TERMS AND CONDITIONS FOR RECRUITMENT
We at Test Tribe Private Limited (the Company herein referred to as “Us,”, “Our” or “We”) are India’s largest software testing community. As an initiative started by Us, We help community members seek employment by connecting them with recruiters via our crowdsourced data submitted by various recruiters on Our Website. We intends to serve only as a preliminary medium of contact and exchange of information between the User(s) (as defined hereinafter), who have a bona fide intention to contact and/or be contacted for the purposes related to genuine existing job vacancies and for other career enhancement services (“Purpose”).
This page states the terms and conditions under which you may use or contribute to Our Purpose (“Terms”). These Terms apply to both, individuals and corporates who are seeking suitable candidates to hire, herein referred to as (the Recruiters), and to individuals who are looking for a suitable employment opportunity (the Job Seeker).
Please read this page carefully. If you do not accept these Terms, kindly cease from using Our website located at http://wordpress.webcontrive.com/wc-yogesh/TTT (“Test Tribe Platform/Website”) or any of Our services. By using Our Website, you are indicating your acceptance to be bound by the provisions of these Terms. We may revise these Terms at any time. You must visit this page periodically to review the Terms, because they are binding on you at all times. The term “User” as used herein refers to both Job Seekers and Recruiters who are accessing our Website for any reason.
Capitalized terms used herein without definition shall have the meanings assigned to them in the Website Terms and Conditions and our other Policies.
A. PURPOSE
The Test Tribe Platform/Website is an aggregating platform and serves as a preliminary means of communication for our User(s) who have a genuine desire to contact and/or be contacted for the purposes of job openings and other career improvement services.
B. GENERAL TERMS AND CONDITIONS
1. In addition to these Terms, the User(s) who access Our Test Tribe Platform/Website for the purpose of finding jobs or hiring of candidates will also be subject to Our other policies pertaining to usage of Our Test Tribe Platform/Website (collectively referred to as “Policies”).
2. Any information or personal data shared with Us by User(s) will be subject to Our Privacy Policy. We do not share personal data of any individual with other companies/entities/third parties in a way that is not contemplated or is in conflict with our Privacy Policy.
3. The Test Tribe Platform/Website and the services offered via the Test Tribe Platform/Website (which includes both paid and free services/ products) are meant for only for legitimate and lawful uses which fall within the scope of the Purpose. The Company has the sole and absolute right to determine whether a specific type of action falls within the scope of the Purpose or not.
4. Account: User(s) are required to register on the Test Tribe Platform/Website (the “User Profile“) to access the facilities of the Purpose. We may, at our sole discretion, permit or deny a registration. We request User(s) to provide Us with correct and accurate information including the descriptions of the jobs/vacancies, qualifications, skills etc. Any incorrect information provided will be considered a violation of these Terms. Upon registration, User(s) can create an Password for their Account. Please note that the accounts are specific to the User(s) and shall be connected to the User’s phone number and/or registered email id. You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all activities that occur under your password or account.
(a) You agree to: (a) login with proper username/name as associated with your account; (b) immediately notify Us of any unauthorised use of your password or account or any other breach of security; and (c) ensure that you log out from your account at the end of each session. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this website or portions of it using your password. You are responsible for anything that happens to your account unless you close your account or report any misuse. You are not permitted to transfer your account to any other person or even jointly share access to your account. User(s) understand and agree that We may, in our sole discretion, terminate your access to the Test Tribe Platform/Website without notice and you waive any right to claim access to the Test Tribe Platform /Website or any other claim that you may have, in case of any violation of these Terms. Any data of your usage may be retained or deleted at Our sole discretion. You agree that the contents uploaded can be used and publicly viewed by anyone who access the Test Tribe Platform /Website.
(b) The User(s) expressly state that the resume or information/data fed into Our network by the User(s) is correct and complete in all respects and does not contain any false, distorted, manipulated, fraudulent or misleading facts or averments. We expressly disclaim any liability arising out of the said resume insertion/information/ data so fed into the network of the Company by the User(s).
(c) We will not be liable on account of any inaccuracy of information pertaining to User Profile displayed on the Test Tribe Platform/Website. We do not guarantee confidentiality of information provided to Us by any person/User acquiring/using all/any information displayed on Our Test Tribe Platform /Website as you are fully aware that it is a public platform.
(d) User(s) agree that any reliance on content or information posted on the Test Tribe Website/Website including by other User(s), or on any other form of communication or interaction with other User(s), will be at the User(s) own risk. User(s) are requested to conduct independent checks before proceeding with any transaction or exploring any employment opportunity, based on the data available on the Test Tribe Platform/Website. We do not guarantee the authenticity, nature and/or quantum of the responses to any post or application uploaded by a User or that there will be any response at all. All or any decisions made would be entirely at User(s)’ prerogative and We do not claim to offer any advice, either legal or financial, neither do We provide any guarantees or warrantees.
5. Age: User(s) agree and understand that this Test Tribe Platform/Website and the contents are intended for people who are 18 years of age or above. User(s) hereby represent that they are 18 years of age or above and competent to contract under applicable laws.
6. We state that We never modify or re-create job postings or information and the all the job/vacancies displayed on the Test Tribe Platform/Website are on a “AS IS WHERE IS BASIS”.
7. We assume no liability for the quality and genuineness of responses from Recruiters. We cannot monitor the responses that a User may receive in response to information he/she has displayed on the Test Tribe Platform/Website.
8. User(s) undertake that the services provided through the Test Tribe Platform/Website shall not be utilized to upload, post, email, transmit or otherwise make available either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail. We reserve the right to filter and monitor and block the emails sent by User(s) using the servers maintained by Us.
9. The User(s) shall not upload, post, transmit, publish, or distribute any material or information that is unlawful, or which may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libellous, vulgar, obscene, racially, ethnically, or otherwise objectionable.
10. We will delete the aforesaid posting immediately within 48 hours in the event of any request of deletion or any other concern raised by the original job posting source/owner. We reserve the right to delete the said information at our sole discretion or from any request for the deletion of the same by the job postings owner /source website of job postings, without giving any reason thereof, or as may be required under applicable laws for the removal of the same with or without any notice or information by anyone and /or by any regulatory or judicial authorities.
11. We may further enter into a separate agreement with our Recruiter(s) who want to avail specific services from Us in addition to the Purpose. These paid services will be provided by Us on different terms and conditions that will be agreed upon separately. However, the terms of this policy will be read along with that agreement
12. In addition to the above, depending upon the nature / services chosen, certain additional conditions may apply with respect to Job seekers as provided in Clause M and with respect to Recruiters as provided under Clause N. The User(s) acknowledge that these additional conditions are also an integral part of these Terms.
C. PROHIBITED USE
1. The following actions will inter alia, constitute a misuse of the Test Tribe Platform/Website and are strictly prohibited:
(a) Copying, extracting, downloading, sharing, modifying, selling, storing, distributing, making derivate works from or otherwise exploiting any content, data, information, including profiles, curriculum vitae/resumes, photographs and/or graphics, available on the Test Tribe Platform/Website and/or any services or products of the Company, in any manner or for any purpose which is not, consistent with the Purpose and/or in accordance with the Terms.
(b) User(s) are expressly prohibited from using or exploiting the Website and/or any content or data provided therein for:
(i) any commercial purposes such as creating alternate databases, extending access to the Website to third parties without prior written consent of the Company; and/or
(ii) for seeking fees in any name whatsoever; and/or
(iii) approaching candidates/jobseekers for any purposes other than for specific existing vacancies; and/or
(iv) sharing access with third party/persons.
(c) Using or attempting to use any automated program, software or system or any similar or equivalent process (including spiders, robots, crawlers etc.) to access, navigate, search, copy, monitor, download, scrape, crawl or otherwise extract in any manner, any data or content including but not limited to adding or downloading profiles, contact details, or send or redirect messages from the Test Tribe Platform/Website.
(d) Gaining or attempting to gain unauthorized access (inter alia by hacking, password “mining” or any other means) to: (a) any portion or feature of the Test Tribe Platform/Website which are not intended for you; and (b) any server, website, program or computer systems of the Company or any other third parties and/or other User(s).
(e) Modifying the services provided through the Test Tribe Platform/Website or their appearance using any technology. Accessing the Test Tribe Platform/Website through interfaces other than those expressly provided by Company.
(f) Reverse engineering, decompiling, disassembling, deciphering or otherwise attempting to do any of the aforesaid or deriving the source code for the Test Tribe Platform/Website or any related technology or any part thereof.
(g) Interfering with or disrupting or attempting to interfere with or disrupt (including by using any device, software or routine), the use of the Test Tribe Platform/Website or any computer networks connected to the Test Tribe Platform/Website, by any other User.
(h) Impersonating any other person or entity or User, or making any misrepresentation as to your employment by or affiliation with any person or entity.
(i) Forging headers or in any manner manipulating identifiers in order to disguise the origin of any User information.
(j) Stalking, threatening, or in any manner harassing any other User.
(k) Engaging in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Website (or any part thereof) and providing deep links into this Test Tribe Platform/Website (or any part thereof).
(l) Using the Test Tribe Platform/Website or the contact details of User(s) for transmitting marketing and promotional mailers/ offensive messages/ messages or communications using any media that are unrelated to recruitment or sending unsolicited commercial communications with misleading subject lines in order to intentionally obfuscate the original message.
(m) User(s) shall not spam the Platform or reshare any of the contents of the Platform on any other similar website which contains the proprietary information of the Company.
2. In case of any misuse of the Test Tribe Website/Website, the Company reserves its rights to take any actions as it may deem fit, including (i) suspending or terminating User access to the Test Tribe Platform/Website and/or the Company’s products and/or service, forthwith and without any notice; (ii) removing or disabling any content which is non-compliant with the Terms; and/or (iii) reporting the incident/ misuse to relevant authorities and/or initiating any legal proceedings. In case the User misuse of the Test Tribe Platform/Website results in or is likely to result in any loss or depletion of revenue, reputation or customer base of the Company, the Company additionally reserves its right to seek adequate relief against the said misuse, including relief by way of damages, injunction, etc.
D. INTELLECTUAL PROPERTY RIGHTS AND PRIVACY
1. Recruiters agree to grant Us a non-exclusive, worldwide, royalty-free, sublicensable and transferable license to use, copy, modify, distribute and publish your postings in connection with the Purpose (including for marketing and promotional purposes). Recruiters agree to represent and warrant that you own or have all necessary rights (including intellectual property rights) to your postings.
2. All User(s) will be governed by Our Privacy Policy relating to the performance of these Terms. Recruiters are also obliged to comply with their Privacy Policy in handling the Job Seekers data at par with Our Privacy Policy if not more.
3. Recruiters agree that except for use solely on your own behalf in a manner that does not identify the Job Seekers as associated with Us, transfer any Job Seekers data (including anonymous, aggregate, or derived data) to any job search service, job postings board, data broker or other monetization related service.
E. LINKS TO THIRD-PARTY SITES
The Test Tribe Platform/Website may make available links to other websites. When User(s) click on such links, the User(s) may leave our Test Tribe Platform/Website. These links are provided solely as convenience to the User(s) and the presence of these links shall not under any circumstances be considered as an endorsement of the contents of the same by the Company. The Company is not responsible for the content on such linked third-party websites and does not make any representations relating to the content on such websites. If the User(s) choose to access these websites, the same is done at the risk of User(s).
F. DISCLAIMER
1. The Company shall not be responsible for any content posted by any User(s) / third parties on the Test Tribe Platform/Website. The Test Tribe Platform/Website primarily serves as a portal for online distribution and publication of information submitted by User(s).
In case any inaccurate or otherwise improper content which does not conform to these Terms of Use is sighted on the Test Tribe Website/Website, User(s) are requested to notify the Company of the same by writing to [email protected].
2. To the extent allowed under law, in addition to disclaiming all implied warranties and other warranties as provided in Our other Policies, We disclaim all warranties regarding the Purpose as We act only as intermediaries, including but not limited to any warranty (a) about the accuracy of any Job Seekers information (including but not limited to applications, Job Seekers identities, recommendations, connections, and references; (b) concerning the rate at which your positing reaches a larger visibility.
3. All information available on the Website (including information relating to the company, its products and/or services) is provided on an ‘as is’ basis without any warranties of any kind, express or implied. the company, to the fullest extent permitted by law, disclaims all warranties, including, but not limited to, the warranties of merchantability, title, non-infringement of third parties’ rights, and fitness for a particular purpose. We make no warranties about the accuracy, reliability, completeness, or timeliness of the sites.
4. Without limitation on the foregoing, the company makes no representations regarding the truthfulness, accuracy, completeness, timeliness or reliability of any content posted by User(s), or of any other form of communication engaged in by User(s).
5. We makes no representations regarding the effectiveness of the services. We do not guarantee that the services offered through the Test Tribe Platform/Website will result in candidates being hired and/or vacancies being filled, and We are not responsible or liable for any business, employment, hiring and/or salary decisions, for whatever reason made, made by you
G. LIMITATION OF LIABILITY
User(s) expressly understand and agree that, to the maximum extent permissible under applicable law, We shall not be made liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, revenue, goodwill, use, data or other intangible losses (even if you have been advised of the possibility of such damages).
H. INDEMNIFICATION
1. By accepting these Terms of use, User(s) agree to indemnify and otherwise hold harmless Company, its directors, officers, employers, agents, subsidiaries, affiliates and other partners from any and all direct, indirect, incidental, special, consequential or exemplary damages arising out of, relating to, or resulting from (i) the User(s)’ use of the Test Tribe Platform/Website; (ii) information provided by the User(s); (iii) violation of the Terms by the User(s); (v) any misrepresentation, negligence, fraudulent act of the User(s); (iv) Use of the Test Tribe Platform/Website for any illegal and/or criminal activity and/or violation of any applicable laws; (v) due to any false, distorted, manipulated, defamatory, libelous, vulgar, obscene, fraudulent or misleading facts or otherwise objectionable averments made by the User(s) on the network or Test Tribe Platform/Website of the Company.
I. GOVERNING LAW
Any dispute arising out of these Terms shall be governed and interpreted by, and construed in accordance with the laws of India, and the Courts in Mumbai shall have the sole jurisdiction over any matter, without regard to principles on conflict of law.
J. ENTIRE AGREEMENT
These Terms of use as amended from time to time constitute the entire agreement between you and company regarding the Website.
K. SEVERABILITY
Void provisions shall have no effect on the validity of other parts of these Terms of use if any provision of these Terms of use are held to be invalid or unenforceable by a court of competent jurisdiction, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of use shall remain in full force and effect.
L. AMENDMENT TO THESE TERMS
Company reserves its right to amend / alter or change all or any disclaimers or term(s) or condition(s) of agreements at any time without any prior notice. Such amended Terms shall be posted on the Test Tribe Platform/Website from time to time.
M. TERMS AND CONDITIONS FOR JOB SEEKERS
1. You hereby agree to subscribe to future updates on your registration as a Job Seeker on the Test Tribe Platform/Website. If you wish to not receive future updates from Us please visit our Privacy Policy for further details.
2. When you indicate your interest in our Test Tribe Platform/Website, you may send your application information including relevant documents to Us, and thereby, you agree to authorize Us to make available such application information to the applicable Recruiters(s).
3. The Job Seeker, undertakes that the data/information provided by him is true and correct in all respects.
4. We make no representations or warranties as to the credentials, status, or otherwise of any potential Recruiter who downloads a Job Seekers resume or other information/data and utilises it to contact the respective Job Seeker.
5. We would not be held liable for loss of any data technical or otherwise, or of the resume or information/data or particulars supplied by any Job Seeker.
6. You agree that We are not responsible for the contents of any application form that you may receive from a Recruiter or any of their testing assessments; required documents, or their format or method of delivery.
7. Information you share on your resume is directly shared with Recruiters. Your data may be visible and accessed and stored by others around the world, including countries that might not have a legislation that guarantees adequate protection of personal information as defined by your country of residence. Since We do not take measures to safeguard how third party Recruiters use your information, We will not be liable for any violation that may arise from it.
8. We will not be party to any legal proceedings between Our User(s) contracted through the Website. In case We are implicated in any legal proceedings, costs will be recovered from the party that names Us. However We will abide with any court order served on it through due process.
9. By using the Test Tribe Website/Website, User(s) agree that the Company is not responsible for the content of the Recruiter/employer’s application form, messages, screener questions, testing assessments; required documents, or their format or method of delivery.
10. The Company will not be held liable for loss of any data technical or otherwise, or of the resume/ insertion or information/data or particulars supplied by You due to acts of god as well as reasons beyond its control like corruption of data or delay or failure to perform as a result of any cause(s) or conditions that are beyond the Company’s reasonable control including but not limited to strikes, riots, civil unrest, Government policies, tampering of data by unauthorized persons like hackers, distributed denial of service attacks, virus attacks, war and natural calamities.
N. TERMS AND CONDITIONS FOR RECRUITERS
1. Recruiters are strictly requested to post only one (1) job opportunity for one unique requirement. It is not permitted for posting to solicit applications for more than one position.
2. Recruiters are strictly prohibited from posting any content that contains any unnecessary hyperlinks, HTML Tags, “hidden” keywords, repetitive keywords or any keywords that are irrelevant to the job or are otherwise misleading the information.
3. Any other usage of information received from the Job Seekers apart from recruitment purposes will not be allowed and if used will be used in violation of these Terms.
4. Recruiters are strictly prohibited from sending unsolicited mails, making unsolicited phone calls or sending unsolicited faxes regarding promotions or advertising of products and services to Job Seekers.
5. Recruiters are strictly prohibited from posting jobs that contain multiple job requirements in one job description or refreshing the same job multiple times.
6. Recruiters are strictly prohibited from posting jobs or content seeking money or asking for periodic payments in any form from the Job Seekers.
7. Recruiters are strictly prohibited from posting jobs or content which are not exactly offering jobs but offer services such as immigration /visa processing etc.
8. Recruiters are strictly prohibited from deleting or revising any material posted by any other person or entity.
9. Use our job portal for any unlawful and illegal activity, that is defamatory or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined at Our discretion.
10. You agree to use reasonable measures to protect the confidentiality of Jobs Seekers and to use appropriate security safeguards to protect their data in accordance with industry standards. You may share the information you receive from a Job Seekers only with someone acting on your behalf, provided that you are responsible for ensuring their respective compliance with these Terms.
11. Without limiting the prohibitions in our other Policies, you as a Recruiter agree that you will not enable or authorise any third party or by yourself, by virtue of a positing to :
12. create a posting without a reasonable and legitimate intent to hire for a bona fide job opportunity or the specific position listed.
13. create a posting that intentionally misrepresent the job or a hiring company.
14. create a posting that fails to clearly disclose in any posting that a position is for an independent contractor or is part-time, piecework, commission-based, or has otherwise non-traditional working conditions or compensation may constitute intentional misrepresentation.
15. create a posting that requires payments or recruitment of others or that resemble franchises, multi-level marketing, club memberships, distributorships, or are entirely or almost entirely commission-based.
16. You shall implement adequate technical and organizational controls to protect the shared personal data obtained from the Platform as is necessary to facilitate the portability of the data while sharing the profile of the Job seekers with any hiring company, against unauthorised or unlawful processing and against accidental loss, destruction, damage, alteration or disclosure and use reasonable assistance in accordance with the privacy laws of India.
17. Harass, stalk, or contact any Job Seeker after they have asked not to be contacted.
18. You shall not engage in solicitations, communications or transactions that violate any applicable laws or regulations related to the prohibition of employment discrimination, or that violates applicable laws governing legal eligibility to work.
19. You shall not engage in illegal or fraudulent conduct.
20. Recruiters shall not engage in solicitations, communications or transactions that violate any applicable laws or regulations related to the prohibition of employment discrimination, or that violate applicable laws governing legal eligibility to work.
21. Recruiters shall comply with all applicable data protection laws in relation to the processing of personal data; and not process personal data in an unlawful manner and excessive with regard to agreed purposes as defined in the privacy policy and these Terms.
22. Any piece of personal data that is downloaded by the Recruiters from the Test Tribe Website/Website, shall be used only for fulfilling hiring requirements, any usage for any other purposes is strictly prohibited.
23. Recruiters agree that you are responsible for the documents, screening questions, comment threads, and additional information asked from the job seekers when they apply to a job posted by you through the Website/Website. You shall ensure that any additional information collected from the job seekers during their interaction with you in any form through the interface provided by the Website/Website shall not include special categories of information (such as racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, sexual orientation, passwords, financial information and health information) until explicit consent is taken from the Job Seekers.
24. The Company has the right to make all such modifications/editing of the vacancy details in order to fit its data structure.
25. The Company reserves its right to reject any insertion or information/data provided by you without assigning any reason either before uploading or after uploading the vacancy details.
