1. Usage of Focalyt
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The Focalyt Platform (including any mobile based applications,
website and web applications) is provided by Focalyt Inc. (“Focalyt
Inc.”) either directly or through its affiliates including but not
limited to Focalyt time Tech Private Limited (“Focalyt India”). Focalyt Inc. and
Focalyt India are collectively
referred to as "Focalyt ". Through the Focalyt
Platform any person with a verified
account can view and apply for jobs (“User”) through
the Focalyt Platform, access and participate in the
services provided by Focalyt . Jobs are posted by independent third
parties not related to or affiliated with Focalyt .
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A User 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”).
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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 the Focalyt
Platform and Focalyt Services constitutes the User'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 User
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 User's registered email address
or posting notifications in the User accounts or through any other
mode of communication. The User 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 User within the time frame prescribed in the
email or notification, the User will be deemed to have accepted the
modified Terms of Service, rules, regulations and terms of use
referred to herein or provided by Focalyt .
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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.
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Focalyt may, at its sole and absolute discretion:
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Restrict, suspend, or terminate any User’s access to all or any
part of the Focalyt Platform or Focalyt Services;
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Change, suspend, or discontinue all or any part of the Focalyt
Platform or Focalyt Services;
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Reject, move, or remove any material that may be submitted by a
User;
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Move or remove any content that is available on the Focalyt
Platform;
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Deactivate or delete a User’s account and all related information
and files on the account;
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Establish general practices and limits concerning use of Focalyt
Platform;
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Assign its rights and liabilities to all User accounts hereunder to
any entity (post such assignment intimation of such assignment shall
be sent to all Users to their registered email ids).
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In the event any User breaches, or Focalyt reasonably believes
that such User 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 User, restrict, suspend or terminate such User's
access to all or any part of the Focalyt Platform, deactivate or
delete the User's account and all related information on the
account, delete any content posted by the User on Focalyt and
further, take technical and legal steps as it deems necessary.
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If Focalyt charges its Users a platform fee in advance in
respect of any Focalyt Services, Focalyt shall, without
delay, repay such platform fee in the event of suspension or removal
of the User'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 effected due to:
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any breach or inadequate performance by the User of any of these
Terms of Service; or
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any circumstances beyond the reasonable control of Focalyt .
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By accepting these Terms of Service Users 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
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When accessing and interacting with the Focalyt Platform and
Focalyt Services a User will be able to view and apply for jobs
posted by potential employers for their respective
organizations.
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To view and apply for a job a User shall be required to provide
information about the User’s education, qualifications, past
experience and skills. While Focalyt does not tolerate or allow
for discrimination on the basis of gender, certain jobs might be
gender specific and might be available only to persons of a certain
gender. The User understands and acknowledges that such stipulations
as to gender specifications for a certain job are not mandated by
Focalyt and that such stipulation is made by the job
poster.
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By agreeing to these Terms of Service and while applying for a job
through the Focalyt Platform, Users undertake that all
information shared will at all times be accurate and not be
misleading. The User understands and acknowledges that any incorrect
information or misrepresentations made by the User will affect the
efficacy of the Focalyt Platform and Focalyt Services and
that Focalyt shall have the right to suspend the User’s account
if it is found that the information shared by the User is false or
misleading.
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The job applications by the Users 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 potential employers shall not have access to the list of
such Users or to the Archived Job Applications upon the expiry of 60
(sixty) days. The Users, however, may re-apply to a job post (if
still active) after the expiry of 60 (sixty) days from the date such
User made their first application to the same job post.
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Users agree that they shall at all times be bound by and adhere to
theCode
of Conductwhile accessing the Focalyt Platform and while using
the Focalyt
Services.
3. Intellectual Property
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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. Users 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
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Users 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
("User’s Content"). Each User represents and
warrants that they own all
Intellectual Property Rights in the User’s Content and that no part
of the User's Content infringes any third-party rights. Users
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. Users 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 User or through the User's commissions or
omissions
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Users 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 User's Content for any of the
following purposes:
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displaying User’s Content on Focalyt
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distributing User’s Content, either electronically or via other
media, to potential candidates, and/or
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storing User’s Content in a remote database accessible by end
users, for a charge.
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This license shall apply to the distribution and the storage of
User’s Content in any form, medium, or technology.
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All names, logos, marks, labels, trademarks, copyrights or
intellectual and proprietary rights on the Focalyt Platform
belonging to any person (including a User), 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
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Links to other Internet sites or mobile applications owned and
operated by third parties may be provided via the Focalyt
Platform. The User’s 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.
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A User’s correspondence, transactions/offers or related activities
with third parties including but not limited to potential employers,
payment providers and verification service providers, are solely
between the User and that third party. A User’s 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 User
shall be solely responsible for reviewing the same prior to
transacting or availing of the services/offers of such third party.
The User 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.
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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 Users in utilizing the Focalyt
Services provided on the Focalyt Platform.
5. Privacy Policy
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All information collected from Users, 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
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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
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Once the personal information has been shared with you, you shall,
at all times, be responsible to secure such information.
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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.
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You, hereby agree and acknowledge that you will use the information
shared with you only for the purpose of availing 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 .User Conduct
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Users agree to abide by these Terms of Service and all other rules,
regulations and terms of use of the Focalyt Platform and Focalyt
Services. In the event User 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:
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restricting, suspending, or terminating any User's access to all or
any part of the Focalyt Platform and Focalyt Services;
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deactivating or deleting a User's account and all related
information and files on the account. Any amount remaining unused in
the User's account on the date of deactivation or deletion shall be
transferred to the User's bank account on record with Focalyt
subject to a processing fee (if any) applicable on such
transfers as set out herein.
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Users agree to provide true, accurate, current and complete
information at the time of registration and at all other times (as
required by Focalyt ). Users further agree to update and keep updated
their registration information and other information as may be
required by Focalyt .
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A User shall not register or operate more than one User account
with Focalyt .
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Users agree to ensure that they can receive all communication from
Focalyt either by email, SMS, Whatsapp or any other mode of
communication from Focalyt . Focalyt shall not be held liable if
any any communication sent to the User by Focalyt remains unread
by the User.
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Any password issued by Focalyt to a User may not be revealed to
anyone else. Users may not use anyone else's password. Users are
responsible for maintaining the confidentiality of their accounts
and passwords. Users agree to immediately notify Focalyt of any
unauthorized use of their passwords or accounts or any other breach
of security.
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Users 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 User fails to comply with these
requirements.
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Users 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.
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Users 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 the Focalyt Platform or Focalyt ’s Services.
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Users 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.
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Users 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 the Focalyt Platform or Focalyt ’s Services (each
a "Server"); or (2) the enjoyment of Focalyt
Services by any other User
or person.
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Users 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.
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Users shall not attempt to gain unauthorised access to User
accounts, Servers or networks connected to the Focalyt Platform
or Focalyt Services by any means other than the User 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 the
Focalyt Platform or Focalyt Services.
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A User 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.
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Without limiting the foregoing, Users agree not to use Focalyt
for any of the following:
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To engage in any obscene, offensive, indecent, racial, communal,
anti-national, objectionable, defamatory or abusive action or
communication;
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To harass, stalk, threaten, or otherwise violate any legal rights
of other individuals;
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To publish, post, upload, e-mail, distribute, or disseminate
(collectively, "Transmit") any inappropriate, profane, defamatory,
infringing, obscene, indecent, or unlawful content;
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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;
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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 ;
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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;
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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;
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To restrict or inhibit any other User from using and enjoying any
public area within our sites;
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To collect or store personal information about other Users;
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To collect or store information about potential candidates;
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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 User or any third party
associated with the User or to whom such User makes such mined
information available, for either a commercial purpose of for the
User’s own use at a future date;
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To interfere with or disrupt the Focalyt and/or the Focalyt
Platform, Focalyt servers, or Focalyt networks;
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To impersonate any person or entity, including, but not limited to,
a representative of Focalyt , or falsely state or otherwise
misrepresent User's affiliation with a person or entity;
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To forge headers or manipulate identifiers or other data in order
to disguise the origin of any content transmitted through Focalyt
or to manipulate User's presence on the Focalyt
Platform;
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To take any action that imposes an unreasonably or
disproportionately large load on Focalyt ’s infrastructure;
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To engage in any illegal activities.
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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.
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If a User 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 User, 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 User or delete such username and posts
from Focalyt , deny such User access to Focalyt , or any combination of
these options.
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Unauthorized access to the Focalyt Platform is a breach of
these Terms of Service, and a violation of the law. Users 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. Users
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.
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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 Users' use of
Focalyt .
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Persons below the age of eighteen (18) years are not allowed to
register with the Focalyt Platform. All persons interested in
becoming Focalyt Users 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.
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Focalyt may not be held responsible for any content contributed
by Users on the Focalyt Platform.
7. Eligibility
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The Focalyt Platform is open only to persons above the age of
18 years.
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The Focalyt Platform is open only to persons, currently
residing in India.
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Persons who wish to participate must have a valid email address
and/or mobile phone number.
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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 theCode
of Conduct.
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Only those Users who have successfully registered on the Focalyt
Platform shall be eligible to Post view and/or apply for jobs
via the Focalyt Platform.
8. Dispute and Dispute Resolution
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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 User(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 User(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.
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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.
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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.
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The arbitration award will be final and binding on the
Parties.
9. Release and Limitations of Liability
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Users 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 Users or any other person or entity
during the course of access to the Focalyt Platform.
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By accessing the Focalyt Platform and Focalyt Services
provided therein, Users 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.
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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.
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Users 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. Users 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 Users.
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Users shall indemnify, defend, and hold Focalyt harmless from
any third party/entity/organization claims arising from or related
to such User&apso;s engagement with the Focalyt Platform. In
no event shall Focalyt be liable to any User for acts or
omissions arising out of or related to User's engagement with the
Focalyt Platform.
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In consideration of Focalyt allowing Users to access the Focalyt
Platform, to the maximum extent permitted by law, the Users
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
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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.
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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.
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Any material accessed, downloaded or otherwise obtained through the
Focalyt Platform is done at the User&apso;s discretion,
competence, acceptance and risk, and the User will be solely
responsible for any potential damage to User's computer system or
loss of data that results from a User's download of any such
material.
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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:
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the Focalyt Platform will meet Users' requirements,
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Focalyt Platform will be uninterrupted, timely, secure, or
error free
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the results that may be obtained from the use of Focalyt
Platform will be accurate or reliable; and
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the quality of any products, Focalyt Services, information, or
other material that Users purchase or obtain through the Focalyt
Platform will meet Users' expectations.
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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 User or deduction from the User's
account of the amount of erroneous payment. In case of exercise of
remedies in accordance with this clause, Focalyt agrees to
notify the User of the error and of the exercise of the remedy(ies)
to rectify the same.
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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 Focalyt has
been advised of the possibility of such damages.
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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.
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To the extent permitted under law, in the event of suspension or
closure of any Focalyt Services Users shall not be entitled to
make any demands, claims, on any nature whatsoever.
11. Grievance Redressal Mechanism
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In case a User has any complaints or grievance pertaining to (i)
any Content that a User believes violates these Terms (other than an
infringement of Intellectual Property Rights), (ii) Users’ access to
the Focalyt Platform or (iii) any Content which a User believes
is, prima facie, in the nature of any material which is obscene,
defamatory towards the complainant or any person on whose behalf
such User 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.
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In the complaint or grievance, the User shall include the following
information:
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Name and contact details: name, address, contact number and email
address;
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Relation to the subject matter of the complaint, i.e. complainant
or person acting on behalf of an affected person;
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The name and age of the person aggrieved or affected by the subject
matter of the complaint, in case the User is acting on behalf of
such person and a statement that the User 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;
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Description of the complaint or grievance with clear identification
of the Content in relation to which such complaint or grievance is
made;
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A statement that the User believes, in good faith, that the Content
violates these Terms and Conditions;
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A statement that the information provided in the complaint or
grievance is accurate.
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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 User), entity or third party are
recognized as proprietary to the respective owners. Users are
requested to send Focalyt a written notice/ intimation if Users
notice any act of infringement on the Focalyt Platform, which
must include the following information:
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A clear identification of the copyrighted work allegedly
infringed;
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A clear identification of the allegedly infringing material on the
Focalyt Platform;
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Contact details: name, address, e-mail address and phone
number;
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A statement that the User believes, in good faith, that the use of
the copyrighted material allegedly infringed on the Focalyt
Platform is not authorized by the User’s agent or the
law;
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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;
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User’s signature or a signature of the User’s authorized
agent.
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The aforesaid notices can be sent to the Company by email to
us.
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On receiving such 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
User to seek further clarification or assistance with the
investigation, or verify the statements made in the complaint,
grievance or notice, and the User acknowledges that timely
assistance with the investigation would facilitate the redressal of
the same.
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Address:
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.