Crossbow Global Marketplace Solutions Pvt. Ltd. (“Crossbow”) is inter alia in the business of providing a platform for digital verification of candidates(“Services”) through the software, developed and owned by Crossbow under the name and style -“Digiverifier”forcompanies/persons(“Clients”).These Services are provided to Clients who are looking to provide newemployment opportunitiesto suitable person/s, hereinafter referred to as thecandidates (“Candidates.”)The Services are provided through the online Website ofCrossbow–www.digiverifier.com(“Site”). The Clients and the Candidates are referred to as the “Users” of the Site. The Users shall read these Terms of Servicecarefully before using the Site.
Use includes loading, using or viewingthe Service. By using any part or whole of the Site, the Users indicate agreement and acceptance to the following terms and conditions and disclaimers as an express agreement between Crossbowand the Users. If the User does not understand these terms, conditions, and disclaimers, or does not agree to and accept them, then the User may not use or view any part or whole of the Services.
1. Change to Terms of Service
Crossbowreserves the right to change, amend, add, update and modify the Terms of Service at any time without notice. In near future new featuresmay be added to the Service which shall be subject to the Terms of Service. The Users shall be responsible for regularly reviewing these Terms of Service to obtain timely notice of such changes. Users’ continued use of theSiteafter changes are posted constitutes their acceptance of the amended Terms of Service. Violation of any part of the Terms of Service will result in termination of the Users’account.
2. Sign-Up
Users may be requested to register and login on theSiteby providing the details required and register an account in order to use the Site. In creating an account, the Users agree to:
- Provide honest, accurate, current and complete information regarding themselves,
- Keep all information updated and accurate,
- Notify Crossbowif they discover orsuspect that their account has been hacked or its security is breached, and
- Users agree to comply at all times with any instructions for use of the Site, which Crossbowmakes from time to time.
Users also agree to take responsibility for all activities on or under the account registered in their name and they accept all risks for any unauthorized use of their account.
3. Fees and Payment
3.1 The fees for the Services provided by Crossbow to the Clientsshall be at the rate mutually agreed between the parties.
3.2 The Candidates shall be charged no fees for the provision of Services by Crossbow.
3.3 All fees will be non-refundable once paid to Crossbow(including upon any termination or suspension of theseTerms of Service).
4.Taxes
The Users shall solely be responsible for any and all duties, taxes, levies or fees imposed on or in connection with the Servicesby any authority, without any liability to Crossbow.
5. Access Grant and Restrictions
5.1The software and the Services provided through the Siteare owned by Crossbow. Crossbowconfers no title or ownership in the software or the Services. Subject to the terms and conditions of theseTerms of Service, Crossbow grantsthe Usersa worldwide, non-exclusiveandnon-transferable right to: (a) access the features and functions of the Services solely for the Users’ access to Services during the term; and (b) view, download, reproduce, and other related detailsmade available to the Usersthrough the Services. Crossbowmay suspend access for any User who violates theseTerms of Service, provided that such violation is not cured within thirty (30) days of the Userreceiving written notice thereof.The User’s access to the Services will be suspended during the said cure period of thirty (30) days.
5.2 Useragrees that the Userwill not: (a) permit any third party to access and/or use the Service, other than the Usersauthorized under theseTerms of Service ; (b) rent, lease, loan, or sell access to the Services to any third party; (c) interfere with, disrupt, alter, translate, or modify the Services or any part thereof, or create an undue burden on
the Services or the networks or services connected to the Service (d) reverse engineer, decompile, disassemble or otherwise attempt to obtain or perceive the source code from which any software component of the Services are compiled or interpreted, and Users acknowledge that nothing in theseTerms of Servicewill be construed to grant Usersany right to obtain or use such code; (e) access the Services in order to build or create a derivative, competitive or similar product or service or copy any ideas, features, functions or graphics of the Services; or (f) introduce software or automated agents or scripts to the Services so as to produce multiple accounts, generate automated searches, requests andqueries, or to strip or mine data from the Services.
5.3 The Users agree not to attempt to access any of the Services by any means other than through the interface that is provided by Crossbownor to engage in any activity that interferes with or disruptsthe Services or infringes on Crossbow’sand/or its 3rd party vendors’ brand or intellectual property. The Userswill use the Services in conformance with all applicable laws. In addition, the Users agree not to use, or encourage or permit others to use, the Services to: (a) stalk and/or harass another; (b) harm minors in any way; (c) impersonate any person or entity, or falsely state or otherwise misrepresent User’s affiliation with a person or entity; (d) forge headers or otherwise manipulate identifiers to disguise the origin of any content posted on or transmitted through the Service; (e) use the Services or content such that it will mislead a third party into believing that he or she is interacting directly with Crossbowor the Service; (f) engage in any chain letters,contests, junk email, pyramid schemes, spamming, surveys or other duplicative or unsolicited messages (commercial or otherwise); (g) access or use the Services in any manner that could damage, disable, overburden or impair any Crossbowserver or the networks connected to any of Crossbow’sserver; (h) harvest, collect, gather or assemble information or data regarding otherusers without their consent.
6. Use by Minors
The Siteshall not be used by minors. The Siteis directed only to individuals who are permitted to legally enter into contracts in India and those who do not require consent from their natural/legal guardianto do so. Crossbowhas hereby cautioned all Users of the same. However, if the Siteis used by minors irrespective of such caution by Crossbow, then Crossbow shall not be responsible for any claims from any authorities/third parties regarding the same.
7. Content
Users shall not in any way use the Siteor submit to the Siteanything which in any respect is:
- In breach of any law in India,
- Fraudulent, criminal or unlawful,
- Inaccurate or out-of-date,
- Obscene, indecent, harassing, libelous, abusive, vulgar, profane, racist, discriminatory, offensive, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, defamatory, untrue or political, or otherwise unlawful,
- Impersonates any otherperson or misrepresents a relationship with any person,
- Transmitting material that encourages conduct that constitutes a criminal offence or results in civil liability or otherwise breaches any relevant laws, regulations or code of practice,
- Gaining unauthorized access to other computer systems,
- Interfering or disrupting networks or websites connected to the Site.
- An infringement or breach of the intellectual property rights or privacy or other rights of Crossbowor any third party,
- Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner,
- Contrary to the interests of Crossbow, or
- Contrary to any specific rule or requirement that Crossbowstipulates on the Sitein relation to a particular part of the Site or the Sitein general.
7.1 Users’ Content
The Candidategrants Crossbowa non-exclusive, worldwide, royalty-free and fully paid license touse, copy, anddisplaythe content solely for the purpose of and to the extent necessary to provide the Services hereunder to the Users; andupon the consent of the Candidates, Crossbow shall have the right to verify documents and records of the Candidates, such as copies of their marks cards, TDS, IT returns, bank statements etc., that are provided to Crossbow for their record and verification purposes(“Content”).
The ClientsgrantCrossbow non-exclusive, worldwide, royalty-free and fully paid license touse Clients’trademarks, service marks, and logos to provide the Services to the Usersas set forth hereunder. All rights in and to the Users’Content not expressly granted to Crossbowin theseTerms of Serviceare reserved by the Users. As between the parties, Usersretainall right, title and interest in and to the Users’ Contentand Crossbowacknowledges that it neither owns nor acquires any additional rights in and to the Users’ Contentnot expressly granted by theseTerms of Service. Crossbowfurther acknowledges that Usersretain the right to use theirrespective Contentfor any purpose inthe User’ssole discretion.
Users shall be responsible for and assumes the risk, responsibility and expense of: (i) any problems resulting from, the accuracy, quality, integrity, legality, reliability, and appropriateness of all such Users’Content; (ii) Users’ Content violating or infringing any third party’s rights including, but not limited to, privacy, publicity or intellectual property rights.
7.2 Users’ Responsibility for their Content
Notwithstanding anything to the contrary herein, Users are responsible for all Content they create, make available or post to the Services, and Crossbow does not assume any responsibility thereof. The Content shall be in English, shall be legally sound and not violate any laws in force. Users may exposethemselves to liability if, for example and without limitation, their Content contains material that is: (i) false, intentionally misleading, or defamatory; (ii) violates any third-party right; (iii) contains material that is unlawful, including illegal hate speech or pornography; (iv) exploits or otherwise harms minors; or (v) violates or advocates the violation of any law or regulation. Accordingly, the Users agree that any and all Content shall comply with these Terms of Service and any policies and guidelines that may be posted by Crossbowfrom time to time.It is expressly made clear that the Clients submitting the personal information of the Candidates,for theverification purpose,shall have obtained the prior consent of such Candidate for such submission/disclosure to Crossbow.It shall be the sole responsibility of the Client to conform with this requirement of law and shall keep and hold Crossbow indemnified against any claim/damages/suit initiated or brought by the Candidate against Crossbow for violation of their privacy.
7.3 Preservation of Content
Crossbowmay preserve the Users’ Content and may also disclose such Content, with or without notice to the User, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process;(b) enforce these Terms of Service; (c) respond to claims that the Users’ Content violates the rights of any third party; or (d) protect the rights, property, or personal safety of Crossbow, its users and the public.
8. Damaging the Site
Users agree not to access without authority, interfere with, damage or disrupt:
- Any part of the Site,
- Any equipment or network on which the Siteis stored,
- Any software used in the provision of theSite, or
- Any equipment or network or software owned or used by any third party.
9.Confidentiality
9.1 The Users understand that making available or providing access to contenton or through the Services is entirely voluntary and Crossbowmay expose their content in a non-confidential manner. The Candidatesunderstand that Crossbowand the Usersmay view the Candidates’Contentand shall only divulge it to such persons as neededfor the purpose of the Services under this Agreement.
9.2 The Candidates shall not disclose/divulge the contents of any tangible/intangible information obtained or disclosed to it by Crossbow or any Client,including any details, documents, financial quotes, invoices, information and know-how received in any medium of expression, whether or not marked.
9.3 Each party agrees to: (a) use the Confidential Informationof the other party only for the purposes described and as permitted herein; and (b) restrict access to the Confidential Information to such of its personnel, agents, and/or consultants, if any, who have a need to have access and who have been advised of and have agreed in writing or are otherwise bound to treat such information in accordance with theseTerms of Service. The foregoing provision will not apply to Confidential Information that (a) is publicly available or in the public domain at the time disclosed; (b) is or becomes publicly available or enters the public domain through no fault of the recipient; (c) is rightfully communicated to the recipient by persons not bound by confidentiality obligations with respect thereto; (d) is already in the recipient’s possession free of any confidentiality obligations with respect thereto at the time of disclosure; (e) is independently developed by the recipient; or (f) is approved for release or disclosure by the disclosing party without restriction. Notwithstanding the foregoing, each party may discloseConfidential Information to the limited extent
required (1) in order to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that the party making the disclosure pursuant to the order will first have given written notice to the other party and made a reasonable effort to obtain a protective order; or (2) to establish a party’s rights under this Agreement, including to make such court filings as it may be required to do.
9.4 “Confidential Information” for the purpose of theseTerms of Servicemeans any non-public material or information relating to a partyincluding any details, documents, bank details, financial quotes, invoices, information, know-howetc., which it discloses or makes available to the other party under these Terms of Servicethat such disclosing party treats as proprietary or confidential, unless otherwise set forth herein.
10. Privacy
Crossbow may collect the following personally identifiable information about the Candidate: Name including first and last name, email address, mobile phone number and contact details, salary slip, experience certificate, candidate’s bank credentials etc. Crossbow may also collect information about theClientssuch as employee details, documents, financial quotes, invoices, information, know-howandCrossbow may generally collectinformation about the pages on the Site the Users visit/access, the links that the Users click on the Site, the number of times the Users access the page and any such browsing information, which is used and disclosed in accordance to the terms set out in the Privacy Policy. Crossbowmay use third parties in some occurrences to offer technical support. In such cases, the Crossbowonly gives them access to the information needed to do their job, and Crossbowrequires that they abide by the Crossbow’sPrivacy Policy.
11. Users Agree and Confirm
That the Users will use the services provided by Crossbow, for lawful purposes only and comply with all applicable laws and regulations while using and transacting on the Site.
The Userwill provide authentic and true information in all instances where such information is requested of the User. Crossbowreserves the right to confirm and validate the information and other details provided by the User at any point of time. If upon confirmation, the Users’ details are found not to be true (wholly or partly),Crossbowhas the right in its sole discretion to reject the registration and debar
the User from using the Services on the Siteand / or other affiliated websites without prior intimation whatsoever.
That the Users are accessing the Services available on this Site and transacting at the Users’ sole risk and are using their best and prudent judgment before entering into any transaction through this Site.
Candidates agree and understand that registering and applying for job opportunities does not guarantee that they shall be recruited for such roles or be given an opportunity to be interviewed for the same. That shall be at the sole discretion of the Clientsadvertising the job opportunities and the Candidates cannot make any claims against Crossbow in the said regard.
12. Limitation of Liability
Crossbowshall not be liable for any claims, demands and damages of any kind arising from the Users’ use of or inability to use the Site.Crossbowshall not be responsible for any claims, demands and damages of any kind arising out of or in any way connected with any disputes arising between the Users and third parties or among different Users.
The Users assume all responsibility and risk with respect to their use of the Site. Users agree and understand that, to the fullest extent permitted by law, Crossbowdisclaims all warranties, representations and endorsements either express or implied with regard to the Site. If information provided by Users is misleading or incorrect, Crossbowshall not be liable for the same and there shall be no such claims against Crossbowin the said regard.
The Users agree not to reproduce, duplicate, copy or re-sell the Siteor any part thereof except as may be permitted by these Terms of Service. Any such unauthorized use of the Site by the Users will make them liable to pay Crossbowdamages.
In no event shall Crossbowbe liable to the Users for any consequential, special, incidental or indirect damages of any kind arising out of the performance oruse of the services, even if Crossbowhas been advised of the possibility of such damages. In no event will Crossbow’sliability for any claim, whether in contract, tort or any other theory of liability, exceed the fee paid by the User, if any.
In case offorce majeure beyond the control of Crossbow such as the Site,or any software related to that, being hacked by third parties, network issues, etc., Crossbowshall not be held responsible for any claims from the Users.
Crossbowshall not be responsible in the event of any third party claim that the Siteor the possession and use of the Site byany User infringes such third party’s intellectual property rights.
The Users represent and warrant that their use of the Sitewill strictly be in accordance with these Terms of Service and with all applicable laws in India regarding online conduct and acceptable content. Crossbowshall not be held responsible for the same. The User further agrees that this is a binding agreement between Crossbowand the User and that the User is legally competent to accept these Terms of Service, as per laws of India.
13. Indemnification
The User agrees to indemnify Crossbowagainst any and all losses, expenses, damages and costs resulting from the use of the Sitenot in accordance with these Terms of Service and/or any violation of these Terms of Serviceor the applicable laws. Crossbowhas the right to assume the exclusive defense and control of any demand, claim or action arising herein or in connection with the Siteand all negotiations for settlement or compromise. The User agrees to fully cooperate with Crossbowin the defense of any such negotiations as requested by Crossbow.
14. Intellectual Property Rights
Crossbowretains all right, title and interest, including without limitation to the intellectual property rights upon and relating to theSite, including but not limited to, all software, technology, documents, products, logos, graphic, sounds, images, information, content materials, guidelines and documentation. The Users will not acquire any title, right or interest therein, except for the limited use rights expressly set forth in these Terms of Service. Any rights that Crossbowdoes not expressly grant herein are deemed withheld. It is clearly and well understood by and between the parties that Crossbowis in no way transferring or assigning its proprietary rights of the Siteto the Users or any other party and it shall remain the exclusive property of Crossbow. Crossbowreserves the right, at its sole discretion, to modify, change, update and/or enhance the Site. Crossbowalso reserves the right, in its sole discretion and at any time, to terminate the Users’ access to the Site and/or any of its services without liability to the Users or any third party.
The Users shall not modify the paper or digital copies of any materials from the Sitein any way. None of the materials present on the Siteshall be used for commercial purposes by the Users without obtaining a license from Crossbowto do so. If Users
print, copy or download material from the Sitein breach of these Terms of Service, their right to use the Sitewill cease immediately and they shall, at Crossbow’soption, return or destroy such copies of the materials they made.
15. Third Party Websites
The Users must comply with any applicable third party terms of agreement when using the Site. Crossbow has no control over and accepts no responsibility for the content of any third party links from the Site. The linked websites or mobile applications are provided for the Users’ convenience without any warranty, express or implied, for the information provided within them. Crossbowdoes not provide any endorsement or recommendation of any link of a third party website or mobile application. The terms and conditions, terms of use and privacy policies of those third party website or mobile applications will apply to the Users. Crossbowshall not be liable for any queries, concerns or complaints about such third party website or mobile applications. It is the Users’ responsibility to take precautions to ensure that whatever is selected for use is free of viruses or other items of a destructive nature.
16. Severability
In the event of invalidity of any provision of theseTerms of Service, the parties agree that such invalidity shall not affect the validity of the remaining portions of theseTerms of Service.
17. Termination
This service will terminate automatically, without notice from Crossbow, if the User fails to comply with the Terms of Service. Upon termination, the User shall immediately discontinue use of the Services and destroy all copies of the Services. All payments made by Usersare non-refundable (if any).
The Usersmay terminate their relationship with Crossbowby providingwritten notice (via email and followed by registered post acknowledgement due) to that effect to Crossbowand deleting its account with the Site.Notwithstanding termination, the following provisions shall survive: Users Agree and confirm clause, Users’ responsibility for their Content, Users’Indemnification, Confidentiality and Limitation of Liability. All other rights granted under this service will cease upon termination.
18. Waiver
The failure of either party to insist upon a strict performance of any of the terms or provisions herein or to exercise option, right or remedy herein contained, shall not in future be construed as waiver or a relinquishment of such terms, provisions, option, right or remedy, but the same shall continue and remain in full force and effect. No waiver by either party of any term or provision hereof shall be deemed to have been made unless expressed in writing and signed by such Party.
21.Governing Law, Dispute Settlement and Jurisdiction
TheseTerms of Service shall be construed in accordance with the applicable laws of India. The Courts at Bangalore shall have exclusive jurisdiction in any proceedings arising out of these Terms of Service. In the event of any dispute or difference either in interpretation or otherwise, of any terms of this Terms of Service between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed byCrossbow and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Bangalore -Karnataka. The Courtsat Bangalore -Karnataka alone shall have the jurisdiction and the Laws of India shall apply.
22. Miscellaneous
ThisTerms of Service (and the Privacy Policy of Crossbowalong with any other terms and conditions specified by Crossbow, such as those sent via email, etc.) containsall the terms agreed between the parties regarding the Site, Serviceand its use and supersedes and excludes any prior terms and conditions between the partiessave and except any written agreement entered into between the parties, whichshall prevail over these Terms of Service in case of conflict.