Important - Read these terms and conditions of use carefully before using the product/service or accessing content on this website. By accessing the product/service and/or the content contained therein, you acknowledge and represent that you are an authorized user; that you have read this agreement; that you understand it; and that you agree to be bound by all its terms.

TERMS AND CONDITIONS OF USE

By using HireSharp.in, you agree to all of the following terms and conditions therefore you should read it completely and thoroughly. Your use of this site constitutes your acknowledgement, understanding, and agreement to strictly abide by and be legally bound by all of these terms and conditions of use. If you do not agree with these terms and conditions of use or if you do not have the authority to enter into this agreement, then you do not have the right to use this service or the website(s) and you are prohibited from using them.

I   DEFINITIONS

The following capitalized terms shall have the following meanings whenever used in this Agreement.

II   SERVICES

III   RESPONSIBILITIES

IV   PAYMENT OF FEES

V   INTELLETUAL PROPERTY OWNERSHIP

VI   CONFIDENTIALITY

VII   TERMINATION UPON EXPIRATION

This Agreement commences upon the first use of the Service by the Licensee. Upon the expiration of the Initial Term, this Agreement will automatically renew for successive renewal terms equal in duration to the Initial Term (or one year, if the Initial Term is greater than one year) at Licensor's then current fees. Either party may terminate this Agreement by notifying the other party in writing at least five (5) business days prior to the date of the invoice for the following term. In the case of free trials, notifications provided through the Service indicating the remaining number of days in the free trial shall constitute notice of termination. Licensee agrees and acknowledges that Licensor has no obligation to retain the Customer Data, and may delete such Customer Data, more than 30 days after termination.

VIII   TERMINATION FOR CAUSE.

Any breach of Licensee's payment obligations or unauthorized use of Licensor's Service shall be deemed a material breach of this Agreement. The unauthorized use of any Log-In Information, either with or without Licensee's knowledge shall be deemed a breach of this Agreement, and may constitute a violation of Licensee's copyrights. User is responsible for maintaining the security and confidentiality of all Log-In Information, and for preventing access to the Product and/or the Content by unauthorized persons. Unauthorized access to or use of the Product and/or the Content by someone using User's Log-In information may be attributed to User. Licensor, in its sole discretion, may terminate Licensee's password, account or use of the Service if Licensee breaches or otherwise fails to comply with this Agreement. In addition, Licensor may terminate a free account at any time in its sole discretion. Licensee agrees and acknowledges that Licensor has no obligation to retain the Licensee Data, and may delete such Licensee Data, if Licensee has materially breached this Agreement, including but not limited to failure to pay outstanding fees, and such breach has not been cured within 30 days of notice of such breach.

IX   PRIVACY POLICY

Licensor's privacy policy may be viewed at https://www.HireSharp.in/privacy-policy. Licensor reserves the right to modify its policies in its reasonable discretion from time to time. Licensees may opt out of receiving marketing communications by changing their preference in their Personal Setup or by sending an "unsubscribe" request email to contact@HireSharp.in. Due to the nature of online subscription services, Licensor occasionally may need to notify all users of the Service (whether or not they have opted out) of important announcements regarding the Service.

X   WARRANTY

  1. AUTHORITY.

    Licensee and HireSharp warrant that each has the right to enter into this Agreement and that the Agreement and all Insertion Orders executed hereunder shall be executed by an authorized representative of each party.

  2. DISCLAIMER OF WARRANTIES.

    The Service, including Content, is provided "as is", and HireSharp makes no warranty as to the accuracy or completeness of such Content. Except as otherwise stated in the this agreement, HireSharp makes no other warranties, express or implied, including express or implied warranties of merchantability, fitness for a particular purpose and non-infringement.

XI   INDEMNIFICATION

  1. HIRESHARP INDEMNITY HireSharp will defend, indemnify and hold harmless Licensee, its parents, subsidiaries, distributors, dealers, affiliates, successors or assigns, and their directors, officers, employees and representatives ("Licensee Parties"), from and against any and all actions, suits, proceedings, claims, demands, losses, costs, damages, and expenses, including but not limited to, interest, penalties, court costs, and attorneys' fees collectively "Claims"), resulting or arising out of any gross negligent act or omission, willful misconduct of HireSharp, its officers, directors, subsidiaries, subcontractors, contractors, agents, or employees ("HireSharp Parties") arising out of or related to HireSharp's Services.

  2. LICENSEE OBLIGATIONS. HireSharp shall have no liability under this Section unless: (i) Licensee timely notifies HireSharp in writing after Licensee becomes aware of a claim; and (ii) HireSharp has sole control of the settlement, compromise, negotiation, and defense of any such action; and (iii) Licensee cooperates, in good faith, in the defense of any such legal action.

XII  DISCLAIMER OF WARRANTIES

Licensor and its licensors make no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the service or any content. licensor and its licensors do not represent or warrant that:

XIII   LIMITATION OF LIABILITY

In no event shall either party's aggregate liability exceed the amounts actually paid by and/or due from licensee in the six (6) month period immediately preceding the event giving rise to such claim. in no event shall either party and/or its licensors be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including loss of data, revenue, profits, use or other economic advantage) arising out of, or in any way connected with this service, including but not limited to the use or inability to use the service, or for any content obtained from or through the service, any interruption, inaccuracy, error or omission, regardless of cause in the content, even if the party from which damages are being sought or such party's licensors have been previously advised of the possibility of such damages.

XIV   MISCELLANEOUS

  1. COMPLIANCE WITH LAWS.

    Both parties agree to comply with all applicable laws, regulations, and ordinances relating to its performance under this Agreement.

  2. ASSIGNMENT. Neither party may assign its rights or delegate its duties under this Agreement whether by operation of law, change of control, or in any other manner, without the prior written consent of the other party. Such consent shall not be unreasonably withheld. Any assignment or transfer in violation of this Section 9.2 shall be null and void.

  3. SURVIVAL The provisions set forth in Sections above shall survive termination or expiration of this Agreement.

  4. NOTICES. Any notice required under this Agreement shall be given in writing and shall be deemed effective upon delivery to the party to whom addressed. All notices shall be sent to the applicable address specified on the face page hereof or to such other address as the parties may designate in writing. Unless otherwise specified, all notices to HireSharp shall be sent to the attention of the "Manager-Legal". Any notice of material breach pursuant to specific Sections shall clearly define the breach including the specific contractual obligation that has been breached.

  5. FORCE MAJEURE. HireSharp shall not be liable to Licensee for any delay or failure of HireSharp to perform its obligations hereunder, if such delay or failure arises from any cause or causes beyond the reasonable control of HireSharp. Such causes shall include, but are not limited to, acts of God, floods, fires, loss of electricity or other utilities, or delays by Licensee in providing required resources or support or performing any other requirements hereunder.

  6. CONFLICT. In the event of a conflict between the terms and conditions of this Agreement, an Insertion Order, or an exhibit the terms and conditions of the Insertion Order or exhibit shall prevail, in that order.

  7. ENTIRE AGREEMENT. This Agreement, including any separately executed Insertion Orders shall constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto.

  8. MODIFICATIONS. The parties agree that this Agreement cannot be altered, amended or modified, except by a written document, signed by an authorized representative of each party.

  9. HEADINGS. Headings are for reference purposes only, have no substantive effect, and shall not enter into the interpretation hereof.

  10. NO WAIVER. No failure or delay in enforcing any right or exercising any remedy will be deemed a waiver of any right or remedy.

  11. SEVERABILITY AND REFORMATION. Each provision of this Agreement is a separately enforceable provision. If any provision of this Agreement is determined to be or becomes unenforceable or illegal, such provision shall be reformed to the minimum extent necessary in order for this Agreement to remain in effect, in accordance with its terms as modified by such reformation.

  12. CHOICE OF LAW. This agreement shall be governed and interpreted by the laws of the India. All disputes, differences or claims with respect to any matter arising out of or relating to the Agreement shall be finally settled through the provisions of The Arbitration and Conciliation Act 1996, as amended from time to time having seat of arbitration at Mumbai and the language of such arbitration being English. Subject to above the courts at Mumbai, India, shall have exclusive jurisdiction.