FindingJo Terms Of Service
Effective From: 15 April 2020
1. Introduction and Services
You are entering into this Agreement with FindingJo (FindingJo, Busbusa Technologies or, as used herein, "FindingJo", "We", "Our", or "Us"). When You (individually or the entity that You represent) use Our Services, You are agreeing to the Terms of Service (the “Agreement”) below.
This Agreement applies to (the “FindingJo Site” and/or the “FindingJo Service”), the FindingJo branded app (the “App”), and other FindingJo related sites, apps, communications and other services that state that they are offered under this Agreement (“Services”). When we refer to the "FindingJo Site" throughout this Agreement without explicitly mentioning the App, the provisions stipulated at those places apply to all the FindingJo Services including the Site, the App, or any other Service unless indicated otherwise, independent of versioning, or whether an App is already released or will be released in the future.
This Agreement applies to all registered users of Our Services (“Users,” or as used herein, “You,” “Your”, “Yourself”), including, but not limited to, Users who are seeking employment and/or contractor opportunities through Our Services (“Talents”, "Candidates"), companies interested in hiring or engaging or interviewing Talents (“Clients”), and users who independently source and list Talents on FindingJo Site (“Scouts”). If You engage a Talent and the Talent works in a country other than the country in which Your office through which You engaged the Talent is located, You will be bound by the geographic-specific terms applicable to the region in which the Talent works.
On the “FindingJo Site", We operate an online market place ("Market Place"), a Candidate listing and aggregation engine, an online Candidate Interview Booking Platform, technology upgrades from time to time and any other software that enables the use of the application.
FindingJo’s role is limited to (a) managing and operating the FindingJo Site and being a market place solely for the display of the Candidates in the manner decided by FindingJo unilaterally, (b) being an online interview booking platform where Clients can "Request Interview" with Candidates listed by Scouts. Clients pay an "Interview Fees" for each interview requests accepted by the Candidates and (c) payment collection to facilitate the transactions between Scouts and Clients. Accordingly, FindingJo is merely an intermediary providing online marketplace service.
2. Registration and Account Information
In order to use Our Services, You must register for an account. In registering, You agree to provide accurate, current, and complete information about Yourself ("Registration Data") and update it as necessary. If FindingJo has reason to believe that Your Registration Data is inaccurate, outdated, or incomplete, FindingJo may suspend or terminate Your account and refuse any and all use of the Services. You agree You will not (a) create an account using a false identity or information that is not your own; (b) have more than one account; (c) create an account or use the Services if You have been previously removed from the Services. We reserve the right, in Our sole discretion, to accept or reject Your registration to use Our Services. If Your registration is accepted, You will be allowed access to the Services.
You will be responsible for maintaining the confidentiality of your password and account and will be fully responsible for any and all activities that occur under your account. You agree to immediately notify Us of any unauthorised use of Your account or any other breach of account security. We will not be liable for any loss or damage arising from your failure to comply with this paragraph.
3. Your Responsibilities
You are responsible for Your use of the Services and for any use of the Services made using Your account, including by any third parties. You agree not to access, copy, or otherwise use the Services beyond the permitted use hereunder. When using Our Services, You agree that You will not (1) copy or distribute any part of the Services, including by way of automated or non-automated "scraping" (2) use any automated systems including "robots" and "spiders" (3) interfere with or compromise Our systems’ integrity or decipher any server transmissions (4) impose any unreasonably large load on Our infrastructure (5) upload viruses or worms to the Service (6) collect or retain any personally identifiable information contained in the Service (7) access the Service by any means other than authorized herein, including virtual private networks which are expressly forbidden (8) stalk, harass, bully or harm others (9) impersonate any person or entity (10) hack, spam, phish, or otherwise provide fraudulent, manipulative, or inflammatory content. Your continued access to Our Services is contingent on Your agreement to act in a professional manner.
4. Third-Party Agents
You may permit third-party agents to use the Service on Your behalf (“Third-Party Agents”) for the sole purpose of delivering services to You. You are fully responsible for Your Third-Party Agents’ actions and any breach of this Agreement by a Third-Party Agent shall be deemed to be a breach by You.
5. Third-Party Services
FindingJo may provide to You, or provide Your Content to, certain third-party services or third-party service providers (collectively, "Third-Party Service(s)") which may also provide to You links to sites, job postings, email, and telephone correspondence and other offers outside of the FindingJo network. Such Third-Party Services are provided "AS IS" without indemnification, support, or warranty of any kind, and this Agreement does not apply to Your use of any such provided Third-Party Services. You are responsible for evaluating whether You want to access or use such Third-Party Services, and, in certain circumstances where required or applicable, may opt-out from such Third-Party Services available outside of the FindingJo network, or may choose to not utilize such Third-Party Services at any time. We reserve the right to suspend Third-Party Services at any time. You should review any applicable terms and/or privacy policies of a Third-Party Service before using it or sharing any information with it, because You may give the operator permission to use Your information outside of what You have agreed to herein. FindingJo is not responsible for, nor endorses any features, content, advertising, products or other materials on or available from such Third-Party Services.
6. Your Content
As Users of Our Services, all information You post, transmit, or submit through Our Services (“Content”) is intended to be shared with other Users. By submitting any Content to us, You hereby represent and warrant that You own all rights to the Content or, alternatively, that You have the right to give us the license described below. You further represent and warrant that the Content does not infringe on the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third-party. We are not required to or under any obligation to review any Content posted by Our Users on Our Services, although We reserve the right to do so with or without notice, to prevent or rectify any alleged violations of this Agreement or any applicable law. We reserve all defenses made available to us by all applicable laws, rules, or regulations.
We may refuse to accept or display the Content, and may remove or delete all or any portion of the Content at any time. You understand that FindingJo is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and that such Content is not the responsibility of FindingJo. You further understand and acknowledge that You may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against the FindingJo Parties with respect thereto.
7. Licensing to FindingJo
Users will retain all rights to the Content they upload or create on or through the Services. You hereby grant to FindingJo and its owners, affiliates, representatives, licensees, licensors and assigns (the "FindingJo Parties") a non-exclusive, fully-paid, royalty-free, worldwide, universal, transferable license to display, modify, publicly perform, distribute, store, broadcast, transmit and reproduce Your Content, logo(s), service marks, trademarks and trade names in conjunction with the Services, including in developing, enhancing, and supporting the Services. You waive and agree never to assert any and all moral rights in and to all of the materials licensed in this Section. We reserve the right to display advertisements in connection with the Content.
8. Limitations On Liability
FindingJo is not liable for (1) any Content posted on Our Services; (2) contracts or other obligations that may arise between Users; (3) any damages that result through Your use of Our Services; (4) any negative or critical comments that may be posted by other Users through the Services; or (5) any of the Third-Party Service(s) You may be provided pursuant to Your use of the Services.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL FINDINGJO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE AND/OR SERVICE, WHETHER OR NOT FINDINGJO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR SERVICE, ON ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT INCLUDING NEGLIGENCE, OR HOWSOEVER OTHERWISE) ARISING OUT OF, IN CONNECTION WITH, OR RESULTING FROM (1) THE USE OR INABILITY TO USE THE SERVICES; (2) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (3) ANY OTHER MATTER RELATED TO THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL FINDINGJO BE LIABLE TO A USER, REGARDLESS OF WHETHER THE CLAIM IS BASED IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, FOR MORE THAN THE GREATER OF (1) THE TOTAL AMOUNT PAYABLE BY THE USER TO FINDINGJO FOR THE ONE (1) MONTH PERIOD PRECEDING THE DATE THE CAUSE OF ACTION FIRST AROSE, OR (2) INR 1000/- (RUPEES ONE THOUSAND).
THE LIMITATIONS OF THIS SECTION WILL NOT APPLY TO ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW.
Our licensors and service providers will have no liability of any kind under this Agreement. You may not bring any claim under this Agreement more than three (3) months after the cause of action arises.
9.1. Confidential Information
Means non-public information disclosed or otherwise made available by one party in connection with the Service that is provided under circumstances reasonably indicating their confidentiality. Our Confidential Information includes: (1) login credentials; and (2) any information or materials relating to the Services. Your Confidential Information does not include Your Content.
A party may use Confidential Information of the other party solely as permitted under, or to exercise its rights and perform its obligations under, this Agreement. Each party will disclose the Confidential Information of the other party only to individuals who have a need to know the Confidential Information for purposes of this Agreement and who are under a duty of confidentiality no less restrictive than that under this Agreement.
The recipient’s obligations under this Section will not apply to information that: (a) was already rightfully known to the recipient; (b) was disclosed to the recipient by a third-party who had the right to make the disclosure; (c) becomes generally available to the public; or (d) was independently developed by the recipient without access to, or use of, discloser’s Confidential Information. The recipient may disclose Confidential Information to the extent the disclosure is required by law or regulation or the listing rules of any stock exchange. The recipient will provide the other party notice, when practicable, and will take reasonable steps to contest and limit the scope of any required disclosure.
9.4. Continuing Obligations
You agree to keep all information gained from using Our Site confidential; You agree that (1) You will use any content submitted by Talents, Clients or Scouts in accordance with applicable privacy and data protection laws; (2) You will not disclose the names or identities of any Talents; AND (3) You will take appropriate physical, technical and administrative measures to protect content You obtain through the use of the Site and/or Service from loss, misuse, unauthorized access, disclosure, alteration or destruction. You also agree not to post, publicly or privately disclose or disseminate any job offers, or contractor opportunities that You become aware of through Our Site or Service.
10. Intellectual Property Rights
The entirety of the Services, along with any logos, features, trademarks, designs, or the like contained therein ("Marks"), are owned by or licensed to FindingJo, subject to copyright and other intellectual property rights under India, and foreign laws and international conventions. FindingJo reserves all rights in and to the Services. You agree you will not use, copy, or distribute any content contained within the Services beyond the authorized use hereunder.
11. Disclaimer Of Warranties
THE SERVICES ARE PROVIDED TO YOU AS IS. FINDINGJO PARTIES EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS SUCH AS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT.
THE FINDINGJO PARTIES MAKE NO GUARANTEE THAT: (1) THE SERVICES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; (3) THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND/OR SERVICE. YOU UNDERSTAND AND ACKNOWLEDGE THAT ANY COMMUNICATION SENT THROUGH THE SERVICE MAY BE VIEWED BY THIRD PARTIES AND, AS SUCH, ARE NOT CONSIDERED CONFIDENTIAL AND FINDINGJO HAS NO RESPONSIBILITY, CONTROL OVER, OR LIABILITY FOR THE CONTENT OF THOSE MESSAGES, ANY ATTACHMENTS TO THOSE MESSAGES, OR THE CHOSEN RECIPIENTS BY THE SENDER, WHETHER SENT THROUGH THE SERVICE, OR VIA YOUR PREFERRED E-MAIL SERVICE.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE, THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED PROVISION.
You agree to defend and indemnify the FindingJo Parties from and against any third-party claim, including reasonable attorney’s fees, court costs, settlements, and disbursements, from or relating to (a) Your Content (b) Your use of and access to the Services (c) Your violation of this Agreement (d) Your violation of any law, rule, or regulation, or the rights of any third-party (e) Your use of any Third-Party Services and (f) allegations that the FindingJo Parties, and/or Scouts and/or the Client are joint employers of any Talent hired by a Client through the Services. You may not settle any Infringement Claim without Our prior written consent.
To the extent permissible under applicable laws, FindingJo disclaims and shall disclaim all liabilities, whether civil, criminal, tortious, or otherwise, that may accrue as a consequence of the breach by the Scout, and/or Talent and/or Client (a) of the applicable laws; (b) arising in the context of direct or indirect interaction between Scout and/or Talent and/or Client
FindingJo does not warrant that the FindingJo Services will be up and running and/or usable on FindingJo site at all times or on locations or that FindingJo site will be uninterrupted or virus- free or error-free or free from any technical glitches or malicious software and that the defects will be corrected by FindingJo.
13.1. DMCA Notices
We take copyright infringement very seriously. It is Our policy to terminate the account of any user who repeatedly infringes copyright upon prompt notification to FindingJo by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if You believe that Your work has been copied and posted on the Site and/or Service in a way that constitutes copyright infringement, please provide us with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that You claim has been infringed; (3) a description of the material that You claim is infringing and a description of the location on the Site and/or Service of the material that You claim is infringing; (4) Your address, telephone number and e-mail address; (5) a written statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for notice of claims of copyright infringement is as follows: FindingJo (attention: Legal), e-mail: legal@FindingJo.com.
13.2. Compliance and Choice Of Law
Each party will comply with all laws applicable to this Agreement. This Agreement shall be governed by the laws of India without giving effect to its principles regarding conflicts of law. The competent courts in Bangalore shall have the sole and exclusive jurisdiction over any dispute that arises in relation to this agreement. You acknowledge that the Services are of India origin and agree to comply with all export laws and regulations of India.
13.3. Dispute Resolution
If any dispute arises between You and FindingJo, in connection with, or arising out of, these terms, the dispute shall be referred to arbitration under the Arbitration and Conciliation Act, 1996 (Indian) to be adjudicated by a sole arbitrator to be appointed by FindingJo. The arbitration shall be held in Bangalore. The proceedings of arbitration shall be in the English language. Each party shall bear its own costs (including attorney fees). Notwithstanding the foregoing, the Company may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. YOU ARE HEREBY GIVING UP YOUR RIGHT TO GO TO COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT. Any claims brought by you must be bought in an individual capacity, not as a class member in any representative proceeding. The arbitrator may not consolidate individuals’ claims. The arbitrator will not have authority to award damages in excess of the amount allowed by this Agreement. The arbitrator also shall be authorized to grant any equitable remedy or relief it deems just and equitable and within the scope of the Agreement. The arbitration award shall be final and binding upon the parties without appeal or review except as permitted by Indian Laws.
13.4. Force Majeure
We will not be liable for failure or delay in performance to the extent caused by acts of any government authorities, acts of God, fire, flood, explosion, riots, war, rebellion, insurrection or other circumstances beyond our reasonable control.
13.5. Severability; Headings
The unenforceability of any provision of this Agreement will not affect the enforceability of any other provision. If any provision of this Agreement is deemed to conflict with another FindingJo will have the sole right to elect which provision remains in force. Headings are provided for convenience only.
We reserve all rights under applicable law. Our non-enforcement of any provision of this Agreement or under applicable law will not be construed as Our waiver of any enforcement rights under the same or different circumstances at any time in the future.
We may suspend or terminate the Services or Your account at Our discretion without explanation and notice, though We will strive to provide a timely explanation. In the event of Your breach of this Agreement, We will notify You of such breach, and in the event the breach can be cured, provide You thirty (30) days to cure such breach. If such breach remains uncured, We will terminate this Agreement with You as set forth herein. If You wish to terminate this Agreement, You may do so by notifying FindingJo at any time and closing Your account for the Service. Your notice should be sent in writing, in accordance with the Section on "Notice" below. Termination of the Agreement may result in the immediate deletion of any or all of the Content. FindingJo will not have any liability whatsoever to You for any suspension or termination. All provisions of this Agreement which by their nature should survive termination shall survive termination, including ownership, success fees, interview fees, warranty disclaimers, indemnity and limitations of liability.
You may not assign any rights or obligations under this Agreement without the consent of FindingJo.
You agree that We will provide notices and messages to you either within the Services or sent to the contact information that you provided Us. You are responsible for providing FindingJo with your most current e-mail address. If you have provided an invalid email, or such address is not capable of receiving FindingJo notices, FindingJo’s dispatch of such email will nonetheless constitute effective notice. You may give notice to FindingJo at the following EMAIL ADDRESS: , SUBJECT: Legal Notice. Notices shall be deemed given when received by FindingJo.
13.10. Entire Agreement
This Agreement contains the entire agreement of the parties and supersedes all other agreements and understandings with respect to the matters contained herein.
13.11. Electronic Communications
Any communication between You and FindingJo under or in connection with the Services may be made by electronic mail or other electronic means. You consent to receive communications from FindingJo electronically, and agree that all terms, conditions, or otherwise, provided to your electronically satisfy any legal requirement that would be satisfied if they were in writing.
THIS AGREEMENT IS SUBJECT TO CHANGE BY FINDINGJO IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, We will make a new copy of the Agreement available by posting on Our Site or through the Services. We will also update the " Effective from" date at the top of the Agreement. If We make any material changes, and You have registered to use the Services, We may also notify you via email or through the Services. Changes will be effective from the Effective from date published on the Site for new and existing users. FindingJo may require You to provide consent to the updated Agreement. If You do not agree to any change(s) You agree to stop using the Services. Your continued use of the Services constitutes Your acceptance of such change(s). YOU AGREE TO REGULARLY CHECK THE SERVICES TO VIEW THE THEN-CURRENT TERMS OF SERVICE.
13.13 Beta or Evaluation Usage
14. Specific Terms for Use of the FindingJo Service
14.1. Client-Specific Terms
On the basis of the representations and warranties provided by the Client through (1)this agreement and (2) the Client Commercial Agreement Terms entered during Client registration, (together known as “Client-Terms” or “Client-Agreement”), FindingJo has agreed the Client use the FindingJo Site.
After a Client’s registration has been accepted, the Client will be able to review the Talents on the FindingJo Site, communicate with these Talents, and submit non-binding interview requests (“Requests”, "Interview Requests"). An Interview Fee (as defined below) will be collected from You for every Interview Request You make. YOU UNDERSTAND THAT FINDINGJO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS (ALTHOUGH IT RESERVES THE RIGHT TO CONDUCT ANY BACKGROUND CHECK OR OTHER SCREENINGS AT ANY TIME USING AVAILABLE PUBLIC RECORDS). YOU AGREE TO (1) CONDUCT ANY BACKGROUND CHECKS, REFERENCE CHECKS, OR OTHER DUE DILIGENCE THAT YOU MAY REQUIRE BEFORE ENGAGING A TALENT, AND (2) COMPLY WITH ALL LAWS AND REGULATIONS RELATING TO THE INTENDED CONTRACT OF ANY TALENT.
Once a Client has discovered a Talent on the FindingJo Site, the Client agrees to communicate exclusively with the Talent through the Talent Site and Service for the duration of the Request process. The Client and the Talent may use other means of communication during the hiring process. The Client agrees not to circumvent the FindingJo Site and Service by independently attempting to communicate and interview the Talent through alternative means after discovering the Talent on the FindingJo Site or Service.
14.2. Interview Fees
For purposes of this Agreement, "Interview Fee" shall refer to FindingJo’s list price displayed against the Talent at the time of making an Interview Request. Client agrees to pay the Interview Fees charged to Client’s account immediately, independent of whether Client will subsequently make an Offer and independent of whether Talent will be engaged as an employee, intern, coop employee, consultant or contractor ("Employment") remotely or for work in India, or in any other country or territory.
The Interview Fee is dynamic and changes from time to time. The Interview Fee is calculated by applying the Interview Fee Rate according to the fees, charges, the number of “Interview Request” received and/or Accepted by the Talent, and the salary requested ("Requested Salary") by the Talent. "Salary" for the purposes of this agreement is the number indicated by the Talent in a specific currency on the FindingJo Site that forms the monetary basis of the compensation package offered to the Talent when the hiring process concludes and the Talent is Employed as an employee, intern, coop employee, consultant or contractor. "Salary" in this context excludes other non-monetary compensation or benefits. Notwithstanding, THE CLIENT AGREES TO NOT OFFER A LOWER SALARY TO THE TALENT THAN THE ONE INDICATED ON THE FINDINGJO SITE.
If You do not agree with any of the provisions of this Agreement, please terminate Your account immediately and cease using FindingJo. YOUR OBLIGATION TO PAY ANY INTERVIEW FEES SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
14.3. Limitations of Exclusivity and Compensation for Talents
As a Client You agree that (1) if You make an Interview Request, You will not offer a Salary to the Talent that is lower than indicated for and required by the Talent on the FindingJo Site.
FindingJo may terminate a Client's account upon learning of a Salary offer lower than indicated for the interviewed Talent. As a Client you agree to provide FindingJo with the Talent’s start date, key terms, and compensation, promptly upon request. (2) You will promptly notify FindingJo should the offer terms change at any time within twelve (12) months of the start date, and (3) You will promptly notify FindingJo after the termination of the Talent’s employment as an employee, intern, coop employee, consultant or contractor ("Employment") in the event that (a) such Employment is terminated based on unsatisfactory performance within ninety (90) days of the date on which it commenced, (b) the Talent voluntarily terminates Employment within ninety (90) days of the date on which Employment commenced.
All fees (such as Interview Fees or any other fees) for the FindingJo Service are due and payable immediately when due by means of automated electronic payments, credit cards or other similar payment services.
FindingJo may change its fees and billing methods at any time (including to begin charging for services that it is currently providing free of charge) by providing notice to You as set forth in the Notice section herein.
If (1) a Talent rejects the Client’s Interview Request within the specified time mentioned in the Interview Request, or (2) a Talent accepts the Clients Interview Request and subsequently fail to appear for the Client’s First Interview within the specified time mentioned in the Interview Request, the Client may request for refund of the Interview Fees paid to FindingJo. FindingJo, after doing its internal due-diligence and finding merit in Client’s refund request, shall, at its sole discretion agree to refund the Interview Fees paid back to the Client’s account. No refunds shall be provided for Interview Fees paid in case the Client fails to set up the First Talent interview within Five (5) business days of the talent Accepting your Interview Request
14.6. Talent-Specific Terms
A Talent is required to promptly notify FindingJo upon request if the Talent (1) accepts a Client’s offer of employment, whether for an indefinite or fixed term, (2) accepts an offer to engage as a contractor, whether for an indefinite or fixed term (each, a "Contractor Engagement"), (3) accepts a Client’s employment offer during or within twelve (12) months after the termination of a Contractor Engagement with such Client. You agree that (1) if You receive an Offer, You shall promptly notify FindingJo of Your Start Date and the key terms especially the Salary component of such Offer (and notify FindingJo promptly should that Start Date or offer terms change at any time), and (2) You will promptly notify FindingJo after the termination of Your employment as an employee, intern, coop employee, consultant or contractor in the event that (a) a Client terminates Your engagement based on unsatisfactory performance within ninety (90) days of the date on which Your Employment commenced, or (b) You voluntarily terminate Your engagement within ninety (90) days of the date on which Your engagement commenced.
The Talent agrees not to attempt to circumvent the FindingJo Site and Service by independently attempting to communicate with a Client that contacted or communicated with him or her on the FindingJo Site or Service.
14.7. Scout-Specific Terms
On the basis of the representations and warranties provided by the Scout through (1)this agreement and (2) the Scout Commercial Agreement Terms entered during Scout registration, (together known as “Scout-Terms” or “Scout-Agreement”), FindingJo has agreed to list on the FindingJo Site, the Candidates (1) independently sourced and uploaded by the Scout, or (2) identified by Scout from FindingJo’s resume database.
All miscellaneous expenses pertaining to the sourcing the Talent, such as 3rd party resume database access, travel, and lodging, communication and Internet charges, etc, shall be borne solely by the Scout, and FindingJo shall not be held liable or responsible for the same.
By uploading a Talent profile to FindingJo, the Scout confirms that the Scout has (1)independently sourced the Talent and (2) you have the rights to upload and share the profile information with FindingJo Site. FindingJo relies upon you the Scout to obtain whatever consents from the Talent that may be required by law to allow FindingJo to access and process the Talent information.
By agreeing to list a Talent on FindingJo, the Scout agrees to the Interview Fees set by FindingJo unilaterally. Further the Scout agrees and authorizes FindingJo to refund Interview Fees collected by FindingJo on behalf of the Scout when the Candidate sourced & listed by the Scout breaches any terms of the FindingJo Terms Of Service.
Scout further authorizes FindingJo to deduct any pending charges owned by Scout to FindingJo from the moneys payable to Scout. In the event when Scout payable amounts do not accrue to square the deductibles, Scout agrees to reimburse FindingJo
In consideration of FindingJo providing the various services to the Scout such as candidate listing, candidate discoverability, enabling interview requesting and interview accepting/rejecting mechanism, various payments, more particularly set out in the Scout Commercial Terms Agreement, between the Scout and FindingJo (“FindingJo Fees”) shall be settled in the manner set out and paid in the manner set out in the Scout Commercial Terms Agreement.
During the Term of the Scout-Agreement, the Scout shall operate as and have the status of an independent contractor and shall not act as, be or construed to be an agent or employee of FindingJo. The relationship between the Parties is on a principal-to-principal basis, and none of the provisions of this Agreement shall be interpreted as creating the relationship of employer and employee between the Scout and FindingJo at any time, under any circumstances or for any purpose. Therefore, the Scout will not be entitled to any employee benefits, statutory or otherwise, offered by FindingJo to its employees including but not limited to wages, vacation pay, sick leave, retirement benefits, social security, worker's compensation, health or disability benefits, or employee benefits of any kind. The Scout shall be responsible for the payment of all applicable taxes to which he may be subject as an independent contractor.
The Scout agrees not to assume or create any obligation or responsibility, express or implied, on behalf of or in the name of FindingJo. The Scout does not have the authority to create, modify or terminate a contractual relationship(s) between FindingJo and any third-party or act for or bind FindingJo in any respect. Any act of the Scout on behalf of FindingJo which may be regarded as over and above the duties and responsibilities as provided in this Agreement, shall be deemed to be unauthorized, unlawful and the Scout shall be personally liable for the same.
14.8. Employment Through the FindingJo Service
Client and Talent are responsible for any contracts or agreements they may form with respect to an employee, intern, coop employee, consultant or contractor. FindingJo does not control, manage, or provide any guidance with respect to the determination of independent contractor or employee status, subsequent agreements between Client and Talent, or services performed by or payments made to the Client pursuant to such engagement. Talent and Client expressly agree that no joint venture, partnership, employment, or agency agreement exists between them and FindingJo as a result of this Agreement or any use of the FindingJo Service, and that FindingJo is not a joint employer for purposes of this Agreement.
14. 8.2. Classification and Relationship
Client and Talent assume all liability for proper classification of Talents as independent contractors or employees based on applicable legal guidelines. Talent and Client acknowledge that FindingJo does not, in any way, supervise, direct, or control the manner, means, or conditions of any work or services performed. Client and Talent will be solely responsible for all tax returns and payments required to be filed with or made to any federal, state, or local tax authority, in any nation, with respect to a contractor engagement.
In addition to the indemnification obligations set forth herein, Client and Talent agree to indemnify, hold harmless and defend FindingJo from any and all claims, demands, causes of action, losses, damages, liabilities, costs, and expenses, including attorneys’ fees, arising out of or related to their engagement, including but not limited to any breach of any of Contractor’s representations and warranties, from the death or injury of any person or persons, including employees of Client or Contractor, or from damage or destruction of any work or properties, attributable to or resulting from Contractor Engagement with Client, claims misclassification of a Client as an independent contractor, any liabilities arising from a determination by a court, arbitrator, government agency or other body that Talent was misclassified, any claim that FindingJo was an employer or joint employer of Talent, as well as breach of agreement, action, inaction, omission or any claims under any employment-related laws, such as those relating to termination of employment, employment discrimination, harassment or retaliation, as well as any claims for overtime pay, sick leave, holiday or vacation pay, minimum wages, payroll taxes, social security or unemployment taxes, or disability insurance, retirement benefits, worker's compensation benefits, unemployment benefits, or any other employee benefits required by law.
FindingJo is a product of Busbusa Technologies, with registered office at 8th Floor, Room No - 3, SY 6 1&2, Flat No 285, Shobha Habiscus, Bellandur, Bangalore, Karnataka, 560103