Terms of Use & Undertaking

Terms of Use & Undertaking

When you continue to browse and use this Website, you are agreeing to comply with and be bound by the following policies i.e., Terms of Use & Undertaking and Privacy Policy and other such policies including amended policies which govern iSummation Technologies’ relationship with you. All such policies are made easily accessible to you under various tabs of the Website for your perusal and reference at your convenience.

This document a legally binding Agreement made between you, whether personally or on behalf of an entity (“you”, “your”, “Users”, “Site Visitors”, “Client” or “Talent”) and iSummation Technologies Pvt. Ltd. (“we,” “us” or “our”), concerning your access to and use of the www.isummation.com Website as well as any other media form, platform, media channel, mobile Website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”, “Site Services” or “Website”).

We grant you a limited license to access the Site and Site Services. This license is subject to and conditioned on compliance with the Site Terms of Use and, to the extent applicable, the rest of the Terms of Service.

We try to keep our Site and the Site Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. In fact, we might even stop providing the Site or Site Services completely or stop providing certain features without notice.

The provisions of this Agreement apply to both the Client and the Talent or anyone who desires to use this Website. The respective rights and obligations shall be as defined under this Agreement, respectively as mentioned.

Terms of Use

The use of this Website is subject to the following terms of use:

The content of the pages of this Site or Website is for your general information and use only. It is subject to change without notice.

This Website uses cookies to monitor browsing preferences. If you do allow cookies to be used, the personal information may be stored by us for use by third parties.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this Website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Website meet your specific requirements.

When you post content on the Site or through the Site Services or provide iSummation Technologies with user content, you understand and acknowledge that you are solely responsible for such user content. Further, you represent and warrant that you have the right, power, and authority to (a) post that user content without violating the rights of third parties, and (b) grant the licenses of user content.

You acknowledge and agree that the poster of user content, and not iSummation Technologies, is responsible for any user content including any harms caused to you, another user, or a third party by such user Content.

You may submit comments or ideas about the Site and Site Services, including without limitation about how to improve the Site or Site Services (collectively, “Ideas”). By submitting any Ideas, you agree that: (a) your disclosure is voluntary, gratuitous, unsolicited, and without restriction and will not place iSummation Technologies under any fiduciary or other obligation, (b) your Ideas do not contain the confidential or proprietary information of third parties, and (c) you grant us a perpetual and royalty-free license to use the Ideas without any additional compensation to you and to disclose the Ideas on a non-confidential basis or otherwise to anyone. You further acknowledge and agree that, by acceptance of your submission, iSummation Technologies does not waive any rights to use similar or related ideas, including those known or developed by iSummation Technologies or obtained from sources other than you.

You will indemnify, defend, and hold harmless iSummation Technologies, our Affiliates, and our respective directors, officers, employees, representatives, and agents (each an “Indemnified Party”) from any and all claims, damages, liabilities, costs, losses, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party or other User against an Indemnified Party relating to or arising out of any User Content you post.

This Website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, user interface and graphics. Reproduction is strictly prohibited.

All trademarks reproduced in this Website which are not the property of, or licensed to, the operator are acknowledged on the Website.

Unauthorized use of this Website may give rise to a claim for damages and/or be a criminal offence.

We may terminate any license it has granted to any Site Visitor or User to access the Site and Site Services by providing notice, and the termination of such license shall be effective immediately upon iSummation Technologies providing such notice.

From time to time this Website may also include links to third party websites or other websites. These links are provided for your convenience to provide further information. The inclusion of any link or application do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). Such third-party website(s) or applications are owned and operated by the third parties and/or their licensors. You use the links and third-party websites at your own risk and agree that your use of an application or third-party website accessed via our Site is on an “as is” and “as available” basis without any warranty from iSummation Technologies for any purpose.

iSummation Technologies is committed to complying with governing and related laws including intellectual property rights and requires all Site Visitors and Users to comply with these laws. Accordingly, you may not use the Site to store any material or content, or disseminate any material or content, in any manner that constitutes an infringement of third party intellectual property rights, including rights granted under related laws.

You may not use, or encourage, promote, facilitate, or instruct, induce, or otherwise influence or cause others: (1) to use the Site or Site Services for any activities that violate any law, statute, ordinance or regulation; for any other illegal or fraudulent purpose or any purpose that is harmful to others, or (2) to transmit, store, display, distribute or otherwise make available content that is illegal, fraudulent or harmful to others.

We reserve the right, but do not assume the obligation, to investigate any potential violation of these Site Terms of Use and to remove, disable access to, or modify any content on the Site. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms of Use or the User Agreement.

Your use of this Website and any dispute arising out of such use of the Website is subject to the laws of India.

If you become aware of any violation of these Site Terms of Use, you must immediately report it to Customer Service. You agree to assist us with any investigation we undertake and to take any remedial steps we require in order to correct a violation of these Site Terms of Use.

Undertaking / Obligations of the User(s)

Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of India, foreign jurisdictions, and international conventions.

The Content and the Marks are provided on the Site “AS IS” for your information and personal use only.

You undertake that, except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

You acknowledge that you are eligible to use the Site and you are granted a limited license to access and use the Site; and you acknowledge that we reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.

Confidential Information

“Confidential Information” means certain trade secrets, oral and written communications including questionnaire, online assessment and results thereof and other non-public information that we may disclose to you for the purposes of taking interviews of Talent(s), their assessment, evaluation, appraisals and for the performance of services, that is of value to us and is treated as confidential. Confidential Information is and will remain our sole and exclusive property.

You undertake to hold Confidential Information in strict confidence and not to make any personal or commercial use or disclose the Confidential Information to any person (whether an individual, corporation, or other entity) under any circumstances.

The Client undertakes not to solicit, engage or attempt to engage the Talent by using the Confidential information provided by us to you with intention to gain profit and benefit and cause loss or harm to us.

You undertake not to copy any documents or download information from our software or online test, or to take any extracts from such documents or downloaded information; not to modify, reverse engineer, disassemble, create other works from, or decompile any prototypes, software, or other tangible or intangible objects; and not to copy at any time whether in whole or in part or adapt in any way the Confidential Information.

You undertake to take all actions reasonably necessary to ensure that the Confidential Information remains strictly confidential and is not disclosed to or seen, used or obtained by any person or entity. You agree not to contact any employees, clients, or agents or its affiliates with respect to gain Confidential Information or for the purpose of obtaining information about your assessment and all process related thereto.

You undertake that at the end of assessment, you will return all the Confidential Information to us, and if you are not selected to be on Pool Boarding Platform of iSummation Technologies for any reasons, you will ensure that all Confidential Information in your custody in whatever form, in actual or constructive possession are returned to us.

You undertake to take every reasonable precaution to safeguard the Confidential Information and shall exercise at least the same degree of care for this purpose as you would exercise to protect the confidentiality of your own information of the same importance provided such care is at least reasonable care.

You acknowledge that the obligation not to disclose the Confidential Information shall remain at all times, irrespective you are selected or rejected upon assessment, and at no time you will be permitted to disclose Confidential Information.

Limitations of Liability

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Site, even if we have been advised of the possibility of such damages.

No Waiver

No failure or delay in exercising any right, power, or privilege hereunder will operate as a waiver thereof nor will any single or partial exercise thereof prevent any other or further exercise thereof or the exercise of any other right, power, or privilege hereunder.

Remedies

You acknowledge and agree that money damages would not be a sufficient remedy for any breach of this Undertaking, and you further acknowledge and agree that we will be entitled to seek specific performance and injunctive relief as remedies for any such breach. Such remedies will not be deemed to be the exclusive remedies for a breach of this Undertaking but will be in addition to all other remedies available at law or in equity.

Indemnification

You indemnify and hold us harmless and our affiliates and our respective directors, officers, employees, agents and representatives from and against any and all losses, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees and expenses) caused by or arising out of any direct breach of this Undertaking or any direct breach for it is responsible hereunder, and any and all actions, suits, proceedings, claims, demands or judgments incident thereto.

No Licenses

We do not grant any licenses, by implication or otherwise, under any patent, copyright, trademark, trade secret or other rights by disclosing Confidential Information to you.

Dispute Resolution

The Parties agree to first mediate any disputes or claims between them in good faith and resolve the disputes amicably and share the cost of mediation equally. In the event that conciliation and mediation fail, any claim arising out of or relating to this Undertaking shall be settled by Arbitration in accordance with the Indian Arbitration and Conciliation Act, 1996. All hearings will be held in Ahmedabad and shall be conducted in English. The parties shall each appoint an arbitrator who shall then appoint a sole arbitrator to preside over the Arbitration proceedings.

Governing Law

This Undertaking shall be governed and construed in accordance with the laws of India and the State of Gujarat consents to the exclusive jurisdiction of the state courts located there for any dispute arising out of this Undertaking.

Changes to this Policy

This Policy was last updated as mentioned above and we would recommend that you look back at this notice from time to time to check for any updates. The provisions of this Policy are subject to change without notice and it shall be your sole responsibility to check for any updates. Your continued use of the website or platform after any changes or revisions to this Policy shall indicate your agreement with the terms of such revised Policy, without prejudice to your rights under the applicable law.