assignment shall be sent to all Job Posters to their registered
email ids).
-
In the event any Job Poster breaches, or Focalyt reasonably believes
that such Job Poster has breached these Terms of Service, or has
illegally or improperly used the Focalyt Platform or Focalyt Services,
Focalyt may, at its sole and absolute discretion, and without any
notice to the Job Poster, restrict, suspend or terminate such Job
Poster's access to all or any part of the Focalyt Platform,
deactivate or delete the Job Poster's account and all related
information on the account, delete any content posted by the Job
Poster on Focalyt and further, take technical and legal steps as it
deems necessary.
-
If Focalyt charges its Job Posters a platform fee in respect of any
Focalyt Services, Focalyt shall, without delay, repay such platform fee
in the event of suspension or removal of the Job Poster's
account or Focalyt Services on account of any negligence or deficiency
on the part of Focalyt, but not if such suspension or removal is
affected due to:
-
any breach or inadequate performance by the Job Poster of any of
these Terms of Service; or
-
any circumstances beyond the reasonable control of Focalyt.
-
By accepting these Terms of Service Job Posters are providing their
consent to receiving communications such as announcements,
administrative messages and advertisements from Focalyt or any of its
partners, licensors or associates.
2. Participation
-
When accessing and interacting with the Focalyt Platform and Focalyt
Services a Job Poster will be able to post jobs to source and hire
potential candidates and employees for the Job Poster's
organization, view the profiles of suitable candidates who have the
requisite skills and experience for the particular job(s) that the
Job Poster is hiring for and schedule interviews with potential
candidates/employees.
-
To post a job a Job Poster shall be required to provide information
about the job such as the job role, whether the job is part-time or
full time, the days of work, work timings, the salary range for the
job, the number of openings for the said job the minimum education
level and the level of experience required for the job. While Focalyt
does not tolerate or allow for discrimination on the basis of
gender, Focalyt also recognizes that certain jobs might be gender
specific and Job Posters have the option of specifying whether a job
is gender specific. By agreeing to these Terms of Service and while
posting a job on the Focalyt Platform, Job Posters undertake that all
information posted about a job will at all times be accurate, not be
misleading that the Job Poster is not indulging in any
discriminatory practices. The Job Poster understands and
acknowledges that any incorrect information or misrepresentations
about a job will affect the efficacy of the Focalyt Platform and Focalyt
Services and that Focalyt shall have the right to remove a job posting
or suspend the Job Poster’s account.
-
The job applications by the candidates on the Focalyt Platform shall
remain active only for a period of 60 (sixty) days from the date of
application to the job posts and upon the expiry of the said period
of 60 (sixty) days, such job applications shall be archived
("Archived Job Applications"). The Job Posters shall not have access to the list to the
list of such candidates or to the Archived Job Applications upon the
expiry of 60 (sixty) days. The candidates, however, may re-apply to
a job post (if still active) after the expiry of 60 (sixty) days
from the date such candidate made their first application to the
same job post.
-
Job Posters agree that they shall at all times be bound by and
adhere to the Code of Conduct while posting jobs through the Focalyt
Platform and while using the Focalyt Services.
3. Intellectual Property
-
The intellectual property rights ("Intellectual Property Rights")in all software underlying the Focalyt Platform and the Focalyt
Services and material published on the Focalyt Platform, including
(but not limited to) software, advertisements, content (whether
written, audio and/or visual), photographs, graphics, images,
illustrations, graphs, charts, marks, logos, audio or video
clippings, animations etc. is owned by Focalyt, its affiliates,
partners, licensors and/or associates. Job Posters may not modify,
publish, transmit, participate in the transfer or sale of,
reproduce, create derivative works of, distribute, publicly perform,
publicly display, or in any way exploit any of the materials or
content on Focalyt either in whole or in part without express written
license from Focalyt
-
Job Posters are solely responsible for all materials (whether
publicly posted or privately transmitted) that they upload, post,
e-mail, transmit, or otherwise make available via the Focalyt Platform
("Job Posters' Content"). Each Job Poster represents and warrants that they own all
Intellectual Property Rights in the Job Posters’ Content and
that no part of the Job Poster's Content infringes any
third-party rights. Job Posters further confirm and undertake to not
display or use of the names, logos, marks, labels, trademarks,
copyrights or intellectual and proprietary rights of any third party
on the Focalyt Platform, without written authorization from such third
party. Job Posters agree to indemnify and hold harmless Focalyt, its
directors, employees, affiliates and assigns against all costs,
damages, loss and harm including towards litigation costs and
counsel fees, in respect of any third party claims that may be
initiated including for infringement of Intellectual Property Rights
arising out of such display or use of the names, logos, marks,
labels, trademarks, copyrights or intellectual and proprietary
rights on the Focalyt Platform, by such Job Poster or through the Job
Poster's commissions or omissions
-
Job Posters hereby grant to Focalyt and its affiliates, partners,
licensors and associates a worldwide, irrevocable, royalty-free,
non-exclusive, sub-licensable license to use, reproduce, create
derivative works of, distribute, publicly perform, publicly display,
transfer, transmit, and/or publish Job Posters' Content for any
of the following purposes:
-
displaying Job Posters' Content on Focalyt
-
distributing Job Posters' Content, either electronically or via
other media, to potential candidates, and/or
-
storing Job Posters' Content in a remote database accessible by
end users, for a charge.
-
This license shall apply to the distribution and the storage of Job
Posters' Content in any form, medium, or technology.
-
All names, logos, marks, labels, trademarks, copyrights or
intellectual and proprietary rights on the Focalyt Platform belonging
to any person (including a Job Poster), entity or third party are
recognized as proprietary to the respective owners and any claims,
controversy or issues against these names, logos, marks, labels,
trademarks, copyrights or intellectual and proprietary rights must
be directly addressed to the respective parties under notice to
Focalyt.
4. Third Party Sites, Services and Products
-
Links to other Internet sites or mobile applications owned and
operated by third parties may be provided via the Focalyt Platform.
Job Posters' use of each of those sites is subject to the
conditions, if any, posted by those sites. Focalyt does not exercise
control over any Internet sites or mobile applications apart from
the Focalyt Platform and cannot be held responsible for any content
residing in any third-party Internet site or mobile application.
Focalyt's inclusion of third-party content or links to third-party
Internet sites or mobile applications is not an endorsement by Focalyt
of such third-party Internet site or mobile application.
-
Job Posters' correspondence, transactions/offers or related
activities with third parties including but not limited to potential
candidates, payment providers and verification service providers,
are solely between the Job Poster and that third party. Job
Posters' correspondence, transactions and usage of the
services/offers of such third party shall be subject to the terms
and conditions, policies and other service terms adopted/implemented
by such third party, and the Job Poster shall be solely responsible
for reviewing the same prior to transacting or availing of the
services/offers of such third party. The Job Poster agrees that
Focalyt will not be responsible or liable for any loss or damage of
any sort incurred as a result of any such transactions/offers with
third parties. Any questions, complaints, or claims related to any
third-party product or service should be directed to the appropriate
vendor.
-
The Focalyt Platform contains content that is created by Focalyt as
well as content provided by third parties (including potential
candidates). Focalyt does not guarantee the accuracy, integrity,
quality of the content provided by third parties and such content
may not relied upon by the Job Posters in utilizing the Focalyt
Services provided on the Focalyt Platform.
5. Participation
-
All information collected from Job Posters, such as registration
(including but not limited to email addresses, mobile phone numbers,
government identity documentation) and payment information, is
subject to Focalyt's Privacy Policy which is available at Privacy
Policy.
-
We do not share personal information of any individual with other
companies/entities without obtaining permission. We may share all
such information that we have in our possession in accordance with
our Privacy Policy
-
Once the personal information has been shared with you, you shall,
at all times, be responsible to secure such information.
-
You warrant and represent that you shall not disclose or transfer
personal information shared by us to any sub-processors without
ensuring that adequate and equivalent safeguards to the personal
information.
-
You, hereby agree and acknowledge that you will use the information
shared with you only for the purpose of the Services. You shall not
use such information for any personal or other business purposes. In
the event you are found to be misusing the information shared with
you, we shall, at our sole discretion, delete your account with
immediate effect and you will be blocked from using/ accessing Focalyt
Platform in future.
6. Job Poster Conduct
-
Job Posters agree to abide by these Terms of Service and all other
rules, regulations and terms of use of the Website. In the event Job
Poster does not abide by these Terms of Service and all other rules,
regulations and terms of use, Focalyt may, at its sole and absolute
discretion, take necessary remedial action, including but not
limited to:
-
restricting, suspending, or terminating any Job Poster's access
to all or any part of Focalyt Services;
-
deactivating or deleting a Job Poster's account and all related
information and files on the account. Any amount remaining unused in
the Job Poster's account on the date of deactivation or deletion
shall be transferred to the Job Poster's bank account on record
with Focalyt subject to a processing fee (if any) applicable on such
transfers as set out herein.
-
Job Posters agree to provide true, accurate, current and complete
information at the time of registration and at all other times (as
required by Focalyt). Job Posters further agree to update and keep
updated their registration information and information related to
job posts made on the Focalyt Platform.
-
A Job Poster shall not register or operate more than one Job Poster
account with Focalyt.
-
Job Posters agree to ensure that they can receive all communication
from Focalyt by marking e-mails or sending SMSs from Focalyt. Focalyt
shall not be held liable if any e-mail/SMS remains unread by a Job
Poster as a result of such e-mail getting delivered to the Job
Poster's junk or spam folder.
-
Any password issued by Focalyt to a Job Poster may not be revealed to
anyone else. Job Posters may not use anyone else's password. Job
Posters are responsible for maintaining the confidentiality of their
accounts and passwords. Job Posters agree to immediately notify
Focalyt of any unauthorized use of their passwords or accounts or any
other breach of security.
-
Job Posters agree to exit/log-out of their accounts at the end of
each session. Focalyt shall not be responsible for any loss or damage
that may result if the Job Poster fails to comply with these
requirements.
-
Job Posters agree not to use cheats, exploits, automation,
software, bots, hacks or any unauthorized third-party software
designed to modify or interfere with the Focalyt Services and/or Focalyt
experience or assist in such activity.
-
Job Posters agree not to copy, modify, rent, lease, loan, sell,
assign, distribute, reverse engineer, grant a security interest in,
or otherwise transfer any right to the technology or software
underlying Focalyt or Focalyt’s Services.
-
Job Posters agree that without Focalyt's express written consent,
they shall not modify or cause to be modified any files or software
that are part of Focalyt's Services or the Focalyt Platform.
-
Job Posters agree not to disrupt, overburden, or aid or assist in
the disruption or overburdening of (a) any computer or server used
to offer or support Focalyt or the Focalyt’s Services (each a
"Server"); or (2) the enjoyment of Focalyt Services by any
other Job Poster or person.
-
Job Posters agree not to institute, assist or become involved in
any type of attack, including without limitation to distribution of
a virus, denial of service, or other attempts to disrupt Focalyt
Services or any other person's use or enjoyment of Focalyt
Services.
-
Job Posters shall not attempt to gain unauthorised access to Job
Poster accounts, Servers or networks connected to Focalyt Services by
any means other than the Job Poster interface provided by Focalyt,
including but not limited to, by circumventing or modifying,
attempting to circumvent or modify, or encouraging or assisting any
other person to circumvent or modify, any security, technology,
device, or software that underlies or is part of Focalyt
Services.
-
A Job Poster shall not publish any content that is patently false
and untrue, and is written or published in any form, with the intent
to mislead or harass a person, entity or agency for financial gain
or to cause any injury to any person.
-
Without limiting the foregoing, Job Posters agree not to use Focalyt
for any of the following:
-
To engage in any obscene, offensive, indecent, racial, communal,
anti-national, objectionable, defamatory or abusive action or
communication;
-
To harass, stalk, threaten, or otherwise violate any legal rights
of other individuals;
-
To publish, post, upload, e-mail, distribute, or disseminate
(collectively, "Transmit") any inappropriate, profane,
defamatory, infringing, obscene, indecent, or unlawful
content;
-
To Transmit files that contain viruses, corrupted files, or any
other similar software or programs that may damage or adversely
affect the operation of another person's computer, Focalyt, any
software, hardware, or telecommunications equipment;
-
To advertise, offer or sell any goods or services for any
commercial purpose on Focalyt including but not limited to multi-level
marketing for a third party, promoting business of a third party,
selling financial products such as loans, insurance, promoting demat
account openings, without the express written consent of
Focalyt;
-
To download any file, recompile or disassemble or otherwise affect
our products that you know or reasonably should know cannot be
legally obtained in such manner;
-
To falsify or delete any author attributions, legal or other proper
notices or proprietary designations or labels of the origin or the
source of software or other material;
-
To restrict or inhibit any other Job Poster from using and enjoying
any public area within our sites;
-
To collect or store personal information about other Job
Posters;
-
To collect or store information about potential candidates;
-
To mine information relating to potential candidates with the aim
of creating a database of potential candidates whether or not such
database is used or meant to be used by the Job Poster or any third
party associated with the Job Poster or to whom such Job Poster
makes such mined information available, for either a commercial
purpose of for the Job Poster’s own use at a future
date;
-
To interfere with or disrupt the Focalyt and/or the Focalyt Platform,
Focalyt servers, or Focalyt networks;
-
To impersonate any person or entity, including, but not limited to,
a representative of Focalyt, or falsely state or otherwise
misrepresent Job Poster's affiliation with a person or
entity;
-
To forge headers or manipulate identifiers or other data in order
to disguise the origin of any content transmitted through Focalyt or
to manipulate Job Poster's presence on the Focalyt Platform;
-
To take any action that imposes an unreasonably or
disproportionately large load on Focalyt’s infrastructure;
-
To engage in any illegal activities.
-
To engage in any action that 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 other nation.
-
If a Job Poster chooses a username that, in Focalyt's considered
opinion is obscene, indecent, abusive or that might subject Focalyt to
public disparagement or scorn, or a name which is an official
team/league/franchise names and/or name of any sporting personality,
as the case may be, Focalyt reserves the right, without prior notice
to the Job Poster, to restrict usage of such names, which in
Focalyt’s opinion fall within any of the said categories and/or
change such username and intimate the Job Poster or delete such
username and posts from Focalyt, deny such Job Poster access to Focalyt,
or any combination of these options.
-
Unauthorized access to the Focalyt Platform is a breach of these
Terms of Service, and a violation of the law. Job Posters agree not
to access the Focalyt Platform by any means other than through the
interface that is provided by Focalyt via the Focalyt Platform for use
in accessing the Focalyt Platform. Job Posters agree not to use any
automated means, including, without limitation, agents, robots,
scripts, or spiders, to access, monitor, or copy any part of the
Focalyt Platform, Focalyt Services or any information available for
access through the Focalyt Platform or Focalyt Services, except those
automated means that Focalyt has approved in advance and in
writing.
-
Use of the Focalyt Platform is subject to existing laws and legal
processes. Nothing contained in these Terms of Service shall limit
Focalyt's right to comply with governmental, court, and
law-enforcement requests or requirements relating to Job
Posters' use of Focalyt.
-
Persons below the age of eighteen (18) years are not allowed to
register with the Focalyt Platform. All persons interested in becoming
Focalyt Job Posters might be required by Focalyt to disclose their age
at the time of getting access to the Focalyt Platform. If a person
declares a false age, Focalyt shall not be held responsible and such
person shall, in addition to forfeiting any and all rights over
their Focalyt account, shall indemnify and hold Focalyt, its Directors,
officers, employees, agents, affiliates harmless of any and all
losses that may be suffered by Focalyt its Directors, officers,
employees, agents, affiliates by virtue of such false declaration
being made. In case the person making the false declaration is below
the age of 18 such person’s legal guardians shall indemnify
and hold Focalyt, its Directors, officers, employees, agents,
affiliates harmless of any and all losses that may be suffered by
Focalyt its Directors, officers, employees, agents, affiliates by
virtue of such false declaration having been made by said
person.
-
Focalyt may not be held responsible for any content contributed by
Job Posters on the Focalyt Platform.
7. Eligibility
-
The Focalyt Platform is open only to persons above the age of 18
years.
-
The Focalyt Platform is open only to persons, currently residing in
India.
-
Persons who wish to participate must have a valid email address
and/or mobile phone number.
-
Focalyt may on receipt of information bar a person from accessing
their Focalyt account if such person is found to be in violation of
any part of these Terms of Service or the Code of Conduct.
-
Only those Job Posters who have successfully registered on the
Focalyt Platform shall be eligible to Post Jobs.
8. Dispute and Dispute Resolution
-
If any dispute arising out of, or in connection with, the Focalyt
Services provided by Focalyt via the Focalyt Platform, the construction,
validity, interpretation and enforceability of these Terms of
Service, or the rights and obligations of the Job Poster(s) or
Focalyt, as well as the exclusive jurisdiction to grant interim or
preliminary relief in case of any dispute referred to arbitration as
given below arises between the Job Poster(s) and Focalyt ("Dispute"), the disputing parties hereto shall endeavor to settle such
Dispute amicably. The attempt to bring about an amicable settlement
shall be considered to have failed if not resolved within 30
(thirty) days from the date of communicating the Dispute in
writing.
-
If the parties are unable to amicably settle the Dispute as
mentioned above, any party to the Dispute shall be entitled to serve
a notice invoking Arbitration. The Dispute shall be referred to and
finally resolved by arbitration. The Arbitration shall be conducted
by an Arbitral Tribunal consisting of a sole arbitrator in
accordance with the Rules of the Delhi International Arbitration
Centre ("DIAC Rules"), which rules are deemed to be incorporated by reference in
this clause. The seat of the arbitration shall be New Delhi. The
Tribunal shall consist of one arbitrator. The language of the
arbitration shall be English. The law governing the arbitration
agreement shall be Indian Law.
-
Nothing shall preclude any Party from seeking interim or permanent
equitable or injunctive relief, or both, from the competent courts
at New Delhi, having jurisdiction to grant relief on any Disputes.
The pursuit of equitable or injunctive relief shall not be a waiver
of the duty of the Parties to pursue any remedy (including for
monetary damages) through the arbitration described herein.
-
The arbitration award will be final and binding on the
Parties.
9. Release and Limitations of Liability
-
Job Posters shall access the Focalyt Services provided via the Focalyt
Platform voluntarily and at their own risk. Focalyt shall, under no
circumstances be held responsible or liable on account of any loss
or damage sustained by Job Posters or any other person or entity
during the course of access to the Focalyt Platform.
-
By accessing the Focalyt Platform and Focalyt Services provided
therein, Job Posters hereby release from and agree to indemnify
Focalyt, and/or any of its directors, employees, partners, associates
and licensors, from and against all liability, cost, loss or expense
arising out their access of the Focalyt Platform and the Focalyt
Services including (but not limited to) personal injury and damage
to property and whether direct, indirect, consequential,
foreseeable, due to some negligent act or omission on their part, or
otherwise.
-
Focalyt accepts no liability, whether jointly or severally, for any
errors or omissions, whether on behalf of itself or third parties in
relation to the data/information collated and published on the Focalyt
Platform.
-
Job Posters shall be solely responsible for any consequences which
may arise due to their access of Focalyt Services by conducting an
illegal act or due to non-conformity with these Terms of Service and
other rules and regulations in relation to Focalyt Services, including
provision of incorrect personal details. Job Posters also undertake
to indemnify Focalyt and their respective officers, directors,
employees and agents on the happening of such an event (including
without limitation cost of attorney, legal charges etc.) on full
indemnity basis for any loss/damage suffered by Focalyt on account of
such act on the part of the Job Posters.
-
Job Posters shall indemnify, defend, and hold Focalyt harmless from
any third party/entity/organization claims arising from or related
to such Job Poster's engagement with the Focalyt Platform. In no
event shall Focalyt be liable to any Job Poster for acts or omissions
arising out of or related to Job Poster's engagement with the
Focalyt Platform.
-
In consideration of Focalyt allowing Job Posters to access the Focalyt
Platform, to the maximum extent permitted by law, the Job Posters
waive and release each and every right or claim, all actions, causes
of actions (present or future) each of them has or may have against
Focalyt, its respective agents, directors, officers, business
associates, group companies, sponsors, employees, or representatives
for all and any injuries, accidents, or mishaps (whether known or
unknown) or (whether anticipated or unanticipated) arising out of
the provision of Focalyt Services.
10. Disclaimers
-
To the extent permitted under law, neither Focalyt nor its
parent/holding company, subsidiaries, affiliates, directors,
officers, professional advisors, employees shall be responsible for
the deletion, the failure to store, the mis-delivery, or the
untimely delivery of any information or material.
-
To the extent permitted under law, Focalyt shall not be responsible
for any harm resulting from downloading or accessing any information
or material, the quality of servers, products, Focalyt Services or
sites.
-
Any material accessed, downloaded or otherwise obtained through the
Focalyt Platform is done at the Job Poster's discretion,
competence, acceptance and risk, and the Job Poster will be solely
responsible for any potential damage to Job Poster's computer
system or loss of data that results from a Job Poster's download
of any such material.
-
Focalyt shall make best endeavours to ensure that the Focalyt(s) is
error-free and secure, however, neither Focalyt nor any of its
partners, licensors or associates makes any warranty that:
-
the Focalyt Platform will meet Job Posters' requirements,
-
Focalyt Platform will be uninterrupted, timely, secure, or error
free
-
the results that may be obtained from the use of Focalyt Platform
will be accurate or reliable; and
-
the quality of any products, Focalyt Services, information, or other
material that Job Posters purchase or obtain through the Focalyt
Platform will meet Job Posters' expectations.
-
In case Focalyt discovers any error, Focalyt reserves the right
(exercisable at its discretion) to rectify the error in such manner
as it deems fit, including through a set-off of the erroneous
payment from amounts due to the Job Poster or deduction from the Job
Poster's account of the amount of erroneous payment. In case of
exercise of remedies in accordance with this clause, Focalyt agrees to
notify the Job Poster of the error and of the exercise of the
remedy(ies) to rectify the same.
-
To the extent permitted under law, neither Focalyt nor its partners,
licensors or associates shall be liable for any direct, indirect,
incidental, special, or consequential damages arising out of the use
of or inability to use our sites, even if we have been advised of
the possibility of such damages.
-
Any Focalyt Services being hosted or provided, or intended to be
hosted on the Focalyt platform and requiring specific permission or
authority from any statutory authority or any state or the central
government, or the board of directors shall be deemed cancelled or
terminated, if such permission or authority is either not obtained
or denied either before or after the availability of the relevant
Focalyt Services are hosted or provided.
-
To the extent permitted under law, in the event of suspension or
closure of any Focalyt Services Job Posters shall not be entitled to
make any demands, claims, on any nature whatsoever.
11. Grievance Redressal Mechanism
-
In case a Job Poster has any complaints or grievance pertaining to
(i) any Content that a Job Poster believes violates these Terms
(other than an infringement of Intellectual Property Rights), (ii)
Job Posters’ access to the Focalyt Platform or (iii) any Content
which a Job Poster believes is, prima facie, in the nature of any
material which is obscene, defamatory towards the complainant or any
person on whose behalf such Job Poster is making the complaint, or
is in the nature of impersonation in an electronic form, including
artificially morphed images of such individual, please share the
same with us by writing to us.
-
In the complaint or grievance, the Job Poster shall include the
following information:
-
Name and contact details: name, address, contact number and email
address;
-
Relation to the subject matter of the complaint, i.e. complainant
or person acting on behalf of an affected person;
-
The name and age of the person aggrieved or affected by the subject
matter of the complaint, in case the Job Poster is acting on behalf
of such person and a statement that the Job Poster is authorised to
act on behalf of such person and to provide such person's
personal information to Focalyt in relation to the
complaint/grievance;
-
Description of the complaint or grievance with clear identification
of the Content in relation to which such complaint or grievance is
made;
-
A statement that the Job Poster believes, in good faith, that the
Content violates these Terms and Conditions;
-
A statement that the information provided in the complaint or
grievance is accurate.
-
Focalyt respects the Intellectual Property Rights of others. All
names, logos, marks, labels, trademarks, copyrights or intellectual
and proprietary rights on the Focalyt Platform belonging to any person
(including Job Poster), entity or third party are recognized as
proprietary to the respective owners. Job Posters are requested to
send Focalyt a written notice/ intimation if Job Posters notice any
act of infringement on the Focalyt Platform, which must include the
following information:
-
A clear identification of the copyrighted work allegedly
infringed;
-
A clear identification of the allegedly infringing material on the
Focalyt Platform;
-
Contact details: name, address, e-mail address and phone
number;
-
A statement that the Job Poster believes, in good faith, that the
use of the copyrighted material allegedly infringed on the Focalyt
Platform is not authorized by the Job Poster’s agent or the
law;
-
A statement that the information provided in the notice is accurate
and that the signatory is authorized to act on behalf of the owner
of an exclusive copyright right that is allegedly infringed;
-
Job Poster’s signature or a signature of the Job
Poster’s authorized agent.
-
The aforesaid notices can be sent to the Company by email
atratika.grievance@Focalyt.co.
-
On receiving such a complaint, grievance or notice, Focalyt reserves
the right to investigate and/or take such action as Focalyt may deem
appropriate. Focalyt may reach out to the Job Poster to seek further
clarification or assistance with the investigation, or verify the
statements made in the complaint, grievance or notice, and the Job
Poster acknowledges that timely assistance with the investigation
would facilitate the redressal of the same.
-
The Grievance Officer identified above pursuant to the provisions
of applicable laws including but not limited to the Information
Technology Act, 2000 and the Consumer Protection Act, 2019, and the
Rules enacted under those laws. The Company reserves the right to
replace the Grievance Redressal Officer at its discretion through
publication of the name and title of such replacement on the
website, which replacement shall come into effect immediately upon
publication.
12. Paid Services
-
If you subscribe to our paid Services ("Paid Services"), you agree to adhere to the additional terms specific to
the Paid Services.