Candidate - Terms & Conditions

This document is published in accordance with the provisions of the relevant Information Technology laws applicable to your jurisdiction.

The BeatMySalary website (www.beatmysalary.com) and/or mobile application and related services (hereinafter, referred to as "Platform" ) allows recruiters (Recruiters ) to communicate with candidates looking for job opportunities (Candidates ), while maintaining the confidentiality of the Candidate.

This document is applicable to users who access the Platform as Candidates. Those users that access the Platform as Recruiters are bound by the Terms of Use – Recruiters.

The Platform is owned by UpbeatIdeas UK Limited, a company incorporated under the laws of United Kingdom with its registered office at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ (hereinafter, referred to as the "Company ").

For the purpose of interpretation, wherever the context so requires“You”, “Your”or“User”shall mean any natural person, aboveeighteen ( 18 ) years of age, other than a recruiter who has agreed to become a user of the Platform by accessing it in any manner whatsoever.

The terms “We”, “Us” or “Our” shall mean the Company.

Your use of the Platform and all the allied services and tools are governed by the terms and conditions as envisaged herein, including the local laws and policies as may be applicable, which are incorporated herein by way of reference (hereinafter, referred to as"Terms of Use – Candidates")

If you access the Platform, you shall be subject to the Terms of Use – Candidates that may be applicable to your activity on the Platform. You expressly give consent that by mere use of the Platform, you shall be contracting with the Company under these Terms of Use – Candidates, which shall constitute your binding obligations with the Company.

The Company allows you to browse the Platform or its allied features without registering on the Platform. When you use any of the services provided by us through the Platform, including job postings, resume services etc. you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use – Candidates and shall be considered as part and parcel of this Terms of Use – Candidates.

We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use – Candidates, at any time without any prior written notice to you. It is your responsibility to review these Terms of Use – Candidates periodically for updates/changes. Your continued use of the Platform following the posting of changes will mean that you accept and agree to the revisions. We grant you a personal, non-exclusive, non-transferable, limited license to enter and use the Platform, subject to compliance with these Terms of Use – Candidates.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE – CANDIDATES, SO PLEASE READ THE TERMS OF USE – CANDIDATES CAREFULLY BEFORE PROCEEDING.

OUR LIABILITY IS SUBJECT TO LIMITATIONS AND EXCLUSIONS. PLEASE READ THESE SECTIONS CAREFULLY BECAUSE THEY LIMIT YOUR RIGHTS.

User Eligibility

You must register to access certain parts and features of the Platform. Registration requires you to provide personal information.

The Company reserves the right to accept, reject, suspend or delay registration and/or access to the Platform in its absolute discretion, including for non-compliance with these Terms of Use – Candidates.

If you register to use the Platform and/or engage with any Candidate on behalf of a company, you warrant and represent that you have the authority to bind that company.

Information Obligations

You acknowledge that we rely (together with Recruiters) on the accuracy and completeness of information provided by you, including during the registration process. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or there are reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the these Terms of Use – Candidates, we shall have the right to indefinitely suspend or terminate or block access of your access on the Platform and shall reserve all the rights to take necessary legal action against you. Such act on your part shall accrue legal implications due to violation of laws not limited to criminal liability on your part.

We do not endorse and have not verified any Recruiter and make no recommendation, warranty or representation whatsoever in respect of the Recruiters. We are not responsible for any information provided by Recruiter or liable for any reliance you make upon the information or statements conveyed by them, nor are we responsible for the accuracy of any advertisements.

Indemnification

You shall unequivocally agree to indemnify the Company and its affiliates for all losses incurred by it due to any false, distorted, manipulated, defamatory, libellous, vulgar, obscene, fraudulent or misleading facts or otherwise objectionable averments made by you on the Platform.

Communications

When you use the Platform or send emails or provide other information including name, email address, phone number, address, salary, key skills, education details, work experience, age, achievements, etc., (hereinafter, collectively referred to as “Information ”) you agree and understand that you are communicating with us through electronic communication. You are responsible for all content and information published on, sent via or in connection with the Platform (“Information”) and warrant that Information is accurate, complete, honest and genuine. You acknowledge that such content may be made publicly available (and specifically to Recruiters) and that we are not responsible for editing or monitoring Information. We reserve the right to delete any such Information in our absolute discretion. The Company follows high industry standards to store and use the Information. The Company cannot, however, guarantee the security of the Information and shall not be responsible in case for any prejudice to the information. Further, you consent to receive communications via electronic communication from us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

Platform for Transaction and Communication

The Platform related communications allow allows users to connect as Recruiters and Candidates. The Company is not and cannot be a party to any transaction between its users, particularly between you and any Recruiter.

You agree, undertake and confirm that your use of Platform shall be conditional upon and strictly governed by the following binding principles:

  1. All commercial or contractual terms are offered by Candidates and agreed to with Recruiters (or third parties), not the Company.
  2. Company does not make any representation or Warranty as to specifics (such as quality, value, salability, etc.) of the services proposed to be sold or offered to be sold or purchased on the Platform of the third party. Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
  3. To the full extent permissible by law, the Company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose. In particular, the Company does not guarantee that the use of this Platform will result in job offers or employment for Candidates, nor does it guarantee suitable applicants will respond to job announcements by clients.
  4. The Platform 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 by you. Company reserves the right to filter and monitor and block the emails sent by users using the servers maintained by Company to relay emails.
  5. You shall not spam the database maintained by Company or indiscriminately and repeatedly forward mail that may be considered spam etc. etc. Any conduct in violation of this clause shall entitle Company to forthwith terminate all services to you without notice and to forfeit any amounts paid by him.
  6. You 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, or racially, ethnically, or otherwise objectionable.
  7. You warrant that you have shall comply with any and all applicable rules, regulations, guidelines, bylaws and policies in connection with your use the Platform and all information and data provided to or communicated via the Platform. You unequivocally declare that in case you violate any such provisions, you shall alone be responsible for all acts, deeds and things on the Platform and shall alone be liable for civil and criminal liability there under all applicable laws for the time being in force.
  8. You shall not infringe on any intellectual property rights of any person / entity or retain information / download any information from any computer system or otherwise with an intention to do so.
  9. Company shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning you and / or information relating to or regarding online transactions using credit cards / debit cards and / or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used whether or not in pursuance of a legal process or otherwise.
  10. Payments for the services offered by Company shall be on a 100% advance basis. Refund if any will be at the sole discretion of Company. Company offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Customers card/bank accounts. Company gives no guarantees of server uptime or applications working properly. All is on a best effort basis and liability is limited to refund of amount only. Company undertakes no liability for free services.
  11. In case a person using the world wide web/internet receives a spam or virus which includes a link to Company or to any other site maintained, operated or owned by Company, it should not be held responsible for the same. Company assumes no responsibility for such mails.
  12. Company neither guarantees nor offers any warranty about the credentials bona fides, status or otherwise of the prospective employer/organization which downloads the resume/ insertion or information/data and uses it to contact you. Company would not be held liable for loss of any data technical or otherwise, or of the resume/ insertion or information/data or particulars supplied by user 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 Company’s reasonable control including strikes, riots, civil unrest, Govt. policies, tampering of data by unauthorized persons like hackers, distributed denial of service attacks, virus attacks, war and natural calamities.
  13. User further represent that the products/services purchased are not for resale to others.

Use of the Platform

You agree, undertake and confirm that your use of Platform shall be strictly governed by the following binding principles:

  1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:
    1. belongs to another person and to which you does not have any right to;
    2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including "indecent representation of women";
    3. is misleading in any way;
    4. involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
    5. infringes upon or violates any third party's rights [including 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;
    6. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
    7. engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Platform. Throughout this Terms of Use – Candidates, Company's prior written consent means a communication coming from the Company, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorization;
    8. interferes with another USER's use and enjoyment of the Platform or any other individual's user and enjoyment of similar services;
    9. refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use – Candidates.
    10. violates any law for the time being in force;
    11. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
  2. You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password "mining" or any other illegitimate means.
  3. You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Platform, or any other customer, including any account on the Platform not owned by you, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including personal identification or information, other than your own information, as provided for by the Platform.
  4. You may not use the Platform or any content for any purpose that is unlawful or prohibited by these Terms of Use – Candidates, or to solicit the performance of any illegal activity or other activity which infringes the rights of Company and / or others.
  5. You shall at all times ensure full compliance with the applicable provisions of the Information Technology laws applicable in your jurisdiction and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding your use of our Platform. You shall not engage in any activity, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
  6. Privacy Policy applicable to use of the Platform.
  7. We can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
  8. We reserve the right, but has no obligation, to monitor the materials posted on the Platform. Company shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use – Candidates. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect Company views. In no event shall Company assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Platform.
  9. It is possible that other user (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Platform and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Platform, and that the recipient may use such information to harass or injure You. We does not approve of such unauthorized uses, but by using the Platform You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Platform.

Consent to Use of Data

You agree that we can collect, store, use and disclose certain personal information about you (including personal information in accordance with our Privacy Policy).

You agree to comply with the Privacy Policy and, without limitation that information collected can be shared with third parties in connection with any paid services/non paid services on the Platform and you herein by agreeing to this terms and conditions grants explicit permission and approval for the same.

You agree to only provide content or information if that does not violate the law nor anyone's rights (e.g., without violating any intellectual property rights or breaching a contract). You also agree that your profile information will be truthful. Company may be required by law to remove certain information or content in certain countries.

Disclaimer of Warranties and Liability

Each of the disclaimers, limitations and exclusions of liability under these Terms of Use – Candidates operate to the extent permitted by law. This Platform, all the materials and products (including software) and services, included on or otherwise made available to You through this site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Company does not warrant that:

  1. This Website will be constantly available, or available at all; or
  2. The information on this Website is complete, true, accurate or non-misleading.

Company will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Platform. Company does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Platform; their servers; or electronic communication sent from Us are free of viruses or other harmful components.

  1. All the contents of the Platform are only for general information or use. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision. Any specific advice or replies to queries in any part of the Platform is/are the personal opinion of such experts/consultants/persons and are not subscribed to by the Platform. Certain links on the Platform lead to resources located on servers maintained by third parties over whom Company has no control or connection, business or otherwise as these sites are external to Company you agree and understand that by visiting such sites you are beyond the Platform.

Service Payment

While availing any of the payment method/s available on the Platform, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:

  1. Lack of authorization for any transaction/s, or
  2. Exceeding the preset limit mutually agreed by You and between "Bank/s", or
  3. Any payment issues arising out of the transaction, or
  4. Decline of transaction for any other reason/s
  1. You have specifically authorized Company or its service providers to collect, process, facilitate and remit payments and / or the Transaction Price electronically or through Cash on Delivery to and from other Users in respect of transactions through Payment Facility. Your relationship with Company is on a principal to principal basis and by accepting these Terms of Use – Candidates you agree that Company is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on the Platform that are paid for by using the Payment Facility. Company does not guarantee the identity of any User nor does it ensure that a Buyer or a Seller will complete a transaction.
  2. You understand, accept and agree that the payment facility provided by Company is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the Platform using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, Company is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.
  3. Company reserves the right to impose limits on the number of Transactions or Transaction Price which Company may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by laws applicable in your jurisdiction to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
  4. Company reserves the right to refuse to process Transactions by users with a prior history of questionable charges including without limitation breach of any agreements by user with Company or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.

Indemnity

You shall indemnify and hold harmless Company, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use – Candidates, Privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

Applicable Law

Terms of Use – Candidates shall be governed by and interpreted and construed in accordance with the laws of United Kingdom. The place of jurisdiction shall be exclusively in London.

Trademark, Copyright and Restriction

This site is controlled and operated by Company. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Platform is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

Trademark complaint

Company respects the intellectual property of others. In case you feel that Your Trademark has been infringed, You can write to Company at support@beatmysalary.com.

Limitation of Liability

IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE – CANDIDATES, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

Notices

You can contact our service team by email (support@beatmysalary.com) or using any other details published on the Platform. We will notify you of a change of details from time-to- time by publishing new details on the Platform.

Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Platform.

Throughout these terms, “prior written consent” means an electronic communication from the Company, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorisation.

We will send you notices and other correspondence to the email address that you submit to the Platform, or that you otherwise notify to us. It is your responsibility to update your contact details as they change.

A consent, notice or communication under this agreement is effective if it is sent as an electronic communication (having the meaning given to that term in Electronic Communications Act 2000 and the Electronic Signatures Regulations 2002) unless required to be physically delivered under law.

Availability

The Platform is designed for operation on specific operating systems (such as, browser type). You must ensure that your device is compatible and meets all necessary technical specifications to enable you to download, access and use the Platform.

We make no guarantees, implied or express, as to the ongoing availability of the Platform. You agree that we are not liable for any loss or damage that you or any other person incurs by not being able to access the Platform or any offer of services, including any engagement with a Recruiter.

General

The Company may assign or otherwise create any interest in their rights under these Terms by giving you written notice.

We may in our absolute discretion amend these Terms at any time, which shall become effective by giving you notice.

Any provision of these Terms, which is invalid or unenforceable in any jurisdiction, is, as to that jurisdiction, ineffective to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms or affecting the validity or enforceability of that provision in any other jurisdiction. The parties will negotiate in good faith to replace any such provision with a provision which is valid and enforceable and consistent with the intention of these Terms, so far as is reasonably practicable.

These Terms form part of an ecommerce transaction and the parties agree that these Terms may be accepted electronically and the agreement to these Terms is formed & validly entered into electronically.

Any termination of these Terms does not affect the parties’ rights in respect of periods before the termination of these Terms.

Applicable Law

This Terms of Use – Candidate and the binding contract with each Recruiter shall be governed by and interpreted and construed in accordance with the laws of England subject to the local laws as applicable based on your jurisdiction. The place of jurisdiction of any dispute arising of this contract shall be exclusively in London, England.