TERMS OF SERVICE
1. Usage of Apna
Certain Apna Services being provided on Apna may be subject to additional rules and regulations set down in that respect. To the extent that these Terms of Service are inconsistent with the additional conditions set down, the additional conditions shall prevail. Apna may, at its sole and absolute discretion:
- Restrict, suspend, or terminate any Job Poster's access to all or any part of the Apna Platform or Apna Services;
- Change, suspend, or discontinue all or any part of the Apna Platform or Apna Services;
- Reject, move, or remove any material that may be submitted by a Job Poster;
- Move or remove any content that is available on the Apna Platform;
- Deactivate or delete a Job Poster's account and all related information and files on the account;
- Establish general practices and limits concerning use of Apna Platform;
- Assign its rights and liabilities to all Job Poster accounts hereunder to any entity (post such assignment intimation of such assignment shall be sent to all Job Posters to their registered email ids).
In the event any Job Poster breaches, or Apna reasonably believes that such Job Poster has breached these Terms of Service, or has illegally or improperly used the Apna Platform or Apna Services, Apna may, at its sole and absolute discretion, and without any notice to the Job Poster, restrict, suspend or terminate such Job Poster's access to all or any part of the Apna Platform, deactivate or delete the Job Poster's account and all related information on the account, delete any content posted by the Job Poster on Apna and further, take technical and legal steps as it deems necessary.
If Apna charges its Job Posters a platform fee in respect of any Apna Services, Apna shall, without delay, repay such platform fee in the event of suspension or removal of the Job Poster's account or Apna Services on account of any negligence or deficiency on the part of Apna, but not if such suspension or removal is affected due to:
- any breach or inadequate performance by the Job Poster of any of these Terms of Service; or
- any circumstances beyond the reasonable control of Apna.
By accepting these Terms of Service Job Posters are providing their consent to receiving communications such as announcements, administrative messages and advertisements from Apna or any of its partners, licensors or associates.
When accessing and interacting with the Apna Platform and Apna Services a Job Poster will be able to post jobs to source and hire potential candidates and employees for the Job Poster's organization, view the profiles of suitable candidates who have the requisite skills and experience for the particular job(s) that the Job Poster is hiring for and schedule interviews with potential candidates/employees.
To post a job a Job Poster shall be required to provide information about the job such as the job role, whether the job is part-time or full time, the days of work, work timings, the salary range for the job, the number of openings for the said job the minimum education level and the level of experience required for the job. While Apna does not tolerate or allow for discrimination on the basis of gender, Apna also recognizes that certain jobs might be gender specific and Job Posters have the option of specifying whether a job is gender specific. By agreeing to these Terms of Service and while posting a job on the Apna Platform, Job Posters undertake that all information posted about a job will at all times be accurate, not be misleading that the Job Poster is not indulging in any discriminatory practices. The Job Poster understands and acknowledges that any incorrect information or misrepresentations about a job will affect the efficacy of the Apna Platform and Apna Services and that Apna shall have the right to remove a job posting or suspend the Job Poster’s account.
The job applications by the candidates on the Apna Platform shall remain active only for a period of 60 (sixty) days from the date of application to the job posts and upon the expiry of the said period of 60 (sixty) days, such job applications shall be archived ("Archived Job Applications"). The Job Posters shall not have access to the list to the list of such candidates or to the Archived Job Applications upon the expiry of 60 (sixty) days. The candidates, however, may re-apply to a job post (if still active) after the expiry of 60 (sixty) days from the date such candidate made their first application to the same job post.
Job Posters agree that they shall at all times be bound by and adhere to the Code of Conduct while posting jobs through the Apna Platform and while using the Apna Services.
3. Intellectual Property
The intellectual property rights ("Intellectual Property Rights")in all software underlying the Apna Platform and the Apna Services and material published on the Apna Platform, including (but not limited to) software, advertisements, content (whether written, audio and/or visual), photographs, graphics, images, illustrations, graphs, charts, marks, logos, audio or video clippings, animations etc. is owned by Apna, its affiliates, partners, licensors and/or associates. Job Posters may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on Apna either in whole or in part without express written license from Apna
Job Posters are solely responsible for all materials (whether publicly posted or privately transmitted) that they upload, post, e-mail, transmit, or otherwise make available via the Apna Platform ("Job Posters' Content"). Each Job Poster represents and warrants that they own all Intellectual Property Rights in the Job Posters’ Content and that no part of the Job Poster's Content infringes any third-party rights. Job Posters further confirm and undertake to not display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights of any third party on the Apna Platform, without written authorization from such third party. Job Posters agree to indemnify and hold harmless Apna, its directors, employees, affiliates and assigns against all costs, damages, loss and harm including towards litigation costs and counsel fees, in respect of any third party claims that may be initiated including for infringement of Intellectual Property Rights arising out of such display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the Apna Platform, by such Job Poster or through the Job Poster's commissions or omissions
Job Posters hereby grant to Apna and its affiliates, partners, licensors and associates a worldwide, irrevocable, royalty-free, non-exclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, and/or publish Job Posters' Content for any of the following purposes:
- displaying Job Posters' Content on Apna
- distributing Job Posters' Content, either electronically or via other media, to potential candidates, and/or
- storing Job Posters' Content in a remote database accessible by end users, for a charge.
- This license shall apply to the distribution and the storage of Job Posters' Content in any form, medium, or technology.
All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the Apna Platform belonging to any person (including a Job Poster), entity or third party are recognized as proprietary to the respective owners and any claims, controversy or issues against these names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights must be directly addressed to the respective parties under notice to Apna.
4. Third Party Sites, Services and Products
Links to other Internet sites or mobile applications owned and operated by third parties may be provided via the Apna Platform. Job Posters' use of each of those sites is subject to the conditions, if any, posted by those sites. Apna does not exercise control over any Internet sites or mobile applications apart from the Apna Platform and cannot be held responsible for any content residing in any third-party Internet site or mobile application. Apna's inclusion of third-party content or links to third-party Internet sites or mobile applications is not an endorsement by Apna of such third-party Internet site or mobile application.
Job Posters' correspondence, transactions/offers or related activities with third parties including but not limited to potential candidates, payment providers and verification service providers, are solely between the Job Poster and that third party. Job Posters' correspondence, transactions and usage of the services/offers of such third party shall be subject to the terms and conditions, policies and other service terms adopted/implemented by such third party, and the Job Poster shall be solely responsible for reviewing the same prior to transacting or availing of the services/offers of such third party. The Job Poster agrees that Apna will not be responsible or liable for any loss or damage of any sort incurred as a result of any such transactions/offers with third parties. Any questions, complaints, or claims related to any third-party product or service should be directed to the appropriate vendor.
The Apna Platform contains content that is created by Apna as well as content provided by third parties (including potential candidates). Apna does not guarantee the accuracy, integrity, quality of the content provided by third parties and such content may not relied upon by the Job Posters in utilizing the Apna Services provided on the Apna Platform.
Once the personal information has been shared with you, you shall, at all times, be responsible to secure such information.
You warrant and represent that you shall not disclose or transfer personal information shared by us to any sub-processors without ensuring that adequate and equivalent safeguards to the personal information.
You, hereby agree and acknowledge that you will use the information shared with you only for the purpose of the Services. You shall not use such information for any personal or other business purposes. In the event you are found to be misusing the information shared with you, we shall, at our sole discretion, delete your account with immediate effect and you will be blocked from using/ accessing Apna Platform in future.
6. Job Poster Conduct
- restricting, suspending, or terminating any Job Poster's access to all or any part of Apna Services;
- deactivating or deleting a Job Poster's account and all related information and files on the account. Any amount remaining unused in the Job Poster's account on the date of deactivation or deletion shall be transferred to the Job Poster's bank account on record with Apna subject to a processing fee (if any) applicable on such transfers as set out herein.
Job Posters agree to provide true, accurate, current and complete information at the time of registration and at all other times (as required by Apna). Job Posters further agree to update and keep updated their registration information and information related to job posts made on the Apna Platform.
A Job Poster shall not register or operate more than one Job Poster account with Apna.
Job Posters agree to ensure that they can receive all communication from Apna by marking e-mails or sending SMSs from Apna. Apna shall not be held liable if any e-mail/SMS remains unread by a Job Poster as a result of such e-mail getting delivered to the Job Poster's junk or spam folder.
Any password issued by Apna to a Job Poster may not be revealed to anyone else. Job Posters may not use anyone else's password. Job Posters are responsible for maintaining the confidentiality of their accounts and passwords. Job Posters agree to immediately notify Apna of any unauthorized use of their passwords or accounts or any other breach of security.
Job Posters agree to exit/log-out of their accounts at the end of each session. Apna shall not be responsible for any loss or damage that may result if the Job Poster fails to comply with these requirements.
Job Posters agree not to use cheats, exploits, automation, software, bots, hacks or any unauthorized third-party software designed to modify or interfere with the Apna Services and/or Apna experience or assist in such activity.
Job Posters agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying Apna or Apna’s Services.
Job Posters agree that without Apna's express written consent, they shall not modify or cause to be modified any files or software that are part of Apna's Services or the Apna Platform.
Job Posters agree not to disrupt, overburden, or aid or assist in the disruption or overburdening of (a) any computer or server used to offer or support Apna or the Apna’s Services (each a "Server"); or (2) the enjoyment of Apna Services by any other Job Poster or person.
Job Posters agree not to institute, assist or become involved in any type of attack, including without limitation to distribution of a virus, denial of service, or other attempts to disrupt Apna Services or any other person's use or enjoyment of Apna Services.
Job Posters shall not attempt to gain unauthorised access to Job Poster accounts, Servers or networks connected to Apna Services by any means other than the Job Poster interface provided by Apna, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that underlies or is part of Apna Services.
A Job Poster shall not publish any content that is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.
Without limiting the foregoing, Job Posters agree not to use Apna for any of the following:
- To engage in any obscene, offensive, indecent, racial, communal, anti-national, objectionable, defamatory or abusive action or communication;
- To harass, stalk, threaten, or otherwise violate any legal rights of other individuals;
- To publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
- To Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, Apna, any software, hardware, or telecommunications equipment;
- To advertise, offer or sell any goods or services for any commercial purpose on Apna including but not limited to multi-level marketing for a third party, promoting business of a third party, selling financial products such as loans, insurance, promoting demat account openings, without the express written consent of Apna;
- To download any file, recompile or disassemble or otherwise affect our products that you know or reasonably should know cannot be legally obtained in such manner;
- To falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
- To restrict or inhibit any other Job Poster from using and enjoying any public area within our sites;
- To collect or store personal information about other Job Posters;
- To collect or store information about potential candidates;
- To mine information relating to potential candidates with the aim of creating a database of potential candidates whether or not such database is used or meant to be used by the Job Poster or any third party associated with the Job Poster or to whom such Job Poster makes such mined information available, for either a commercial purpose of for the Job Poster’s own use at a future date;
- To interfere with or disrupt the Apna and/or the Apna Platform, Apna servers, or Apna networks;
- To impersonate any person or entity, including, but not limited to, a representative of Apna, or falsely state or otherwise misrepresent Job Poster's affiliation with a person or entity;
- To forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through Apna or to manipulate Job Poster's presence on the Apna Platform;
- To take any action that imposes an unreasonably or disproportionately large load on Apna’s infrastructure;
- To engage in any illegal activities.
- To engage in any action that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation.
If a Job Poster chooses a username that, in Apna's considered opinion is obscene, indecent, abusive or that might subject Apna to public disparagement or scorn, or a name which is an official team/league/franchise names and/or name of any sporting personality, as the case may be, Apna reserves the right, without prior notice to the Job Poster, to restrict usage of such names, which in Apna’s opinion fall within any of the said categories and/or change such username and intimate the Job Poster or delete such username and posts from Apna, deny such Job Poster access to Apna, or any combination of these options.
Unauthorized access to the Apna Platform is a breach of these Terms of Service, and a violation of the law. Job Posters agree not to access the Apna Platform by any means other than through the interface that is provided by Apna via the Apna Platform for use in accessing the Apna Platform. Job Posters agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Apna Platform, Apna Services or any information available for access through the Apna Platform or Apna Services, except those automated means that Apna has approved in advance and in writing.
Use of the Apna Platform is subject to existing laws and legal processes. Nothing contained in these Terms of Service shall limit Apna's right to comply with governmental, court, and law-enforcement requests or requirements relating to Job Posters' use of Apna.
Persons below the age of eighteen (18) years are not allowed to register with the Apna Platform. All persons interested in becoming Apna Job Posters might be required by Apna to disclose their age at the time of getting access to the Apna Platform. If a person declares a false age, Apna shall not be held responsible and such person shall, in addition to forfeiting any and all rights over their Apna account, shall indemnify and hold Apna, its Directors, officers, employees, agents, affiliates harmless of any and all losses that may be suffered by Apna its Directors, officers, employees, agents, affiliates by virtue of such false declaration being made. In case the person making the false declaration is below the age of 18 such person’s legal guardians shall indemnify and hold Apna, its Directors, officers, employees, agents, affiliates harmless of any and all losses that may be suffered by Apna its Directors, officers, employees, agents, affiliates by virtue of such false declaration having been made by said person.
Apna may not be held responsible for any content contributed by Job Posters on the Apna Platform.
- The Apna Platform is open only to persons above the age of 18 years.
- The Apna Platform is open only to persons, currently residing in India.
- Persons who wish to participate must have a valid email address and/or mobile phone number.
- Apna may on receipt of information bar a person from accessing their Apna account if such person is found to be in violation of any part of these Terms of Service or theCode of Conduct.
- Only those Job Posters who have successfully registered on the Apna Platform shall be eligible to Post Jobs.
8. Dispute and Dispute Resolution
If any dispute arising out of, or in connection with, the Apna Services provided by Apna via the Apna Platform, the construction, validity, interpretation and enforceability of these Terms of Service, or the rights and obligations of the Job Poster(s) or Apna, as well as the exclusive jurisdiction to grant interim or preliminary relief in case of any dispute referred to arbitration as given below arises between the Job Poster(s) and Apna ("Dispute"), the disputing parties hereto shall endeavor to settle such Dispute amicably. The attempt to bring about an amicable settlement shall be considered to have failed if not resolved within 30 (thirty) days from the date of communicating the Dispute in writing.
If the parties are unable to amicably settle the Dispute as mentioned above, any party to the Dispute shall be entitled to serve a notice invoking Arbitration. The Dispute shall be referred to and finally resolved by arbitration. The Arbitration shall be conducted by an Arbitral Tribunal consisting of a sole arbitrator in accordance with the Rules of the Delhi International Arbitration Centre ("DIAC Rules"), which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be New Delhi. The Tribunal shall consist of one arbitrator. The language of the arbitration shall be English. The law governing the arbitration agreement shall be Indian Law.
Nothing shall preclude any Party from seeking interim or permanent equitable or injunctive relief, or both, from the competent courts at New Delhi, having jurisdiction to grant relief on any Disputes. The pursuit of equitable or injunctive relief shall not be a waiver of the duty of the Parties to pursue any remedy (including for monetary damages) through the arbitration described herein.
The arbitration award will be final and binding on the Parties.
9. Release and Limitations of Liability
Job Posters shall access the Apna Services provided via the Apna Platform voluntarily and at their own risk. Apna shall, under no circumstances be held responsible or liable on account of any loss or damage sustained by Job Posters or any other person or entity during the course of access to the Apna Platform.
By accessing the Apna Platform and Apna Services provided therein, Job Posters hereby release from and agree to indemnify Apna, and/or any of its directors, employees, partners, associates and licensors, from and against all liability, cost, loss or expense arising out their access of the Apna Platform and the Apna Services including (but not limited to) personal injury and damage to property and whether direct, indirect, consequential, foreseeable, due to some negligent act or omission on their part, or otherwise.
Apna accepts no liability, whether jointly or severally, for any errors or omissions, whether on behalf of itself or third parties in relation to the data/information collated and published on the Apna Platform.
Job Posters shall be solely responsible for any consequences which may arise due to their access of Apna Services by conducting an illegal act or due to non-conformity with these Terms of Service and other rules and regulations in relation to Apna Services, including provision of incorrect personal details. Job Posters also undertake to indemnify Apna and their respective officers, directors, employees and agents on the happening of such an event (including without limitation cost of attorney, legal charges etc.) on full indemnity basis for any loss/damage suffered by Apna on account of such act on the part of the Job Posters.
Job Posters shall indemnify, defend, and hold Apna harmless from any third party/entity/organization claims arising from or related to such Job Poster's engagement with the Apna Platform. In no event shall Apna be liable to any Job Poster for acts or omissions arising out of or related to Job Poster's engagement with the Apna Platform.
In consideration of Apna allowing Job Posters to access the Apna Platform, to the maximum extent permitted by law, the Job Posters waive and release each and every right or claim, all actions, causes of actions (present or future) each of them has or may have against Apna, its respective agents, directors, officers, business associates, group companies, sponsors, employees, or representatives for all and any injuries, accidents, or mishaps (whether known or unknown) or (whether anticipated or unanticipated) arising out of the provision of Apna Services.
To the extent permitted under law, neither Apna nor its parent/holding company, subsidiaries, affiliates, directors, officers, professional advisors, employees shall be responsible for the deletion, the failure to store, the mis-delivery, or the untimely delivery of any information or material.
To the extent permitted under law, Apna shall not be responsible for any harm resulting from downloading or accessing any information or material, the quality of servers, products, Apna Services or sites.
Any material accessed, downloaded or otherwise obtained through the Apna Platform is done at the Job Poster's discretion, competence, acceptance and risk, and the Job Poster will be solely responsible for any potential damage to Job Poster's computer system or loss of data that results from a Job Poster's download of any such material.
Apna shall make best endeavours to ensure that the Apna(s) is error-free and secure, however, neither Apna nor any of its partners, licensors or associates makes any warranty that:
- the Apna Platform will meet Job Posters' requirements,
- Apna Platform will be uninterrupted, timely, secure, or error free
- the results that may be obtained from the use of Apna Platform will be accurate or reliable; and
- the quality of any products, Apna Services, information, or other material that Job Posters purchase or obtain through the Apna Platform will meet Job Posters' expectations.
In case Apna discovers any error, Apna reserves the right (exercisable at its discretion) to rectify the error in such manner as it deems fit, including through a set-off of the erroneous payment from amounts due to the Job Poster or deduction from the Job Poster's account of the amount of erroneous payment. In case of exercise of remedies in accordance with this clause, Apna agrees to notify the Job Poster of the error and of the exercise of the remedy(ies) to rectify the same.
To the extent permitted under law, neither Apna nor its partners, licensors or associates shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use our sites, even if we have been advised of the possibility of such damages.
Any Apna Services being hosted or provided, or intended to be hosted on the Apna platform and requiring specific permission or authority from any statutory authority or any state or the central government, or the board of directors shall be deemed cancelled or terminated, if such permission or authority is either not obtained or denied either before or after the availability of the relevant Apna Services are hosted or provided.
To the extent permitted under law, in the event of suspension or closure of any Apna Services Job Posters shall not be entitled to make any demands, claims, on any nature whatsoever.
11. Grievance Redressal Mechanism
In case a Job Poster has any complaints or grievance pertaining to (i) any Content that a Job Poster believes violates these Terms (other than an infringement of Intellectual Property Rights), (ii) Job Posters’ access to the Apna Platform or (iii) any Content which a Job Poster believes is, prima facie, in the nature of any material which is obscene, defamatory towards the complainant or any person on whose behalf such Job Poster is making the complaint, or is in the nature of impersonation in an electronic form, including artificially morphed images of such individual, please share the same with us by writing to:firstname.lastname@example.org
In the complaint or grievance, the Job Poster shall include the following information:
- Name and contact details: name, address, contact number and email address;
- Relation to the subject matter of the complaint, i.e. complainant or person acting on behalf of an affected person;
- The name and age of the person aggrieved or affected by the subject matter of the complaint, in case the Job Poster is acting on behalf of such person and a statement that the Job Poster is authorised to act on behalf of such person and to provide such person's personal information to Apna in relation to the complaint/grievance;
- Description of the complaint or grievance with clear identification of the Content in relation to which such complaint or grievance is made;
- A statement that the Job Poster believes, in good faith, that the Content violates these Terms and Conditions;
- A statement that the information provided in the complaint or grievance is accurate.
Apna respects the Intellectual Property Rights of others. All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the Apna Platform belonging to any person (including Job Poster), entity or third party are recognized as proprietary to the respective owners. Job Posters are requested to send Apna a written notice/ intimation if Job Posters notice any act of infringement on the Apna Platform, which must include the following information:
- A clear identification of the copyrighted work allegedly infringed;
- A clear identification of the allegedly infringing material on the Apna Platform;
- Contact details: name, address, e-mail address and phone number;
- A statement that the Job Poster believes, in good faith, that the use of the copyrighted material allegedly infringed on the Apna Platform is not authorized by the Job Poster’s agent or the law;
- A statement that the information provided in the notice is accurate and that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;
- Job Poster’s signature or a signature of the Job Poster’s authorized agent.
On receiving such a complaint, grievance or notice, Apna reserves the right to investigate and/or take such action as Apna may deem appropriate. Apna may reach out to the Job Poster to seek further clarification or assistance with the investigation, or verify the statements made in the complaint, grievance or notice, and the Job Poster acknowledges that timely assistance with the investigation would facilitate the redressal of the same.
The name and title of the Grievance Redressal Officer is as follows:
Apnatime Tech Private Limited, 23 Floor-3rd Plot-232,1, Kangra Bhuvan, Dr. Annie Besant Road, Opposite Podar Hospital, Worli, Mumbai, Maharashtra, India-400030
The Grievance Officer identified above pursuant to the provisions of applicable laws including but not limited to the Information Technology Act, 2000 and the Consumer Protection Act, 2019, and the Rules enacted under those laws. The Company reserves the right to replace the Grievance Redressal Officer at its discretion through publication of the name and title of such replacement on the website, which replacement shall come into effect immediately upon publication.
12. Paid Services
When you subscribe to our paid Services you agree to adhere to the additional terms specific to the Services ("Paid Services") that you are availing.
Your access to the Apna Platform, your ability to post jobs and access candidate profiles shall be determined by the specific Paid Services that you avail of. Apna reserves the right to change the nature and/or manner of delivery of the Paid Services at any time without liability to Apna. Apna also reserves the right to suspend or discontinue any Paid services or part(s) thereof, either temporarily or permanently, without the requirement for prior intimation or liability to Apna.
By accepting these Terms and Conditions you specifically waive the right to make any claim against Apna for non-delivery of the Paid Services after the date on which such Paid Services are suspended or discontinued.
Apna shall, in its sole discretion, determine if any refunds are due and payable to you for any non-provision of the Paid Services. Any and all refunds shall only be made pro-rata to the usage of Paid Services; under no circumstances shall refunds be made for the full amount paid by you for the purchase of the Paid Services.
To access the Paid Services you must purchase a specific Paid Service. Paid Services currently being offered by Apna are as under and shall be delivered as per the specific terms set out below -
Job Posts -
- For each Job Post that you wish to publish via the Apna Platform, you shall pay a specified fee for each Job Post.
- The validity of the Job Post as well as the number of leads, i.e. the number of applications from candidates that you shall be eligible to receive per Job Post shall be determined on the basis of the amount payable for such Job Post.
- Apna reserves the sole right to vary the validity of a Job Post and the number of leads that you are eligible to receive per Job Post.
- Against payment of a specified fee you shall be eligible to view the database of candidates’ profiles (each a “Database View”).
- The number of Database Views that you are eligible for shall be determined on the basis of the amount payable for such Job Post.
- Apna reserves the sole right to vary the number of Database Views and the number of leads that you are eligible to receive per Job Post.
- You shall be eligible to receive access to specified Job Posts and/or Database Views against the purchase of a subscription ("Subscription Plan") via the Apna Platform.
- You will have access to the Apna Platform for the period defined in the Subscription Plan that you purchase.
- Every Subscription Plan shall be valid for a specified length of time ("Subscription Validity")
- Every Subscription Plan shall entitle you to a specified number of Job Posts, views and/or downloads of the database of candidates’ profiles ("Database Views").
- If you exhaust the number of Job Posts or Database Views during the Subscription Validity, you may be required to pay an additional amount to put up more Job Posts or gain further Database Views, as the case may be. Apna reserves the right to allow a top-up of the existing Subscription Plan or might require you to purchase an additional Subscription Plan. Such determination as to whether a top-up shall be allowed or if a fresh Subscription Plan is to be purchased shall be determined by the nature of your initial Subscription Plan as well as the Paid Services and Subscription Plan offered by Apna at the time of such additional purchase.
- Fair usage -
- Notwithstanding your specific Subscription Plan, Apna reserves the right to limit the number of Job Posts and/or Database Views to, inter alia, ensure protection of Apna’s and candidates data as well as to maintain efficiency of the Apna Platform.
- Apna, further, reserves the right to remove a Job Post, reduce its visibility or restrict responses to a Job Post if, in Apna’s sole discretion, the Job Post has received a sufficient number of responses.
- Apna reserves the right to limit Database Views if, in Apna’s sole discretion, Apna is of the opinion that you have viewed or downloaded a sufficient number of candidate profiles either in relation to a specific Job Post or in relation to the overall Services being provided by Apna and your usage of the Apna Platform.
- For certain Paid Services you might be required to purchase "Apna Coins'' representing the value of the Payment made by you. The number of Apna Coins required to ustilise the Paid Services shall be communicated to you at the time of purchase of Apna Coins and/or utilisation of the same for the specified Paid Service(s).
- Apna Coins once purchased cannot be transferred to any other person.
- Apna reserves the right to reject any Job Post or information/data provided by you without assigning any reason either before uploading or after uploading the Job Post, but in such an eventuality, any amount so paid for, may be refunded to you on a pro-rata basis at the sole discretion of Apna.
- By posting/uploading a job posting on the Apna Platform you confirm that you have obtained all licenses/permits as are necessary for recruitment and to indemnify Apna against all claims, damages arising out of actions/claims that may be made in relation to the same.
- Apna offers no guarantee or warranties that you will receive responses that are satisfactory, related to your Job Post or any response at all once the Job Post is made live on the Apna Platform. Apna, further, does not guarantee that there will not be overlaps between the responses to a Job Post and Database Views, i.e. it is possible that your Database Views might reveal the same candidate profiles that are received as responses to your Job Post.
- Apna, might from time to time, partner with third parties to provide parts of the Paid Services. Such partnerships might include access to external databases or other services related to Apna’s Paid Services. Apna makes no warranty or representation with regard to such third party services and shall have no liability in relation to the provision of such third party services by the relevant providers of the said third party services.
- Apna shall in no way be held liable for any information received by you and it shall be your sole responsibility to check, authenticate and verify the information/response received at your own cost and expense.
- The Paid Services shall commence only upon receipt of the payment towards the Subscription Plan, either from you directly or any third party acting on your behalf and authorized, in writing, to so act on your behalf.
- Apna may require you to provide an undertaking that the Job Posts relate to genuine jobs and that you have the authority to make such Job Posts. You further undertake to not require any form of financial commitment or payment in kind from candidates who are interested in and applying for/replying to the Job Posts made by you on the Apna Platform.
- Your Subscription Plan is neither re-saleable nor transferable to any other person, corporate body, firm or individual.
- You do not have any copyright or other Intellectual Property Right over the data uploaded via a Job Post to the Apna Platform.
- All disputes arising out of your use of the Paid Services and the Subscription Plan shall be resolved in accordance with the laws of India as applicable.
- Your account on the Apna Platform shall be determined according to the manner in which you are accessing the Paid Services.
- If you wish to acces the Paid Services as an individual, you shall be required to create an account on the Apna Platform and either purchase a Subscription Plan or Apna Coins depending on the particular Paid Service that you wish to avail. If you are purchasing Apna Coins, the same shall not be transferable to any other person and shall be for your exclusive use.
- If you wish to access the Paid Services as an organization, you shall create an Enterprise Account on the Apna Platform ("Enterprise Account") to enable your employees, agents or representatives to access, interact with and avail of the Services through the Enterprise Account Account for you. You may also specify certain employees, agents or representatives ("Designated Users") who shall create individual accounts ("Designated User Accounts") to avail the Services for and on behalf of you.
- Upon receipt of payment for a Subscription Plan from you, Apna will credit the Enterprise Account with the requisite number of credits that pertain to your specific Subscription Plan. The number of credits required for Job Post(s) and Database Views will be communicated to you by Apna from time to time. Apna reserves the right to make changes to the number of credits required to either post a job or view the database. Apna further reserves the right to have differential credit requirements of the number of credits required for different types of Job Posts and/or Database Views.
- If Designated Users have previously purchased Apna Coins in their individual capacity, on their addition to the Enterprise Account as a Designated Users, all Apna Coins held by them will be transferred to the Enterprise Account. You shall ensure that necessary reimbursements, if required, and consent is obtained by you from the said Designated User(s) for their addition to the Enterprise Account and transfer of their Apna Coins to the Enterprise Account. You agree to indemnify and to hold Apna harmless from any claims made by a Designated User in relation to their addition to an Enterprise Account and the transfer of their Apna Coins to the Enterprise Account.
- Purchase of Apna Coins may be made either by the administrator of an Enterprise Account or Designate Users. All invoices shall be raised by Apna on the Enterprise Account, i.e. the invoices will be in the name of the organization for which the Enterprise Account has been activated.
- It shall be your sole responsibility to utilize Apna Coins only for those Job Categories in which and geographic areas where the Paid Services are meant to be availed. If you or the Designated Users unintentionally or mistakenly publish Paid Job Posts on the Apna Platform for Job Categories or geographic areas where the Paid Services are available Apna shall have no liability, whatsoever, to refund Apna Coins that are deducted from your Enterprise Account towards such Paid Job Post(s).
- The validity period of a Paid Job Post will depend on the number of Apna Coins utilized to make the Paid Job Post. The validity period shall be from the date of publishing the Paid Job Post on the Apna Platform.
- No refunds for any purpose other than Apna’s inability to provide the Services shall be made once Apna Coins are issued. If Apna is unable to provide the Services, refunds shall be made pro-rata to the usage of the unused Apna Coins. It is hereby clarified that no refunds shall be made vis-a-vis Apna Coins already exhausted by you.
- Prior to any Designated User being allowed to use the Apna Platform you agree that you will register each Designated User with the Apna Platform. Apna may require you to share documentation evidencing the Designated User’s affiliation with the Client, including but not limited to employee identity card, PAN etc. You represent and warrant that you have the right, authority and have obtained requisite consent from the respective Designated User(s) to share the above mentioned information with Apna.
- Subject to the Paid Services and/or Subscription Plan availed of by you, a Designated User might be required to download the Apna mobile application ("Apna App"). If a Designated User is required to download the Apna App and avail the Services via the Apna App such Designated User may be required to enter personal data and shall be required to verify the mobile number provided during the registration process. You will ensure that the personal data and mobile number provided by the Designated User is accurate.
- Apna shall ensure that any personal data entered by an Authorized User is kept confidential at all times.
- If Designated Users have previously purchased a Subscription Plan in their individual capacity, on their addition to the Enterprise Account as a Designated Users, their individual Subscription Plan may, at Apna’s sole discretion, be merged into your Subscription Plan. You shall ensure that necessary reimbursements, if required, and consent is obtained by you from the said Designated User(s) for their addition to the Enterprise Account and transfer of their Apna Coins to the Enterprise Account. You agree to indemnify and to hold Apna harmless from any claims made by a Designated User in relation to their addition to an Enterprise Account and the transfer of their Subscription Plan to the Enterprise Account.
- Purchase of Subscription Plan may be made either by the administrator of an Enterprise Account or Designated Users. All invoices shall be raised by Apna on the Enterprise Account, i.e. the invoices will be in the name of the organization for which the Enterprise Account has been activated.
- Apna reserves the right to restrict the number of Job Posts per Enterprise Account. The determination of whether or not to restrict the number of Job Posts shall be at Apna’s sole discretion.
Last updated on 01.06.2023