Terms And Services

Please read these terms of service (“Terms of Service”) and Our Privacy Policy (together, these “Terms”) carefully as they form a contract between the Customer, Users, End-Users or Candidates (“You”) and Us and govern use of and access to the Service(s) and Websites by You, Your Affiliates, Users and End-Users. In the event of a conflict between these Terms of Service and Our Privacy Policy, these Terms of Service shall prevail.

By accessing or using the Service(s) or Website or authorizing or permitting any User or End-User to access or use the Service(s) or Website, You agree to be bound by these Terms. If You are entering into these Terms on behalf of a company, organization or another legal entity (an “Entity”), You are agreeing to these Terms for that Entity and representing to Us that You have the authority to bind such Entity and its Affiliates to these Terms, in which case the terms, “You“, “Your” or related capitalized terms used herein shall refer to such Entity and its Affiliates. If You do not have such authority, or if You do not agree with these Terms, You must not accept these Terms and may not access or use the Service(s) or Websites.

You, as an individual, must be 18 years or older to access or use the Websites and the Service(s). Persons who are competent of contracting within the meaning of the Indian Contract Act, 1872 shall be eligible to access, use or register on the Website and avail the Service(s). In the event that, as a minor You wish to use the Website and / or Services, such use shall be made available to You upon the review of these Terms by Your legal guardian or parent(s) and upon them consenting to be bound by the Terms contained herein. Further, in the event that it is discovered that You are below the age of 18 (eighteen) years and the Terms have not been consented to by your legal guardian or parent(s), or if the details provided by You are false or inaccurate, TurboHire shall not have the responsibility and shall not be held liable if the aforesaid eligibility criteria is not satisfied by You.

Subject to Your compliance with the Terms and solely during the Subscription Term, You have the limited, non-exclusive, and revocable right to access and use the Service(s) for Your internal business purposes. You shall be responsible for use of the Service(s) through Your Account by any third parties. You may subscribe to one or more of the Service(s). They may be subject to separate and distinct Subscription Plans.

1.3 Using our APIs:

Where applicable, our APIs must be used according to the API Policies We implement in this regard.

2.2 Your use of the Service(s):

You agree not to (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service(s) available to any third party, other than Users and End-Users in furtherance of Your internal business purposes as expressly permitted by these Terms; (b) use the Service(s) to Process data on behalf of any third party other than Your Users and End-Users; (c) modify, adapt, or hack the Service(s) or otherwise attempt to gain or gain unauthorized access to the Service(s) or related systems or networks; (d) falsely imply any sponsorship or association with Us; (e) use the Service(s) in any unlawful manner, including but not limited to violation of any person’s privacy rights; (f) use the Service(s) to send unsolicited communications junk mail, spam, pyramid schemes or other forms of duplicative or unsolicited messages; (g) use the Service(s) to store or transmit any content that infringes upon any person’s intellectual property rights; (h) use the Service(s) in any manner that interferes with or disrupts the integrity or performance of the Service(s) and its components; (i) attempt to decipher, decompile, reverse engineer, disassemble, reproduce, or copy or otherwise access or discover the source code or underlying program of any Software making up the Service(s); (j) use the Service(s) to knowingly post, transmit, upload, link to, send or store any content that is unlawful, racist, hateful, abusive, libelous, obscene, or discriminatory; (k) use the Service(s) to store or transmit any “protected health information” as that term is defined in 45 C.F.R. 160.103 or any health data or health information as that term is defined under Applicable Data Protection Law, unless expressly agreed to otherwise in writing by Us; (l) use the Service(s) to knowingly post, transmit, upload, link to, send or store any viruses, malware, trojan horses, time bombs, or any other similar harmful software (“Malicious Software”); (m) establish a link to Our Websites in such a way as to suggest any form of association, approval or endorsement on Our part where none exists; (n) use the Service(s) for the purposes of cookie tracking, ad exchanges, ad networks, data brokerages, or sending electronic communications (including e-mail) in violation of applicable law; (o) use of the Service(s) for any purpose prohibited by applicable export laws and regulations, including without limitation, nuclear, chemical, or biological weapons proliferation, or development of missile technology; (p) try to use, or use the Service(s) in violation of these Terms.

2.3 Loss of data

You shall be responsible for any loss of data or attempted or actual access or use of the Service(s) through Your Account in violation of these Terms.

2.4 Cease of usage

If We inform You that a specified activity or purpose is prohibited with respect to the Service(s), You will ensure that You immediately cease use of the Service(s) for such prohibited activity or purpose.

3.2 Downtime periods

We will use commercially reasonable efforts to schedule Planned Downtime for weekends and other off-peak hours.

4.2 Websites:

We may also change content on Our Websites at any time. However, please note that any of the content on Our Websites may be out of date at any given time, and We are under no obligation to update it. For clarity, this sub-section refers to Our Websites excluding the Service(s). We may discontinue or change any part of Our Websites, that does not affect the Service(s), without notifying You. Our Websites may contain links to websites, content and resources provided by third parties (“Third Party Links”). These Third Party Links are governed by their own terms and privacy policies and You agree that We have no control over these Third Party Links and are not responsible for Your access or use of these Third Party Links.

4.3 Improvements:

We may access and process the Service Data to modify, upgrade and enhance Our Service(s), Website and any other features or services, including nut not limited to the algorithm of the Service(s) or Website, any related software, codes, APIs, user interface, designs, etc., to ensure the quality of Your user experience and to service You in a better manner. We do not use or download the Service Data uploaded by You at any time for Our own use.

5.2 Grant of License to Us:

We shall have a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into the Service(s) or Websites or otherwise use any suggestions, enhancement requests, recommendations or other feedback We receive from You.

5.3 Grant of License to You:

Our product and service names, and logos used or displayed on the Service(s) or Websites are Our registered or unregistered trademarks (collectively, “Marks”), and You may only use such Marks to identify Yourself as a user of the Service(s) You have subscribed to.

5.4 Reservation of Rights:

All rights not expressly provided to You herein are reserved.

7.2 Payment methods:

You may pay the Subscription Charges through Your credit card, or other accepted payments method as specified in a Form. For credit card payments, Your payment is due immediately upon Your receipt of Our invoice. You hereby authorize Us or Our authorized agents, as applicable, to bill Your credit card upon Your subscription to the Service(s) (and any renewal thereof). For payments through other accepted methods, Your payment is due within 15 (fifteen) days of Our invoice date (“Due Date”) unless otherwise stated in a Form.

7.3 Renewal

Your subscription to the Service(s) will renew automatically for a Subscription Term equivalent in length to the then expiring Subscription Term. Unless otherwise provided for in any Form, the Subscription Charges applicable to Your subscription to the Service(s) for any such subsequent Subscription Term shall be Our standard Subscription Charges for the Subscription Plan to which You have subscribed as of the time such subsequent Subscription Term commences. You acknowledge and agree that, unless You terminate Your Account in accordance with Section 8, Your credit card/ payment method will be charged automatically for the applicable Subscription Charges.

7.4 Third-party privacy

We may use a third party service provider to manage credit card and other payment processing; provided, that such service provider is not permitted to store, retain or use Your payment account information except to process Your credit card and other payment information for Us. You must notify Us of any change in Your credit card or other payment account information, either by updating Your Account or by e-mailing Us at support@TurboHire.co.

7.5 Refunds

Unless otherwise specified in these Terms or a Form or a Subscription Plan, all Subscription Charges are nonrefundable. No refunds shall be issued for partial use or non-use of the Service(s) by You provided however You shall be eligible for a pro-rated refund of the Subscription Charges for the remainder of the Subscription Term if You terminate Your Account as a result of a material breach of these Terms by Us.

7.6. Late Payments/Non-payment of Subscription Charges:

We will notify You if We do not receive a payment towards the Subscription Charges within the Due Date for Your Account (“Payment Notice”). For payments made through credit cards, We must receive payments due within a maximum of five (5) days from the date of Our Payment Notice and for payments through other accepted methods, We must receive payments within a maximum of fifteen (15) days from the date of Our Payment Notice. If We do not receive payment within the foregoing time period, in addition to Our right to other remedies available under law, We may (i) charge interest for late payment at the rate of 1.5% per month on the invoiced amounts and/or; (ii) suspend Your access to and use of the Service(s) until We receive Your payment towards the Subscription Charges as specified herein and/or; (iii) terminate Your Account in accordance with Section 8.2.

7.7 Upgrades and Downgrades:

You may upgrade Your Account or downgrade within a Subscription Plan or between two Subscription Plans in accordance with the provisions below.

• 7.7.1 Upgrades:

  You may upgrade Your Account at any time during Your Subscription Term. When You upgrade the new Subscription Charges become immediately applicable and the new Subscription Charges for the subsisting month would be charged on a pro-rated basis and Your credit card/ payment method will be charged automatically. Subsequent months will be charged in full according to the new Subscription Charges.

• 7.7.2 Downgrades:

  If You subscribed to the Service(s) before the Effective Date, You may downgrade Your Account at any time during Your Subscription Term but before its renewal in accordance with Section 7.3 above. However, if You choose to modify Your Subscription Term after the Effective Date, You will not be able to downgrade Your Account during Your renewed Subscription Term as provided herein earlier. You agree that all downgrades in accordance with this Section 7.7.2 will be applicable only from the subsequent Subscription Term. If You plan to downgrade Your Account, please provide Us a notice by writing to billing@TurboHire.co at least seven (7) business days prior to the expiry of Your current Subscription Term. You understand that downgrading Your Account may cause loss of content, features, or capacity of the Service(s). You agree that We will not be liable for any loss due to such downgrading of Your Account. You must ensure that You always opt for the Subscription Plan that suits Your business requirements.

7.8 Applicable Taxes:

Unless otherwise stated, the Subscription Charges do not include any taxes, levies, duties or similar governmental assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively “Taxes”). You are responsible for paying the Taxes that would be levied against You by government authorities. We will invoice You for such Taxes if We believe We have a legal obligation to do so and You agree to pay such Taxes if so invoiced.

7.9 User Benefits:

We may, at Our sole discretion, offer You certain benefits such as discounts on Subscription Charges, extension in Subscription Term for no extra payments from You, with regard to the Service(s). These benefits are specific to Your Account and the Service(s) identified while offering these benefits. They are not transferrable. The benefits may have an expiry date. If they do not have an expiry date, they will expire upon completion of twelve (12) months from their date of the offer.

8.2 Free trial termination policy

If You are on a free trial for any of Our Service(s), Your Account may be suspended or terminated in the following manner:

• 8.2.1 Violation of terms

  We may suspend Your access to and use of Your Account or the Service(s) if You are in violation of the Terms. We will notify You of Your activities that violate these Terms and, at Our sole discretion, provide You with a period of fifteen (15) days (“Free Trial Cure Period”) to cure or cease such activities. If You do not cure or cease such activities within said Free Trial Cure Period or if We believe that Your breach of these Terms cannot be cured, Your Account shall be terminated and all associated Service Data shall be deleted immediately and permanently.

• 8.2.2 Terminated by You

  You may terminate Your Account at any time on or before the expiry of Your free trial. In such cases, any associated Service Data shall be retained for a period of 15 days from the date of termination of Your Account beyond which it shall be deleted during the normal course of operation.

• 8.2.3 Inactivity

  Where you do not terminate Your Account or renew Your Account on or before the expiry of Your free trial, We may suspend Your Account. We shall retain any associated Service Data for a period of 6 months beyond which Your Account shall be terminated and all associated Service Data shall be deleted immediately and permanently.

8.3 Customers on a Service Plan:

If You are on a Subscription Plan for any of Our Service(s), Your Account may be suspended or terminated in the following manner:

• 8.3.1 Violation of terms

  In addition to suspension for late payment or non-payment of Subscription Charges, We may suspend Your access to and use of Your Account or the Service(s) if You are in violation of the Terms. We will notify You of Your activities that violate these Terms and, at Our sole discretion, provide You with a period of fifteen (15) days (“Subscription Plan Cure Period”) to cure or cease such activities. If You do not cure or cease such activities within said Subscription Plan Cure Period or if We believe that Your breach of these Terms cannot be cured, Your Account shall be terminated. Any associated Service Data shall be retained for a period of 15 days from the date of termination of Your Account beyond which it shall be deleted during the normal course of operation.

• 8.3.2 Terminated by You

  You may elect to terminate Your Account at any time from within Our Service(s), if You pay for Your Account through credit card. If payment for Your Account is made through other accepted payment methods as specified in the Form, You may request to terminate Your Account by writing to support@TurboHire.co. Any associated Service Data shall be retained for a period of 15 days from the date of termination of Your Account beyond which it shall be deleted during the normal course of operation.

• 8.3.3 Inactivity

  We may suspend Your Account upon expiry or non-renewal of Your Subscription Term. We shall retain any associated Service Data for a period of 6 months beyond which Your Account shall be terminated and all associated Service Data shall be deleted immediately and permanently.

8.4 Effect of Terminating Your Account:

• 8.4.1 Data Export:

  We strongly recommend that You export all Service Data before You terminate Your Account. In any event, following the termination of Your Account either by You or Us, unless otherwise specified elsewhere herein or in the Supplemental Terms, Service Data will be retained or deleted in accordance with Sections 8.2 or 8.3 as applicable to You. Where the Service Data is retained as described herein, You may contact Us within such data retention period to export Your Service Data. Service Data cannot be recovered once it is deleted. Further, when Service Data is migrated from one data center to another upon Your request, We shall delete Service Data from the original data center after 15 days from such migration.

• 8.4.2 Charges:

  If Your Account is terminated in accordance with Sections 8.2 or 8.3 of these Terms, in addition to other amounts You may owe Us, You must immediately pay any then unpaid Subscription Charges associated with the remainder of such Subscription Term, unless waived by Us in writing. This amount will not be payable by You, or You may be eligible for a pro-rated refund of the Subscription Charges, as the case may be, where You terminate Your subscription to the Service(s) or terminate Your Account as a result of a material breach of these Terms by Us, provided that You provide notice of such breach to Us and afford Us not less than thirty (30) days to reasonably cure such breach.

9.2 Confidentiality obligations:

Each of us will protect the other’s Confidential Information from unauthorized use, access or disclosure in the same manner as each of us protects our own Confidential Information, and in any event, no less than reasonable care. Except as otherwise expressly permitted pursuant to these Terms, each of us may use the other’s Confidential Information solely to exercise our respective rights and perform our respective obligations under these Terms and shall disclose such Confidential Information solely to those of our respective employees, representatives and agents who have a need to know such Confidential Information for such purposes and who are bound to maintain the confidentiality of, and not misuse, such Confidential Information. The provisions of this sub-section shall supersede any non-disclosure agreement by and between You and Us entered prior to these Terms that would purport to address the confidentiality of Service Data and such agreement shall have no further force or effect with respect to Service Data.

10.2 Disclosure

You understand that We shall Process Service Data in accordance with Applicable Data Protection Laws and the Data Processing Addendum which are incorporated into these Terms by reference and in accordance with Our Privacy Policy. You acknowledge and agree that TurboHire may also access or disclose information about You, Your Account, Users or End-Users, including Service Data, in order to (a) comply with the law or respond to lawful requests or legal process; (b) protect TurboHire’s or Our customers’ or partners’ rights or property, including enforcement of these Terms or other policies associated with the Service(s); (c) act on a good faith belief that such disclosure is necessary to protect personal safety or avoid violation of applicable law or regulation. Further, at Our sole discretion, any suspected fraudulent, abusive, or illegal activity by You may be referred to law enforcement authorities

15.2 Indemnification by Us:

Subject to Your compliance with these Terms, We will indemnify and hold You harmless, from and against any claim brought against You by a third party alleging that the Service(s) You subscribed to infringes or misappropriates such third party’s valid patent, copyright, or trademark (an “IP Claim”). We shall, at Our expense, defend such IP Claim and pay damages finally awarded against You in connection therewith, including the reasonable fees and expenses of the attorneys, provided that (a) You promptly notify Us of the threat or notice of such IP Claim; (b) We have or will have the sole and exclusive control and authority to select defense attorneys, defend and/or settle any such IP Claim; and (c) You fully cooperate with Us in connection therewith. We will have no liability or obligation with respect to any IP Claim if such claim is caused in whole or in part by (i) compliance with designs, data, instructions or specifications provided by You; (ii) modification of the Service(s) by anyone other than Us; or (iii) the combination, operation or use of the Service(s) with other hardware or software where the Service(s) would not by themselves be infringing.

15.3 Our liability

Sections 15.1 and 15.2 state Our sole, exclusive and entire liability to You and constitute Your sole remedy with respect to an IP Claim brought by reason of access to or use of the Service(s) by You.

15.4 Indemnification by You:

You will indemnify and hold TurboHire harmless against any claim brought by a third party against Us, and their respective employees, officers, directors and agents arising from or related to use of the Service(s) or Websites by You in breach of these Terms or matters which You have expressly agreed to be responsible pursuant to these Terms.

16.2 Entirety of the agreement

These Terms, together with any Form(s) and Supplemental Terms, constitute the entire agreement and supersede any and all prior agreements between You and Us with regard to the subject matter hereof. These Terms together with any Form(s) and Supplemental Terms shall prevail over the terms or conditions in any purchase order or other order documentation You or any Entity You represent provides (all such terms or conditions being null and void), and, except as expressly stated herein, there are no other agreements, representations, warranties, or commitments which may be relied upon by either party with respect to the subject matter hereof. In the event of a conflict between any Form and these Terms, these Terms shall prevail.

16.3 Revisions

We may amend these Terms and/or the Supplemental Terms from time to time, in which case the new terms will supersede prior versions. Please read these Terms of Service along with Our Privacy Policy carefully before You start to use Our Service(s) or Websites, as these will apply to Your use of the Service(s) and Our Websites. Please check these Terms from time to time to take notice of any changes We made, as they will be binding on You. Your continued use of the Service(s) following the effective date of any such amendment may be relied upon by Us as Your acceptance of any such amendment. Our failure to enforce at any time any provision of these Terms does not constitute a waiver of that provision or of any other provision of the Terms.

21. NOTICES; CONSENT TO ELECTRONIC COMMUNICATIONS

21.1 Communication of Notices

All notices to be provided by Us to You under these Terms may be delivered in writing (i) by nationally recognized overnight delivery service (“Courier”) or mail to the contact mailing address provided by You on any Form(s) or related document while subscribing to the Service(s); or (ii) electronic mail to the e-mail address provided for Your Account.

21.2 Issuance of notice

Our address for a notice to Us in writing by Courier or Mail is: TurboHire Technologies Pvt Ltd, Dlabs Incubation, Road #6, ISB Campus, Gachibowli, Hyderabad 500111 with a CC to legal@turbohire.co or electronic mail. All notices shall be deemed to have been given immediately upon delivery by electronic mail, or if otherwise delivered upon receipt or, if earlier, two (2) business days after being deposited in the mail or with a Courier as permitted above.

22. ANTI-CORRUPTION

22.1 Anti- corruption

You agree that You have not received or been offered any illegal or improper bribe, kickback, payment, gift, or thing of value from any of Our employees or agents in connection with these Terms. Reasonable gifts and entertainment provided in the ordinary course of business do not violate the above restriction. If You learn of any violation of the above restriction, You will use reasonable efforts to promptly notify Us at legal@turbohire.co.

23. GOVERNING LAW AND DISPUTE RESOLUTION

23.1 Governing laws

These Terms shall be governed by the laws of the Republic of India without regard to conflict of laws principles. You hereby expressly agree to submit to the exclusive personal jurisdiction courts of India, for the purpose of resolving any dispute relating to the Terms or Your access to or use of the Service(s).

23.2 Dispute resolution

Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms to arbitrate, shall be settled by an arbitral panel composed of a single arbitrator appointed jointly by You and TurboHire. In the event that You and TurboHire are unable to agree on the sole arbitrator, 1 (one) arbitrator shall be appointed by You and 1 (one) arbitrator shall be appointed by TurboHire, and the 2 (two) appointed arbitrators shall nominate and appoint a third arbitrator who shall be the chairperson of the arbitration panel (“Chairperson”). The seat of arbitration shall be Hyderabad, India. The arbitration proceedings shall be governed by the Arbitration and Conciliation Act, 1996 and shall be conducted in the English language. The Chairperson shall also decide on the costs of the arbitration proceedings. The Chairperson’s award shall be substantiated in writing and the Parties shall submit to the Chairperson’s / arbitral panel’s award which shall be enforceable in any competent court of law.

24. DEFINITIONS

When used in these Terms with the initial letters capitalized, in addition to terms defined elsewhere in these Terms, the following terms have the following meanings:

• Account: means any accounts or instances created by or on behalf of You for access and use of any of the Service(s).
• Affiliate: means, with respect to a party, any entity that directly or indirectly controls, is controlled by, or is under common control with such party, whereby “control” (including, with correlative meaning, the terms “controlled by” and “under common control”) means the possession, directly or indirectly, of the power to direct, or cause the direction of the management and policies of such person, whether through the ownership of voting securities, by contract, or otherwise.
• Agent: means an individual authorized to use the Service(s) through Your Account for such Service(s) as an agent and/or administrator as identified through a User Login.
• API: means the application programming interfaces developed, enabled by or licensed to Us that permits a User to access certain functionality provided by the Service(s).
• API Policies: means the policies published on the Websites (as specified below) that govern the use of APIs, as updated from time to time.
• Applicable Data Protection Law: means all data protection and privacy laws and regulations of the Republic of India, relating to privacy and protection of data or information, including Personal Data or Processing of Personal Data, or the European Union General Data Protection Regulation (Regulation 2016/679) (GDPR), as may be applicable;
• Candidates: means any person or entity other than the Customer, Users or End-Users with whom the Customer, Users or End-Users interact using Talent Acquisition Platform or Talent Discovery Platform and who have submitted their resumes or job applications to the Customer, User or End-User or appear for interviews for jobs posted bythe Customer, User or End-User through their Account with TurboHire;
• Confidential Information: means all information disclosed by You to Us or by Us to You which is in tangible form and labeled “confidential” (or with a similar legend) or which a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure. For purposes of these Terms, Service Data shall be deemed Confidential Information. Notwithstanding the foregoing, Confidential Information shall not include any information which (a) was publicly known and made generally available in the public domain prior to the time of disclosure by the disclosing party; (b) becomes publicly known and made generally available after disclosure by the disclosing party to the receiving party through no action or inaction of the receiving party; (c) is already in the possession of the receiving party at the time of disclosure by the disclosing party as shown by the receiving party’s files and records prior to the time of disclosure; (d) is obtained by the receiving party from a third party without a breach of such third party’s obligations of confidentiality; (e) is independently developed by the receiving party without use of or reference to the disclosing party’s Confidential Information, as shown by documents and other competent evidence in the receiving party’s possession; or (f) is required by law to be disclosed by the receiving party, provided that the receiving party shall, to the extent legally permitted, give the disclosing party written notice of such requirement prior to disclosing so that the disclosing party may seek a protective order or other appropriate relief.
• Customer: means any person or entity who has access to, browses or uses the Service(s) or Website or intends to have access to, browse or use the Service(s) or Website, either himself / herself / itself or through his / her / its employees being the Users or End-Users.
• Data Processing Addendum: means the data processing addendum available at https://turbohire.co/data-processing-addendum/ and as updated from time to time, which shall govern Service Data to the extent that it includes Personal Data and involves transferring such Personal Data outside the European Economic Area or Switzerland to any country not deemed by the European Commission as providing an adequate level of protection for personal data.
• Documentation: means any written or electronic documentation, images, video, text or sounds specifying the functionalities of the Service(s) provided or made available by Us to You or Your Users through the Service(s) or otherwise.
• End-User: means any person or entity other than You or Your Users with whom You interact using the Service(s).
• Form: means any service order form referencing these Terms and executed or approved by You and Us with respect to Your subscription to the Service(s), which form may detail, among other things, the number of Users authorized to use the Service(s) under Your subscription to the Service(s) and the Subscription Plan(s) applicable to Your subscription to the Service(s).
• Talent Acquisition Platform: means the end to end Talent Acquisition Platform. Its Website is https://portal.turbohire.co/. For the avoidance of doubt, If you use TurboHire, you mean to use this service.
• Talent Discovery Platform: means use of TurboHire Talent Discovery Platform integrated with your HRMS. Its Website is https://portal.turbohire.co/.
• Video Interview Platform: means use of TurboHire Video Interview Platform independently or in integration with your HRMS. Its Website is https://portal.turbohire.co/.
• Talent Intelligence API:means the use of TurboHire Talent Intelligence API, which used remotely. Its Website is https://api.turbohire.co.
  Companies: means TurboHire Technologies Pvt Ltd together with its Affiliates.
• Personal Data: means any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available with TurboHire, is capable of identifying such person (or as defined under Applicable Data Protection Law) and includes Sensitive Personal Data.
• Privacy Policy: means Our privacy policy at https://turbohire.co/privacy-policy/ as updated from time to time.
• Processing/To Process: means any operation or set of operations which is performed upon Personal Data, whether or not by automatic means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction (or as defined under the Applicable Data Protection Laws).
• Sensitive Personal Data: means data or information of a person means such personal information which consists of information relating to (i) password; (ii) financial information such as bank account or credit card or debit card or other payment instrument details ; (iii) sexual orientation (iv) biometric information; (v) any detail relating to the above clauses as may be made available for providing the Service(s)); and (vi) any of the information made available under above clauses for storing or processing data or information, stored or processed under lawful contract or otherwise (or as defined under the Applicable Data Protection Laws).
• Service Data: means all electronic data, text, messages or other materials, including Personal Data of Users, End-Users and Candidates submitted to the Service(s) by You through Your Account in connection with Your use of the Service(s), including, without limitation, Personal Data.
  Service(s):mean and include Talent Acquisition Platform, Talent Discovery Platform, Video Interview Platform and Talent Intelligence APIs or any new services that We may introduce as a Service to which You may subscribe to and any updates, modifications or improvements to the Service(s), including individually and collectively, Software, the API and any Documentation. You may subscribe to one or more of the Service(s). They may be subject to separate and distinct Subscription Plans.
• Software: means software provided by Us (either by download or access through the internet) that allows You to use any functionality in connection with the Service(s) and includes a Mobile Application.
• Subscription Plan(s): means the pricing plan(s) and the functionality and services associated therewith (as detailed on the Websites) for which You subscribe with respect to any User or End-User.
• Subscription Term: means the period during which You have agreed to subscribe to the Service(s) with respect to any individual User.
  Supplemental Terms: means the Service(s) – specific terms set forth in section 25 below, additionally applicable to You when You enable, access or use such Service(s).
• Us: means TurboHire Technologies Pvt Ltd., an Indian corporation, or any of its successors or assignees. In these Terms, Us may also be referred to as “We”, and “Our”.
• User: means those who are designated users within the Service(s), including an Account administrator, Agents and other designated users.
• Websites: means the websites for various Service(s) and other websites that TurboHire operates.

25. SUPPLEMENTAL TERMS

The Supplemental Terms below may contain terms that are specific to one or more Service(s). For the avoidance of doubt, in the event of a conflict or inconsistency between the rest of the Terms and these Supplemental Terms, these Supplemental Terms shall prevail. The capitalized terms in the Supplemental Terms shall have the same meaning as ascribed to them in the Terms

1.A)FOR USE OF, THIRD PARTY INTEGRATIONS; MODIFICATION OF EXISTING FEATURES & NEW FEATURE RELEASE

You acknowledge that (i) when You install or enable any integrations that are offered by Us or (ii) where (a) a feature is modified or (b) a new feature is released within the Service(s), You may be shown additional terms governing their usage. Your continued usage of such integrations or such features may be relied upon by Us as Your acceptance of such additional terms.

1. B) FOR USE OF SMS, EMAIL and VIDEO INTERVIEW COMMUNICATION IN TURBOHIRE

TuboHire also provides communication service as a part of the Service(s) through the SMS, EMAIL and video interview mediums (“Communication Services”). If You use the Communication Service as part of TurboHire:

• SMS

  You understand and agree that (a) during Your use of the SMS communication feature, TurboHire only facilitates and enables communication to be sent via SMS/text messages to the end receiver and does not perform or provide any other services that are usually provided by a SMS service provider or network provider; (b) if the ‘Do Not Disturb’ (DND) or ‘Direct Numerical Control’ (DNC) is enabled, the TurboHire carrier may not be able to deliver the SMS/text message; (c) the delivery of the SMS/text message is dependent on the network coverage of the receiver. The SMS/text message may not be delivered or may be delayed if the network coverage of the receiver is weak or if the receiver is out of the network coverage area; ; (d) You are solely responsible for Your use and operation of the SMS communication feature in compliance with all applicable laws in all jurisdictions governing the use of the Service(s) by You, Your Affiliates, Users and End-Users, including but not limited to recording and wiretapping laws; and (e) If You use the SMS communication feature, a request for deletion of a contact or information such as the name of the contact, recordings of that contact and any notes pertaining to such recordings shall also be deleted. However, information such as SMS logs may be retained for audit, fraud and reporting purposes in accordance with applicable laws

• EMAIL

  You understand and agree that (a) during Your use of the EMAIL communication feature, TurboHire only facilitates and enables communication to be sent via EMAIL to the end receiver and does not perform or provide any other services that are usually provided by a EMAIL service provider; (b) depending on the EMAIL settings of the receiver, the EMAIL may get delivered to the spam folder or junk folder of the receiver; (c) the delivery of the EMAIL is dependent on the quality of and strength of the internet connection used by the receiver. The EMAIL may not be delivered or may be delayed if the internet connection of the receiver is weak; (d) You are solely responsible for Your use and operation of the EMAIL communication feature in compliance with all applicable laws in all jurisdictions governing the use of the Service(s) by You, Your Affiliates, Users and End-Users, including but not limited to recording and wiretapping laws; and (e) ) If You use the EMAIL communication feature, a request for deletion of a contact or information such as the name of the contact, recordings of that contact and any notes pertaining to such recordings shall also be deleted. However, information such as EMAIL logs may be retained for audit, fraud and reporting purposes in accordance with applicable laws.

• VIDEO INTERVIEW

  You understand and agree that (a) unless You choose to turn on the recording feature, all video interviews using the video service are not recorded; (b) the video interview is not intended to support general video conferencing and is dependent on internet bandwidth available, (c) We will not be held liable for any claim, damages or loss (and You hereby waive any and all such claims or causes of action), arising from or relating to Your (or Users or End-Users) inability to use the video interview service to make other usages, (d) You are solely responsible for Your operation of the video interview service in compliance with all applicable laws in all jurisdictions governing the use of the Service(s) by You, Your Affiliates, Users and End-Users, including but not limited to recording and wiretapping laws, and (e) If You use video interviewing service, a request for deletion of a contact or information such as the name of the contact, recordings of that contact and any notes pertaining to such recordings shall also be deleted. However, information such as logs containing interviews made may be retained for audit, fraud and reporting purposes in accordance with applicable laws.

  You undertake and agree that You will defend, hold harmless and indemnify Us from and against any third party claim relating to or arising from any of the foregoing. We may disable the Service provided to You if (i) Your subscription to the Service(s), Account or rights to access and/or use the Service(s) are otherwise suspended, or terminated; and/or (ii) You violate any of these Terms.

1.C) FOR USE OF TALENT ACQUISITION PLATFORM AND TALENT DISCOVERY PLATFORM

USING TALENT ACQUISITION PLATFORM AND TALENT DISCOVERY PLATFORM
You acknowledge and agree that You will access and use Talent Acquisition Platform only for Your internal business purposes and that You will not provide any third party with access to Talent Acquisition Platform through Your Account. You further agree that We will not be liable for any loss or corruption of Service Data, or for any costs or expenses associated with backing-up or restoring any of Service Data or any claims, losses, expenses, costs or damages arising from such unauthorized use of Talent Acquisition Platform.

2. TALENT ACQUISITION PLATFORM AND TALENT DISCOVERY DATA

• 2.1 Definition

  “Talent Acquisition Platform Data” / “Talent Discovery Platform Data” means any data that is collected from Your Users, End-Users and Candidates through Your Account in connection with Your use of Talent Acquisition Platform or Talent Discovery Platform, as the case may be, including but not limited to the following:
  a) Directory. Contact information, such as name, email address, mailing address, phone number, date of birth, gender, emergency contact information of the Users, End-Users or Candidates collected at the time of employment and creation of employee profile. Subject to the Subscription Plan to which You have subscribed, You may have the option to collect additional information, including Sensitive Personal Data, from Users, End-Users or Candidates. The Service allows the Users, End-users and Candidates to modify, rectify and update their Personal Data within the Service
  b) Application Form. Candidates’ contact information, such as name, email address, mailing address, phone number, links to Candidates’ social networking profiles or any custom field that You may add to the form to be filled by Candidates at the time of submitting their resumes.

• 2.2 Deletion of data

  If You are a Customer of Our Service, Talent Acquisition Platform, You may at any time delete data associated with a Candidate from within Talent Acquisition Platform. As a customer of Talent Acquisition Platform, You may delete a User’s or End-User’s data from Talent Acquisition Platform. Upon Your deletion of User’s data, Talent Acquisition Platform will retain information like business e-mail address, identification number, designation of such User or End-User (“Retained User Information”) in order to not break any old associations relating to such User or End-User within Your Account. Except Retained User Information, all the other data that you delete will be deleted from Talent Acquisition Platform. Retained User Information will be deleted in accordance with the Terms. If You wish to permanently delete a User’s or End-User’s Retained User Information, You can write to support@turboHire.co.

3. DATA RETENTION

We strongly recommend that You export all Service Data before You terminate Your Account. In any event, following the termination of Your Account either by You or Us:

• 3.1 Retention for active users

  If You have subscribed to any Subscription Plan, Service Data will be retained for a period of 15 days (“Data Retention Period”) from such termination within which You may contact Us to export Service Data. Beyond this Data Retention Period, We reserve the right to delete all Service Data in the normal course of operation. Service Data cannot be recovered once it is deleted.
  Notwithstanding anything contained in the Terms or Supplemental Terms, We may, in Our sole discretion, continue to store data / information such as email and contact information, billing and invoice information, payment, late payment or non-payment information or such related information of the Customer for record keeping, audit, fraud and reporting purposes in accordance with applicable laws.

• 3.2 Retention for inactive users

  If You have signed-up to Talent Acquisition Platform but not activated Your Account within 7 days from such sign-up, We reserve the right to delete Your Account immediately upon the expiry of the aforementioned 7 days.

4.ADDITIONAL TERMS FOR CERTAIN FEATURES OF TURBOHIRE

• 4.1 Third Party Platforms.

  If a Candidate shares Personal Data with you through Your Account, You shall be solely responsible for such Personal Data whether it is publicly posted or privately transmitted through Your Account, on third-party platforms such as Careerbuilder, Dice, Naukri, Monster, Indeed, Facebook, Twitter, Google+, LinkedIn and similar others (“Third Party Platforms”). These Third Party Platforms are governed by their own terms and privacy policies and You agree that We have no control over these Third Party Platforms and that We are not responsible for your access or use of these Third Party Platforms, or for any loss or corruption of Service Data, or for any costs or expenses associated with backing up or restoring any of Service Data, or any claims, losses, expenses, costs or damages arising from such use of the Third Party Platforms.

• 4.2 Rating

  Talent Acquisition Platform has a Rating feature through which You will have the ability to rate the Candidates. You acknowledge and agree that We do not have any control on the ratings that You provide to the Candidates. Further, You agree to use this feature in compliance with all applicable laws and if Your use of this feature violates any applicable law, You shall immediately cease using this feature and We shall not be liable for any such violation by You in any manner whatsoever.

• 4.3 Subjectivity of Analysis

  If any Candidate shares Personal Data with You through Talent Acquisition Platform, You acknowledge that for the purposes of providing You with the Resume Parsing feature within Talent Acquisition Platform (if available as part of Your Subscription Plan), The results derived by our tool shall be displayed for Your review under Pool within Talent Acquisition Platform. You understand that the analysis presented is based on the accuracy of the data shared and We shall not be liable to You for any inability to use or interpret the analysis.

• 4.4 Personal data disclosure

  We use third party services within Talent Acquisition Platform to allow you to post about job vacancies. In the event You choose to include Personal Data in such posts, You agree that We have no control over how such third parties handle Your Personal Data and that We are not responsible for any loss or corruption of such Personal Data.

• 4.5 Candidates’ Rights:

  Notwithstanding anything contained in the Terms or Supplemental Terms, a Candidate shall be entitled to request the deletion of any of the Candidate’s Personal Data or Sensitive Personal Data, as the case may be, at any time. Further, a Candidate shall continue to be entitled to request the deletion of the Candidate’s Personal Data or Sensitive Personal Data, as the case may be, irrespective of successfully completing the interviewing process or being hired by the Customer.