1.INTRODUCTION
This "Terms of use" (hereinafter referred to as the"Terms/Contract") shall be a binding contract:
Between
Cruito Solutions Private Limited (hereinafter referred to as "Cruito" or "We" or "Us" or "Our") having
our principal place of
business at Thevara, Ernakulam, India,
AND
User of the Services (hereinafter referred to as "You")
Cruito and You shall be individually referred to as “Party” and together as “Parties” under these Terms.
1.2 The Terms are to be read together by you with any terms, conditions or disclaimers provided in the pages of
our
website. please review the terms carefully. If you access and use this website, you accept and agree to
be bound by and
comply with the Terms and our Privacy Policy. If you do not agree to the Terms or our
Privacy Policy, you are not
authorized to have access and use any of our services.
2. INTERPRETATION
2.1 Candidate is defined to mean a person who is a seeking for a job/internship or other career opportunities.
2.2 You is defined to mean a person interested in any other service offered by Cruito, including Candidates.
2.3 Subscription Plans are those plans designed by Cruito that are shown in the app. Subscription Plans are
subject to
change at the discretion of Cruito. Any such changes are notified on the services in accordance with these
Terms.
2.4 Subscription Term means
a. In case of a free trial: The time period from the date on which you are registered for the Free
trial until
the date and time
of expiry of such free trial.
b. In case of premium accounts (paid accounts): The time period from the date on which you are
registered and
paid for
the premium account until the date on which the your Plan ends or when the plan is cancelled,
whichever is earlier.
3.USE OF CRUITO
3.1 You agree to use Cruito for legitimate purposes and not for any illegal or unauthorized purpose, including
without
limitation, in violation of any intellectual property or privacy law. By agreeing to the Terms, you
represent and warrant that
you are at least the age of majority in your state or province of residence and
are legally capable of entering into a binding
contract.
3.2 You agree not to use Cruito to conduct any activity that would constitute a civil or criminal offence or
violate any law.
You agree not to attempt to interfere with Cruito's network or security features or to gain
unauthorized access to our
systems.
3.3 You agree to provide us with accurate personal information, such as your mobile number, email address,
mailing
address and other contact details in order to contact you as needed. You agree to promptly update
your account and
information. You authorize us to collect and use this information to contact you in
accordance with our Privacy Policy
4.GENERAL CONDITIONS
4.1 We reserve the right to refuse service to anyone, at any time, for any reason. We reserve the right to make
any
modifications to the Cruito, including terminating, changing, suspending or discontinuing any aspect of
the Cruito at any
time, without notice. We may impose additional rules or limits on the use of Cruito. You
agree to review the Terms regularly
and your continued access or use of Cruito will mean that you agree to
any changes.
4.2 You agree that we will not be liable to you or any third party for any modification, suspension or
discontinuance of
Cruito or for any service offered.
5.SERVICES OFFERED
5.1 Services offered under this Contract includes but not limited to providing career discovery, job and
internship
opportunities and other services listed by Cruito from time to time.
5.2 You may avail through the following channels of Cruito namely:
a. Cruito web platform, tools and services accessible via the same,
b. Websites - www.cruito.ai,
c. Cruito mobile application,
d.Our services for configuration, setup and training, and
e. Customer care services of Cruito.
5.3 Cruito will provide services listed herein and on the website/mobile application which permit
you todiscover careers,
find matches, and apply for jobs and internships in source.
5.4 You shall understand and agree that neither Cruito is liable, nor offers any guarantee nor warranties that
there would
be a satisfactory outcome or any outcome at all in the nature of an invitation to interview or
job offer by availing our
service.
5.5 In consideration for the payment of fees, Cruito shall provide the services and features as described
herein and on the
application, which permits you to use the premium features. Such features would typically
include but are not limited to
finding out AI matches, save and apply.
5.6 Subscription Plans (detailed on the mobile application and has voluntarily subscribed by you) limit the
number and
extent of features and services available.
5.7 Free Trial Subscriptions: You may be granted limited access to Cruito at no cost, solely for the purpose of
offering a
preview of the features and services available through Cruito. The free trial subscription plan
can be converted to any paid
subscription plan upon payment of the prescribed fees. Cruito is under no
obligation to return any data entered into or
generated through Cruito to the you.
5.8 Cruito may from time to time add, modify or suspend (temporarily or permanently) the provision of the
services upon
notice to you in the manner herein mentioned. Cruito has sole and complete discretion to
modify the subscription plans as
and when it deems fit. Any changes in modifications in the services or
subscription plans shall be intimated to you in
accordance with these Terms. By continuing to access or use
the service after receiving such notice, you will be agree to
bound by the revised Terms.
5.9 Prices for the services are subject to change, without notice. Unless otherwise indicated, prices displayed
will be in
Indian Rupees.
6.RELATIONSHIP BETWEEN CRUITO AND YOU
6.1 Cruito and you will be independent contractors and nothing in these Terms is intended to, or shall be
deemed to,
establish any partnership, joint venture, employer-employee or agency between the Cruito and you.
6.2 Neither party shall represent themselves as the agent of the other, nor authorise either party to make or
enter into any
commitments for or on behalf of the other party.
6.3 Cruito's obligations shall be limited only to the provision of the services and do not in any way include
acting on the
your behalf.
6.4 You shall not imply or state any endorsement or affiliation with Cruito except as a candidate registered with Cruito.
7. REGISTRATION OF AN ACCOUNT
7.1 In order to create an account, you must enter a genuine cellphone number or email id and other details
requested. You
warrant that the details entered by you are true and valid.
7.2 Your account belongs to You. As between you and others, your you account belongs to you. However, if the
services
were purchased by another party for you to use, the party paying for such service has the right to
control access to and
get reports on your use of such paid service; however, they do not have rights to
your personal account.
7.3 Cruito shall conduct a brief verification of the details entered by You to confirm its validity. In case
Cruito suspects that
any details entered by you are not genuine, or you have created a fake account, Cruito
shall delete, suspend and delete
your account, along with any data in that account, without refunds, if
any.
8.FEES, PAYMENTS, RENEWAL AND REFUND
8.1 Except in the case of Free trials, all amounts associated with the your account are due in full and payable
in advance
(in the beginning of the subscription term) and in the manner described on the website or mobile
application. All such
amounts are based on the subscription plan chosen by you.
8.2 Fees shall be paid by you through various methods of payment provided for by Cruito through its services.
8.3 All fees paid by you are non-refundable. You acknowledges and agrees that no refunds shall be paid on
account of
opting out, cancellation, non-use or partial use of the services.
8.4 All amounts mentioned are maybe or may not be exclusive of GST and other taxes. You are responsible for
paying all
the applicable taxes. Cruito shall, if it has the legal obligation to do so, include such amounts
in the Invoice.
9.PERMISSIBLE USE AND RIGHTS
9.1 During the subscription term, you shall have the limited, non-exclusive and revocable right to access and
use the
service for the purpose of job seeking.
9.2 All Information and content that you shares or posts will be seen by other users or, if public, by visitors.
Cruito will
provide you the facility to change such settings, and will make reasonable efforts to honour
your choices about who can
see content or information.
9.3 The services shall be used in compliance with all applicable laws including, without limitation, all
intellectual property
laws as well as all regulatory requirements. Cruito shall delete your content without
assigning any reason if it has reason to
believe that these terms or any applicable laws have been violated
by posting of such content.
9.4 You shall not
a. do any act to cause disruption of the services, or other user's use of the services,
b. misuse the services by engagement or facilitation of unlawful, illegal, fraudulent, harmful or
unethical conduct, or do
anything in connection with unlawful, illegal, fraudulent or harmful purpose or
activity is strictly prohibited, including
activities such as attempts to scrape data, cause damage to other
yous, is strictly illegal and will lead to permanent
account suspension without any refunds,
c. republish material from the website; sell, rent or sub-license material from the
website;
show any material from the website in public; reproduce, duplicate, copy or otherwise exploit material on this
website for a commercial purpose other
than what is allowed under these terms and conditions; edit or
otherwise modify any material on the website; redistribute
material from this website (except for content
specifically and expressly made available for distribution)
9.5 You are responsible for all the content uploaded within and the communications sent through
your account.
You agree
not to communicate any message or post any content that is may be libellous, harmful to minors,
constitutes pornography,
infringes intellectual property rights of any other party, contains any harmful
materials such as computer viruses, or would
otherwise give rise to civil liability, or that constitutes or
encourages conduct that could constitute a criminal offense
under any applicable law or regulation.
9.6 You shall not use the service in a way that harms us or our advertisers, affiliates, or customers, or use
any portion of
the service as a destination linked from any unsolicited bulk messages or unsolicited
commercial messages ("spam"). You
shall not use any automated process or service to access and/or use the
service or use any unauthorized means to modify
or reroute, or attempt to modify or reroute, the service.
You shall not damage, disable, overburden, or impair the service
(or the network(s) connected to the service
or interfere with anyone's use and enjoyment of the service. You shall not
conduct any systematic or
automated data collection activities on or in relation to Cruito.
10."CRUITO CREDITS" & ITS REDEMPTION
10.1 While using the service, you may be awarded certain reward points which are called "credits".
10.2 You understand and accept that these reward points have no monetary value and Cruito may, at its sole
discretion,
allow them to be redeemed against purchase of some eligible premium services on Cruito.
10.3 These Credits once earned are non-transferable to any other parties and cannot be exchanged for money or
used for
any other purpose.
11.TERM, TERMINATION AND OPTING OUT
11.1 All terms and conditions in these Terms shall begin and be in force (except the obligations pertaining to
confidentiality,
intellectual property rights and indemnity) till the expiration of the subscription term
unless terminated
earlier.
11.2 Upon the expiry of the current subscription term, the subscription plan may not renew automatically for a
subscription
term equivalent in length to the then-expiring subscription term.
11.3 Upon the expiry of the current subscription term, the subscription plan may not renew automatically for a
subscription
term equivalent in length to the then-expiring subscription term.
11.4 Cruito may terminate or suspend the Your account or ability to use the service, in whole or in part, at its
sole
discretion, for any or no reason, and without notice or liability of any kind, in cases such as
violation of these terms. Any
such termination or suspension could prevent you from accessing the service
and your content.
11.5 You may opt out of using the service and delete your account at any time, with or without cause and in
such case, you
shall contact Cruito through the support section of the websites/app. You acknowledges and
agrees that no refunds shall
be paid on account of opting out, cancellation, non-use or partial use of the
services.
11.6 Any amounts owed by either party prior to termination remain owed after termination.
11.7 You should back up/export all of its content before the termination of services or cancellation of the
account. Cruito
shall neither be responsible for returning any of the your content nor be liable any loss of
data on such termination of the
services or cancellation of the your account in accordance with these Terms.
12.THIRD PARTY SERVICES
In order to give to you a better service, Cruito may partner with third party vendors and partners to provide
certain
services. Cruito cannot and does not take any responsibility and does not make any warranty on
behalf of such third party
services.
13.DATA PROTECTION AND SERVICES
13.1 The treatment of all personal information is governed by our Privacy Policy, which is incorporated by
reference into
these Terms.
13.2 Cruito shall act on the request of you and forthwith remove any logos/details displayed on the services.
However,
Cruito shall not be responsible for removal of such details from third parties such as other jobs
sites, Google Search Index,
etc.
14.INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS
14.1 Except for the rights mentioned herein, all rights, title and interest in and to all the trademarks,
copyrights, inventions,
trade secrets, domain names, know-how and any other intellectual property and/or
proprietary rights in or related to the
Cruito web platform, mobile app or other service(s), including the
website, and any part of it (collectively referred to as
"Intellectual Property Rights") shall belong to and
remain exclusively with Cruito.
14.2 Cruito shall be the owner or the licensee of any/all Intellectual Property Rights in the website, and the
content or
material published on it, including but not limited to text, graphics, articles, photographs,
images, illustrations which works
are protected by copyright laws. You shall not use any part of such
content for commercial purposes without our/our
licensor's prior consent vide a license to use. You shall
abide by all copyright notices, trademark rules, information, and
restrictions contained in any such content
or data accessed through the Services, and shall not use, copy, reproduce,
modify, translate, publish,
broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for
any
purposes whatsoever any such content or other proprietary rights not owned by you without the express prior
written
consent of Cruito.
14.3 The product and service names, and logos used or displayed on the service(s) or website are registered or
unregistered trademarks which are intellectual property that shall belong to Cruito and you may only use
such trademarks
to identify itself as a user of the service(s) which You have subscribed to.
14.4 All content that is uploaded to the services by or on behalf of you shall be your property and Cruito
shall claim no
intellectual property rights over such content. As between the you and Cruito, you own the
content and information that
you submit or post to the services and you are only granting Cruito the
following non-exclusive license namely a
worldwide, transferable and sub-licensable right to use, copy,
modify, distribute, publish, and process, information and
content that you provide through the services,
without any further consent, notice and/or compensation to you or others.
14.5 Cruito shall also have a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual
license to
incorporate into the service(s) or website or otherwise use any suggestions, enhancement
requests, recommendations or
other feedback that it receives from or on behalf of you
15.CONFIDENTIALITY
15.1 All information designated as "confidential" that is disclosed by you to Cruito shall not be used or
disclosed for any
purpose outside the scope of these Terms, except when required by the process of law or
with your prior permission.
Such information shall not include information which to the extent such
information is:
- in the public domain,
- required or requested to be disclosed by any applicable Law or any applicable regulatory requirements,
- later acquired by such Party from a source not obligated to any other Party, or its Affiliates to keep such
Information
confidential, - already known or in the lawful possession of a Party prior to disclosure by any other Party,
- materially similar to the information that shall have been independently developed by a Party without
reference to any
Information furnished by any other Party.
15.2 You agrees that Cruito may disclose Information to its partners, employees, consultants, agents or
advisors who have
a strict need to know such information solely for the purpose of performing Cruito's
obligations under these Terms and
only to those who are obligated to maintain the confidentiality of such
information.
16.LIMITATION OF LIABILITY
16.1 To the extent permitted by law, Cruito expressly excludes all liability for any indirect, incidental,
special, consequential,
punitive or exemplary damages, however, caused including but not limited to, damages
for loss of profits, goodwill, or
other intangible losses (even if Cruito has been advised of the
possibility of such damages including, without limitation,
loss of business, lost profits or revenue.), if
such liability results from any of the following namely:
- the use or the inability to use the services,
- statements or conduct of any third party on the service,
- cost of procurement of substitute services resulting from any information or services purchased or obtained
or
messages received or transactions entered into through or from the service.
16.2 Notwithstanding the above, the maximum total liability arising from or in connection with the provision of
the services
or these Terms whether arising in contract, tort or otherwise, shall not exceed a sum
equivalent to the total fees received
by Cruito from you for a period of twelve (12) months preceding the
event giving rise to such liability.
16.3 Cruito shall not be liable for any loss or injury to anyone resulting from unauthorised tampering, hacking,
or other
unauthorized access of the service or your Account.
16.4 Cruito uses reasonable efforts to ensure that the services are available at all times. You acknowledges
that services
interruptions may occur due to maintenance, upgrades and emergency repairs or due to a failure
of telecommunications
links and equipment. You agrees that Cruito will not be liable to itself or any other
party for any loss caused in the event of
such interruptions.
17.DISCLAIMERS OF WARRANTIES
17.1 Cruito provides the service on "as-is" and "as-available" basis, with all faults and as available with no
guarantee to the
accuracy or timeliness of information available from the Service. Cruito gives no express
warranties, guarantees or
conditions and exclude any implied warranties.
17.2 Cruito has no responsibility for any harm to your computer system, loss or corruption of data, or other
harm that
results from your access to or use of the service.
17.3 Cruito does not warrant that the information available on the services is free of errors. Cruito does not
generally
review content provided by you or Partners. You and Partners will be personally liable for any
information or content
provided. By using the services, you acknowledges that the same may encounter
content or information that might be
inaccurate, incomplete, delayed, misleading, illegal, offensive or
otherwise harmful. You acknowledges and agrees that
Cruito shall not be responsible for content on Cruito or
for any damages as result of your use or reliance on such content.
17.4 Cruito's services are limited to displaying such opportunities, from amongst those linked, that fit the
requirements
posted through the partners. You acknowledges that this does not guarantee that it shall find a
suitable opportunity and
Cruito disclaims all liability with regard to the same.
17.5 Cruito neither guarantees nor offers any warranty about the credentials or bona fides of the prospective
employer
who will view/download the content provided/fed by you and will not be liable for the same.
17.6 You shall be solely responsible to check the authenticity of the communication received through its
services from
other Users and Partners of Cruito. Cruito assumes no responsibility or liability in respect
thereof and expressly disclaims
all liability for any act that you may do pursuant to the receipt of such
communication.
17.7 The content on Cruito's website, mobile app or other service is provided for information only. You shall
obtain
professional advice before taking, or refraining from, any action on the basis of such content. No
information or advice
obtained by you from us or through the services or websites shall create any warranty
not expressly stated in these Terms.
17.8 Cruito does not warrant that the functions or features will be uninterrupted, secure, or free of errors.
17.9 Cruito does not warrant that any defects will be corrected.
17.10 Cruito does not warrant that the services or server(s) that make the services available are free of
viruses or other
harmful components.
17.11 Cruito does not provide therapy services or give medical advice. We do not engage in patient diagnosis or
practice of
medicine. The Services are provided for educational and information purposes only. Please do not
ask Cruito for, or rely
on, anything we communicate as medical advice or a substitute for clinical therapy.
Although our apps, website, images,
content, and communications may reference mental health topics, we make
no warranty whatsoever that any of the
articles are accurate, up to date, or error free. Even if a statement
we make is accurate, it may not apply to you or your
specific personality.
17.12 We are not doctors and no clinical mental health services are provided through the Cruito Services. Use
of the
website and/or Services does not establish a doctor-patient relationship. Accordingly, while
communications between you
and Cruito are covered by our Privacy Policy, they are not protected by
physician-patient
privilege or doctor-patient confidentiality. No one at Cruito can take any responsibility
for the results or consequences of any attempt to use or adopt
any of the information presented in our
Services; you're using the Services at your own risk. You should not interpret any
content included through
our Services as an attempt to offer or render a medical opinion or otherwise engage in the
practice of
medicine.
18.INDEMNITY
18.1 You agrees to indemnify, defend, and hold harmless, Cruito and its respective officers, directors,
employees,
members, shareholders, or representatives (and all successors and assigns of any of the
foregoing), from and against any
claim or demand, liabilities, losses, actions, causes of action, costs and
expenses, including but not limited to attorneys'
fees, made by any third party in connection with or
arising out of your use of the service, or infringement of any
intellectual property of other's data in
connection with the use of the Service. Your connection to the services, violation of
these Terms or
Cruito's Privacy Policy, violation of an applicable law, submission, posting, or transmission of your
content
to the services, and/or violation of any rights of another. Cruito reserves the right, at our own
expense, to assume the
exclusive defense and control of such disputes, and in any event you agrees to
cooperate in asserting any available
defences.
18.2 In no event , the Cruito will have no obligations or liability under this section arising from:
- use of the service in a modified form or in combination with materials not furnished by Cruito; or
- any content, information, or data provided by you, Partners, or other third parties.
18.3 This indemnity shall be yours only remedy under these Terms for any violation by Cruito of any third party's intellectual property rights.
19.GOVERNING LAW AND JURISDICTION
19.1 These terms shall be governed by the laws of India.
19.2 The Courts of Ernakulam alone shall have exclusive jurisdiction under these Terms for seeking any injunctive reliefs by the Parties.
20.NOTICE
20.1 You agrees to keep the contact information up to date and that Cruito will not be liable for any action or damages that rise from incorrect or out-dated information.
20.2 You agrees that Cruito shall may provide notices to you as:
- a banner notice on the Service,
- an email sent to an address provided by you,
- through other means including mobile number, telephone, or mail.
21.REVISION OF THESE TERMS
Cruito may, in its sole discretion revise these Terms from time to time, without prior notice in the interest of bettering and furthering our Services. The latest copy will always be available on our website and the onus shall lie on you to keep yourself informed of changes from time to time. If changes to this Terms are made, that in our sole discretion, are material, Cruito shall notify you either by posting a notice of such changes and/or via the email associated with your Account. By continuing to access or use the Service after those changes become effective, you agree to be bound by the revised Terms.
22.SEVERABILITY
22.1 All provisions of these Terms shall be severable and no such provisions shall be affected by the invalidity of any other provision to the extent that such invalidity does not also render such other provisions invalid. In the event of the invalidity of any provision, these Terms hall be interpreted and enforced as if all the provisions thereby rendered invalid were not contained herein.
22.2 If any provision of these Terms shall be susceptible to two interpretations, one of which would render the provision invalid and the other of which would cause the provision to be valid, such provision shall be deemed to have the meaning which would cause it to be valid.
22.3 If any provision of these Terms shall be prohibited by or adjudicated by a court to be unlawful, void or unenforceable such provision shall to the extent required, be severed from these Terms and rendered ineffective as far as possible without modifying the remaining provisions of these Terms and shall not in any way affect any other provisions or the validity or enforcement of these Terms.
23.NON-WAIVER OF RIGHTS AND PRIVILAGES
23.1 Any Party's delay or failure to exercise any right, power or privilege under these Terms shall not operate as a waiver; nor shall any single or partial exercise of any right, power of privilege preclude any other or further exercise thereof.
23.2 Any waiver of a right, power or privilege under these Terms on any single occasion, shall not prevent a Party from subsequently, on any subsequent occasion, requiring and enforcing compliance with the obligations under these Terms.
24.ENTIRE AGREEMENT
24.1 The Terms and any documents expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of the Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
24.2 Both the Parties acknowledge that, in entering into these Terms, neither of them have relied on any representation, undertaking or promise given by the other or implied from anything said or written between You and us prior to such Terms, except as expressly stated in the Terms.
25.HEADINGS
Any headings and titles herein are for convenience only.
26.QUESTIONS AND CONCERNS
26.1 Cruito respect the intellectual property rights of others and require that information posted by on Cruito be accurate and not in violation of the intellectual property rights or other rights of third parties. If you find any content that is not accurate or truthful, you can email us on info@cruito.ai.
26.2 You shall be free to send all your questions, comments and feedback to us.