TERMS OF USE
THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND THE RULES THERE UNDER AS APPLICABLE AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUES AS AMEDNDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOEST NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
THIS DOCUMENT IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3(1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011, THAT REQUIRE PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND USER AGREEMENT FOR ACCESS OR USAGE OF THIS WEBSITE, www.cognitiverecruit.com.
The terms and conditions (“Terms of Use”) laid down herein below are between Cognitive Recruit (“Cognitive Recruit”) and users or registered users of this Website (You or Yourself).
www.cognitiverecruit.com web portal (“Website”) is registered and owned by Westpaq Software Solutions Pvt. Ltd.(Cognitive Recruit), a Company duly registered and existing under the Companies Act, 1956, and having its registered office at B- 18, Bharani Complex, Ministers Road, Secunderabad – 500003 INDIA.
Kindly read the Terms of Use of the Website carefully prior to using, registering or accessing any information of this Website. You agree to be bound by the Terms of Use by using this Website or any facility or even merely browsing it.
Cognitive Recruit reserves the right to add, delete, modify or make changes to the Terms of Use without any notification of any nature whatsoever. You agree to be bound by such revised Terms of Use without any demur.
This Website is an online facilitator offering services to the Pharmaceutical, CRO, CRAMS, Healthcare companies. Cognitive Recruit offers different products and services through its technology product at economical pricing (“Services”).
CLIENT ELIGIBILITY
You hereby confirm the following within the meaning of Indian Contract Act, 1872 as below:
a) to be a major i.e. attained 18 years and above; and eligible to form a legally binding contract;
b) Cognitive Recruit may, at its sole discretion, terminate, delete or refuse your access and/or registration the Website if it finds that, You are minor and/or ineligible to enter of form a valid contract.
YOUR REGISTRATION, ACCOUNT, PASSWORD AND SECURITY
You shall be solely responsible for maintaining confidentiality of your display name, login identification, its password and all activities which occur with its use. In case Cognitive Recruit finds or have reasons to doubt that any information provided by You to be false, incorrect, inaccurate, not current, or incomplete or not in accordance with the Terms of Use, we reserve the right to indefinitely suspend, terminate or block your from access to the Website. If the person authorized by you to operate the account on your behalf is seperated from your company / firm or is otherwise no longer authorized to operate the account, it will be your sole responsibility to withdraw the authorization from such person and change the user name or password accordingly. Cognitive Recruit will in no way be responsible for any unauthorized use of your account due to your negligence.
COGNITIVE RECRUIT AS A FACILITATOR
The Website is a medium for You to meet and interact with other candidates, company, client, Pharmaceutical, CRO, CRAMS, Healthcare. Therefore, You hereby confirm that Cognitive Recruit is and shall not be held liable and responsible in any manner, at any point in time, for any or during a transaction between You and users on the Website.
You also further confirm:
a) Cognitive Recruit does not and will not hold any right, title or interest in any products or services including any liabilities, obligations or responsibilities with respect to such contract.
b) This Website is a mere facilitator to contact Job Seekers at large for providing the recruitment services.
c) You shall fully indemnify and save harmless Cognitive Recruit and/or its directors, officers, representatives and agents from all costs, damages, liabilities or other consequences of any of the actions of the users on the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable endeavours, Cognitive Recruit cannot control the information provided by other Users which is made available on this Website. You may find other user's information to be offensive, harmful, inaccurate or deceptive and hence, caution and practice safe trading practices while using the Website.
Website Usage
The products and/or services displayed along with the contents therein are advertised and listed by registered users and is generated by third party users only and Cognitive Recruit does not have any control on such third party generated content.
You agree, undertake and confirm that, You shall not host, exhibit, upload, modify, publish, transmit, update or share any information which:
i) does not belong to You or You have not right or title over it;
is grossly harmful, foul, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of other’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or unlawfully threatening or harassing, including without limitation to ‘indecent representation of women’ within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
ii) is misleading in any way including without limitation to sexually explicit content or content that promotes obscenity, pedophilia, racism, bigotry, hatred, or physical harm of any kind against any group or individual;
iii) engages in the transmission of ‘junk mail’, ‘chain letters’, unsolicited mass mailing, or ‘spamming’; infringes upon or violates any third party's rights [including without limitation to intellectual property rights, rights of privacy [(including without limitation unauthorized disclosure of a person's name, email address, physical address, or phone number) or rights of publicity]; contains restricted or password-only access pages, hidden pages or images (those not linked to or from another accessible page);
iv) engaging in gaining unauthorized access or exceeds the scope of authorized access to the Website, profiles, blogs, communities, account information, bulletins, friend requests, or other areas of the Website, or solicits passwords or personal identifying information for commercial or unlawful purposes from other users on the Website;
v) engages in commercial activities and/or sales such as contests, sweepstakes, barter, advertising, pyramid schemes, or the buying or selling of ‘virtual’ items related to the Website without our prior written consent;
vi) deceives or misleads the users, seller or buyers about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
vii) contains software viruses or any other computer codes, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may intercept, damage, detrimentally interfere with, diminish value of, surreptitiously;
viii) directly or indirectly, offer or attempt to offer trade or attempt to trade in any product/services which are prohibited or restricted in any manner under the provisions of any applicable law, rules, regulations or guidelines in force.
You hereby undertake not to make any negative, denigrating, or defamatory statement(s)/comment(s) about Cognitive Recruit, the brand name, or domain name owned by us, or otherwise engage in any activity that may tarnish the image or reputation of Cognitive Recruit or its sellers or otherwise tarnish or dilute any Cognitive Recruit trade mark, service marks, trade name and/or goodwill associated with such trade, service marks or trade name as may be owned by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Cognitive Recruit systems either directly or indirectly.
You hereby confirm to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and sub-licensable (through multiple-tiers) right to exercise the copyright, publicity or database rights or any other rights you have in your information or in any media or mode known now or in future with respect to your information. We will only use your information in accordance with the Terms of Use and Privacy Policy applicable to the use of this Website.
We reserve the right, but have no obligation, to monitor the material posted on the Website. Cognitive Recruit may, at its sole discretion, remove or edit any content that violates or is alleged to violate any applicable law or the Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIAL YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. Cognitive Recruit disclaims and disowns any/all responsibility or liability for any content posted on the Website or claims, damages, or losses resulting from its use and/or appearance of it on the Website.
You acknowledge and agree that Cognitive Recruit is/shall not be responsible for the use of any personal information that, You may publicly disclose or share with others on the Website and Cognitive Recruit explicitly disclaims the misuse of your personal information by the hackers or any other user/s.
However, Cognitive Recruit reserves all the rights to take necessary action and claim damages that may occur due to Your involvement/participation in any way on your own or through group(s) of people, intentionally or unintentionally, in DoS (denial of service) / DDoS (Distributed Denial of Services).
Limited License
Cognitive Recruit hereby grants Job Seeker / Client / Company a limited, non-transferable, non-exclusive, non-sub licensable, non-assignable and personal license to use Cognitive Recruit and/or “www. Cognitive Recruit.com” name and/or logo on the seller’s invoice for transactions and the packing material used by Seller for delivery of Products sold on the Website.
Privacy
Protection of your privacy is paramount to us. Your personal information and any sensitive financial information collected, if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with the applicable laws in force. Our current privacy policy is available on http://www. Cognitive Recruit .com/s/privacypolicy. If you do not want to your personal information being transferred or used in this manner, please do not use the Website.
Compliance with Laws
Buyer and Seller shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment ) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively and Website.
Intellectual Property and its Usage
The Website is controlled and operated by Cognitive Recruit and products are sold by respective registered sellers. All material on the Website, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks and other intellectual property rights. You must not copy, reproduce, republish, upload, post, transmit, or distribute other sellers’ material in any way, including by email or other electronic means and whether, directly or indirectly, you must not assist any other person to do so. Without the prior written consent of the owner, modification or use of the material on any other website/networked computer environment or for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights is prohibited. Any use for which you receive any remuneration, whether money or otherwise, is a commercial use for the purposes of this clause.
Infringement
Notwithstanding other available remedies, Cognitive Recruit reserves the right to immediately remove Your information, warn other users of Your actions, temporarily/indefinitely suspend/terminate/block your account and/or refuse or restrict Your access to the Website in the event of, including without limitation to if:
1. You breach the Terms of Use, privacy policy or other policies (if any);
2. Any information provided by You is incorrect, untrue, false, or not authentic; or
3. There is reasonable doubt that Your actions may cause legal liability for you, other users, or us.
We may, at our sole discretion, reinstate suspended sellers. A seller who has been suspended or blocked may not register or attempt to register with us or use the Website in any manner whatsoever until such time that such a seller is reinstated by us. Notwithstanding the foregoing, we reserve the right to recover any amounts due and owed by You to us and take appropriate criminal or civil action.
Indemnity
You shall indemnify and hold harmless Cognitive Recruit its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees from any claim, demand, or actions including reasonable attorneys' fees made by any third party or penalty imposed due to or arising out of your breach of the Terms of Use, privacy policy and other policies or your violation of any law, rules, regulations or the rights (including infringement of intellectual property rights) of a third party.
Limitated Liability
NOTWITHSTANDING ANYTHING CONTAINED HEREIN, COGNITIVE RECRUIT SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THE TERMS OF USE, EVEN IF COGNITIVE RECRUIT HAS BEEN INFORMED SO IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
Dispute Resolution
Any dispute may be settled through amicable discussions and in the event of failure such disputes may be settled before a sole arbitrator appointed by Cognitive Recruit in accordance with the provisions of Arbitration and Conciliation Act, 1956.
Applicable Law
These Terms of Use are governed, interpreted, and construed in accordance with the laws of India and submitted to the exclusive jurisdiction of the Courts of Hyderabad.
Sale in India Only
The products and/or services offered on the Website are presented solely for the purpose of sale in India. Users accessing the Website from other locations/countries other than India may do so in their own discretion and Cognitive Recruit is/shall not be responsible for supply or refund for the products/services ordered from other locations/countries other than India and compliance with local laws, if any, and to the extent local laws are applicable.
MISCELLANEOUS
Independent Entity: You are entering into this Terms of Use as an independent entity, and this arrangement will not be construed to create a partnership, joint venture or employment relationship between them. You will not represent yourself to be an employee or agent of the other or enter into any agreement or legally binding commitment or statement on the Cognitive Recruit’s behalf of or in our name.
Confidentiality: You will protect the Confidential Information of Cognitive Recruit from misappropriation and unauthorized use or disclosure, and at a minimum, will take precautions at least as great as those taken to protect its own confidential information of a similar nature. Without limiting the foregoing, the You will: (i) use such Confidential Information solely for the purposes for which it has been disclosed; and (ii) disclose such Confidential Information only to those of its employees, agents, consultants, and others who have a need to know the same for the purpose of performing the obligations herein and who are informed of and agree to a duty of nondisclosure. You may also disclose Confidential Information of Cognitive Recruit to the extent necessary to comply with applicable law or legal process, provided that You use reasonable efforts to give us prompt advance notice thereof. Upon request of Cognitive Recruit, or in any event upon any termination or expiration of the term, You will return to the other all materials, in any medium, which contain, embody, reflect or reference all or any part of any Confidential Information of Cognitive Recruit.
Force Majeure: If either You or Cognitive Recruit is unable to perform any of its obligations under this Terms of Use due to an event beyond the control of either of us, including natural disaster, acts of God, actions or decrees of governmental bodies, act of war, failure or discontinuance of the Internet or failure of communications lines or networks, then commercially reasonable efforts to resume performance of obligations shall be utilised but will have no liability to the other for failure to perform its obligations under this Terms of Use for so long as it is unable to do so as a result of such event.
Compliance with Laws: You will comply with all applicable laws, regulations, orders and other requirements, now or hereafter in effect, of governmental authorities having jurisdiction.
Insurance: You at your own expense obtain and maintain such policy or policies of insurance as are required by law or as are commercially reasonable for the transactions and business contemplated by this Terms of Use.
Assignment: Neither You nor Cognitive Recruit may assign this Terms of Use or any of its rights or obligations hereunder, whether voluntarily, involuntarily, by operation of law or otherwise, without the other party's prior written consent, except to (a) a wholly-owned subsidiary of such party, provided that such party shall require, as a condition to such assignment, any assignee or successor to all or substantially all of its business or assets to assure and agree in writing to perform the obligations herein and to be bound by all the terms and conditions in the same manner and to the same extent that such party would be required to perform or would be bound if no assignment or succession had taken place. Subject to the foregoing, this Terms of Use will be binding on and enforceable by the Parties and their respective successors and permitted assigns.
Severability: If any provision of this Terms of Use is construed to be invalid, illegal or unenforceable, then the remaining provisions hereof will not be affected thereby and will be enforceable without regard thereto.
DEFINITIONS
i) "Confidential Information" means all non public and proprietary information relating to Cognitive Recruit that is designated as confidential or that, given the nature of the information or the circumstances surrounding its disclosure, reasonably should be considered as confidential. Confidential Information includes, without limitation, (a) all non public information relating to Cognitive Recruit or its Affiliates' technology, customers, business plans, promotional and marketing activities, finances and other business affairs, and (b) all third party information that You or Your Affiliates is obligated to keep confidential. Confidential Information may be contained in tangible materials, such as drawings, data, specifications, reports and computer programs, or may be in the nature of unwritten knowledge. You shall have any obligation to maintain the confidentiality of Confidential Information that (i) has become publicly available without breach of this Terms of Use, (ii) can be shown by documentation to have been known to You at the time of its receipt from Builbazar or its Affiliates, (iii) is received from a third party who did not acquire or disclose such information by a wrongful or tortuous act, or (iv) can be shown by documentation to have been independently developed by You without reference to any Confidential Information.
ii) "Affiliate" means, as to any Person, any other Person that, directly or indirectly, is controlled by, is under common control with or controls such Person, but only as long as such control exists. For this purpose, control means ownership or voting rights over at least 50% of the outstanding voting or equity securities of the Person in question or the power to direct or cause the direction of management or policies of such Person, whether through voting securities, by contract or otherwise.
iii) "Website" means that website, which is identified by the URL, www.BB.com (and any successor or replacement Website).
iv) "Intellectual Property Rights" means any and all now known or hereafter known tangible and intangible (a) rights associated with works of authorship throughout the universe, including but not limited to copyrights, moral rights, and mask-works, (b) trademark, trade dress and trade name rights and similar rights, (c) trade secret rights, (d) patents, designs, algorithms and other industrial property rights, (e) all other intellectual and industrial property rights of every kind and nature throughout the universe and however, designated (including domain names, logos, "rental" rights and rights to remuneration), whether arising by operation of law, contract, license, or otherwise, and (f) all registrations, initial applications, renewals, extensions, continuations, divisions or reissues hereof now or hereafter in force (including any rights in any of the foregoing).
v) "Person" means, whether or not capitalized, any individual, corporation (including any non-profit corporation), general or limited partnership, limited liability company, joint venture, estate, trust, association, organization, labour union, or other entity or governmental body.
vi) "Trademark" means any trademark, service mark, trade name, URL, domain name, trade dress, proprietary logo or insignia or other source or business identifier.
Contact Us
You may reach us for any comments or questions, including enquiries or queries of the Website at info@cognitiverecruit.com.
Grievance Readdresses
In accordance with the IT Act, 2000, and the rules thereunder, the name and contact details of the grievance officer are provided below:
Name: Cognitive Recruit
(a div. of Westpaq Software Solutions Pvt. Ltd.)
Cognitive Recruit
Address: # B – 18, Bharani Complex, Ministers Road, Secunderabad – 500003.
Phone: +91 9848997117
Email: info@cognitiverecruit.com
Time: Mon – Sat (9:30 – 17:30)