Terms of use

Effective Date: 01-12-2023

The following Terms of Use apply when You view or use the Service via our Website located at hiroscope.ai. These Terms are a legally binding Contract between You and Us.

Please review the following terms carefully. By accessing or using the Service, you signify your agreement to these Terms of Use. If you do not agree to be bound by these Terms of Use in their entirety, you may not access or use the Service.

The domain name hiroscope.ai (hereinafter referred to as "Website/hiroscope.ai") is owned by Topgeek Private Limited, a Company incorporated under the Companies Act, 2013, having CIN number U74999KA2021PTC151580, with its registered office located at No. 18, 2nd Cross Road, NS Palya, BTM Layout 2nd Stage, Bangalore - 560076, Karnataka, India. TopGeek Private Limited (hereinafter referred to as "TopGeek/hiroscope.ai/We/Us/Our") operates, controls and maintains the Website (hiroscope.ai). That the hiroscope.ai products/services are hereby provided by the Websites maintained, operated and controlled by TopGeek Private Limited and all transactions carried out by TopGeek Private Limited under hiroscope.ai are legitimate. TopGeek does not act as an agent for and on behalf of any Vendor, Recruiter, or other User (Collectively called “User(s)/You/Your”).

Your visit/use of the Website, products and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If You transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with TopGeek and these terms and conditions including the policies constitute your binding obligations, with the hiroscope.ai.

This website is a public site with access and TopGeek will not have any liability for the quality and genuineness of responses. That TopGeek cannot monitor each of the responses that a person may receive in response to information he/she has posted on the Website. The Users will have to conduct their own background checks on the bonafide nature of all postings and response(s).

That you give TopGeek permission to use your information and TopGeek will display the same across our services, without any compensation to you. We use data and information about you to make relevant suggestions and recommendations to you and others. This website may contain links to third party websites, these links are provided solely as convenience to you and the presence of these links should not under any circumstances be considered as an endorsement of the contents of the same, if you chose to access these websites you do so at your own risk and peril.

When you use any of the services provided by Us through the Website, including but not limited to interview creation, resume screening, video interview etc, You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use.

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

1. ACCOUNT REGISTRATION:

1.1 You must be at least 18 years of age to register an account on Our Website. TopGeek reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to TopGeek’s notice or if it is discovered that you are under the age of 18 years.
1.2 We retain the authority to deactivate your account and delete all associated information following a period of inactivity. However, this action will only be taken after we have provided you with prior notice.
1.3 You shall be responsible for maintaining the confidentiality of Your Display Name and Password and You shall also be responsible for all activities that occur under Your Display Name and Password.
1.4 You must ensure that the details provided by you on registration or at any time thereafter are accurate, up to date, and complete. You agree that if any information that is untrue, inaccurate, not current or incomplete or if We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide you with access to the Website.
1.5 Further, You also agree to indemnify TopGeek and its affiliates for all losses, damages and expenses incurred by it due to any false, distorted, manipulated, defamatory, libelous, vulgar, obscene, fraudulent or misleading facts or otherwise objectionable averments made by You on the network of the hiroscope.ai.
1.6 That all/any information or data posted by the User which are displayed by hiroscope.ai becomes public data and no more private and hiroscope.ai may use the same at their sole discretion and shall have the right to publicize the same including the vacancy intimidated by a User for display on hiroscope.ai or in any other media including the print media at no extra costs to the User and we shall not be held liable for usage/publicity of such information.
1.7 We do not provide any guarantees or warranties regarding the likelihood of receiving a satisfactory response or any response at all once the job is published by the User via Our website.
TopGeek will not entertain any claims from the user under any circumstances.

2. PLATFORM FOR TRANSACTION AND COMMUNICATION:

2.1 The Website is a platform that Users utilize for obtaining products/services provided by the hiroscope.ai and interact with one another for their transactions. That hiroscope.ai is not and cannot be a party to or control in any manner any transaction between the Website's Users.
2.2 All commercial/contractual terms are offered by and agreed to between Users of the website alone. hiroscope.ai does not make any representation or warranty as to specifics (such as quality, value, salability, etc.) of the services proposed to be sold or offered to be sold or purchased on the Website of the third party. hiroscope.ai accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
2.3 The hiroscope.ai platform shall not be utilized to upload, post, email, transmit or otherwise make available either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail by the User. hiroscope.ai reserves the right to filter and monitor and block the emails sent by Users using the servers maintained by hiroscope.ai to relay emails. All attempts shall be made by hiroscope.ai and the User should abide by International Best Practices in containing and eliminating Spam. In case of a violation of this clause, the User transmitting such email shall be solely liable to the aggrieved party and hiroscope.ai reserves the right in its sole discretion to terminate such User accounts without notice and to forfeit any amounts paid by such User.
2.4 When You use the Website or send emails or provide other data, information or communication to Us, You agree and understand that you are communicating with us through electronic records and You consent to receive communications via electronic records from us periodically and as and when required. We may communicate with you by email, social media, post, courier service or by other mode of communication, electronic or otherwise.
2.5 The User is solely responsible for maintaining confidentiality of the User password and User identification and all activities and transmission performed by the User through his User identification and shall be solely responsible for carrying out any online or off-line transaction involving credit cards / debit cards or such other forms of instruments or documents for making such transactions and hiroscope.ai assumes no responsibility or liability for their improper use of information relating to such usage of credit cards / debit cards used by the User online / off-line.
2.6 By using the hiroscope.ai website, You release and indemnify hiroscope.ai, along with its officers, directors, agents, employees, and affiliates, from any cost, expense, loss, damage, liability, or other consequence arising from Your actions on the website. You explicitly waive any claims that You may have in this regard under any applicable law. Despite hiroscope.ai's reasonable efforts, it cannot assume responsibility or control over the information provided by other Users on the website. You may encounter content from other Users that could be offensive, harmful, inconsistent, inaccurate, or deceptive. Exercise caution and practice safe trading when using the website. Please be aware of potential risks associated with dealing with underage persons or individuals acting under false pretenses.
2.7 The User shall not infringe on any intellectual property rights of any person / entity or retain information / download any information from any computer system or otherwise with an intention to do so.
2.8 The hiroscope.ai will make best efforts to do so but does not warrant that any of the websites or any affiliate site(s) or network system linked to it is free of any operational errors nor does it warrant that it will be free of any virus, computer contaminant, worm, or other harmful components. The subscription of a User shall be subject to Quotas as applicable and as advised. E-Mails provided as part of contact details are expected to be genuine and access to such email accounts is available to authorised personnel only.
2.9 The hiroscope.ai shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the User's account and / or information relating to or regarding online transactions using credit cards / debit cards and / or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used whether or not in pursuance of a legal process or otherwise.
2.10 Payments for the Services offered by hiroscope.ai shall be as provided on the Website. Refund, if any, will be at the sole discretion of the hiroscope.ai. The hiroscope.ai offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the User’s card/bank account.
2.11 That the hiroscope.ai gives no guarantees of server uptime or products working properly or of timely provision of Services. All is on a best effort basis and liability is limited to refund of the amount only. The hiroscope.ai undertakes no liability whatsoever for free services.
2.12 In case a User using the world wide web/internet receives a spam or virus which includes a link to the hiroscope.ai or to any other site maintained, operated or owned by TopGeek, We are not responsible for the same. That hiroscope.ai assumes no responsibility for such mails.

3. USE OF THE WEBSITE:

3.1 We hereby provide you with a limited, terminable, non-exclusive permission to utilize the Website for your internal business purposes, including:
3.1.1 Publication of job listings.
3.1.2 Searching for, screening, assessing, and evaluating Candidates
3.2 Your authorization to access and utilize the Website is individual to you and cannot be transferred or assigned. In the case of a corporate entity, if your employee or agent accesses and uses the Website on your behalf, it is your responsibility to ensure their compliance with the terms of use.
3.3 You shall not host, display, upload, modify, publish, transmit, update or share any information which:
3.3.1 Belongs to another person and to which You do not have any right to;
3.3.2 Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to indecent representation of women;
3.3.3 Is misleading in any way;
3.3.4 Is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
3.3.5 Harasses or advocates harassment of another person;
3.3.6 Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
3.3.7 Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
3.3.8 Infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
3.3.9 Promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
3.3.10 Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
3.3.11 Provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
3.3.12 Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
3.3.13 Contains video, photographs, or images of another person (with a minor or an adult).
3.3.14 Tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
3.3.15 Engages in commercial activities and/or sales without Our prior written consent including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Website. Throughout this Terms of Use, hiroscope.ai 's prior written consent means a communication coming in writing from the hiroscope.ai's Legal Department/Authorised Personnel appointed by hiroscope.ai, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorization;
3.3.16 Solicits gambling or engages in any gambling activity which We, in Our sole discretion, believe is or could be construed as being illegal;
3.3.17 Interferes with another User's use and enjoyment of the Website or any other individual's user and enjoyment of similar services;
3.3.18 Refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.
3.3.19 Harm minors in any way;
3.3.20 Infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent;
3.3.21 Violates any law for the time being in force;
3.3.22 Deceives or misleads the addressee/users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
3.3.23 Impersonate another person;
3.3.24 Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
3.3.25 Threatens the unity, integrity, defense, security or sovereignty of a country, friendly relations with foreign states, or public order or causes incitement to the commission of any offence or prevents investigation of any offence or is insulting any other nation.
3.3.26 Shall be false, inaccurate or misleading;
3.3.27 Shall, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable laws, rules, regulations or guidelines for the time being in force.
3.3.28 Shall create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers;
3.4 You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity.
3.5 You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the products/services offered on or through the Website, by hacking, password mining or any other illegitimate means.
3.6 You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
3.7 You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or our Affiliates or the brand name or domain name used by Us or our Affiliates including but not limited to the hiroscope.ai, or otherwise engage in any conduct or action that might tarnish the image or reputation, of hiroscope.ai on the platform or otherwise tarnish or dilute TopGeek’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by Us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or the hiroscope.ai's systems or networks, or any systems or networks connected to the hiroscope.ai.
3.8 You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or conduct any unauthorized transaction on the Website, or interfere with any other User's use of the Website.
3.9 You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
3.10 You may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of TopGeek and/or others.
3.11 You shall at all times ensure full compliance with the provisions of the applicable laws and rules thereunder and as amended from time to time and also all applicable Domestic laws, rules and regulations regarding Your use of Our platform. You shall not engage in any activity, which is prohibited by the provisions of any applicable laws or regulations for the time being in force.
3.12 You shall not engage in advertising to, or solicitation of, other Users of the Website to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Website or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website. It shall be a violation of these Terms of Use to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit written consent. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a User may send to other Users in any 24-hour period which We deem appropriate in our sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. We reserve the right, but have no obligation, to monitor the materials posted on the Website. hiroscope.ai shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect hiroscope.ai views. In no event shall the hiroscope.ai assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.
3.13 It is possible that other Users (including unauthorized users or hackers) may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.
3.14 TopGeek shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS (Denial of Service)/DDoS (Distributed Denial of Services).
3.15 You may appoint hiroscope.ai to manage your account on your behalf and in so doing will be deemed to have granted hiroscope.ai the right and authority to access, use or disclose, for and on your behalf, any such information which is in your account to provide any services contemplated under our Website.
3.16 By accessing and using hiroscope.ai, You acknowledge and agree that You shall be held liable for any and all damages, losses, claims and expenses incurred by Us as a result of your breach of this Terms of Use.
In the event of a breach of any provision of these Terms of Use, You agree to indemnify and hold us harmless from any claims, actions, demands, liabilities, losses, costs, and expenses, including legal fees, that may arise as a consequence of Your actions or omissions.
Your liability shall encompass but not be limited to the costs associated with any investigations, legal proceedings, settlements, and damages resulting from Your non-compliance with these Terms of Use. This liability clause remains in effect even after the termination or expiration of your use of hiroscope.ai.
By continuing to access and use our platform, You explicitly acknowledge your understanding of this clause and Your agreement to assume full liability for any breaches committed by You under these Terms of Use.

4. CONTENT POSTED ON THE WEBSITE:

4.1 As between you and hiroscope.ai, you own the User content and information that you submit or post to the hiroscope.ai and you are only granting the hiroscope.ai the following non-exclusive license: A worldwide, transferable and sub-licensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through our Services, without any further consent, notice and/or compensation to you or others.
4.2 Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial purpose, without hiroscope.ai's express prior written consent.
4.3 You may use information on the products and services purposely made available on the Website for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents. You undertake and confirm that You will not unauthorizedly publish any third Party information on the Website.
4.4 You shall be responsible for any notes, messages, emails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Website.

5. PERSONAL DATA:

5.1 If you visit Our website and click the “I agree” button or, while sharing any Personal Data, you click the “I agree” button when prompted about the Privacy Policy, You are giving Us your explicit consent to collect, use, and disclose your Personal Data in accordance with the Privacy Policy. Personal Data may include, but is not limited to:
- (1) Name, gender, date of birth, nationality, country, and city of birth.
- (2) Mailing address, telephone numbers, email address, and other contact details.
- (3) Resume details such as educational and professional qualifications, certifications, employment references, employment and training history.
- (4) Professional interests.
- (5) Work-related health issues and disabilities (if applicable).
- (6) Photographs and videos (if applicable).
- (7) Usage data from your access and use of the Platform.
- (8) Information you provide in online assessments conducted using the Platform.
- (9) Other information necessary for interaction with our services/products and from which your identity is discernible, including but not limited to occupation, interests, credit card information, billing information, financial information, content, IP address, standard web log information, company/organization association, data relating to your current and past remuneration or salary, information about your computer hardware and software.
- (10) Demographic information that is not unique to you such as code, preferences, favorites, etc.
- (11) Descriptive, cultural, preferential, and social & lifestyle information when requested.
5.2 In certain circumstances, You may provide us with Personal Data without us having had the opportunity to obtain the necessary consent. For example, if you provide us with details of shortlisted applicants who have applied for employment with You outside the Platform, for the purpose of conducting assessments and/or interviews on the Platform. In such instances, you affirm and guarantee that you have obtained the requisite consent and that the collection of Personal Data by you complies with applicable laws, or that you are otherwise legally authorized to disclose the Personal Data to us.
5.3 We process Personal Data in order to be able to provide our Services and in order to receive and reply to Your requests. For more information about how we collect, use, and protect your Personal Data, please refer to our Privacy Policy.

6. TERMINATION:

6.1 We are constantly innovating in order to provide the best possible experience for its Users. You acknowledge and agree that the form and nature of the Products/ Services which we provide may change from time to time without prior notice to you, subject to the terms in the Privacy Policy. Changes to the form and nature of the Products/Services may be effective with respect to all versions of the Products/Services; examples of changes to the form and nature of the Services include without limitation changes to fee and payment policies, security patches, added functionality, automatic updates, and other enhancements. Any new features that may be added or modified or removed from the Products/Services from time to time will be subject to these Terms, unless stated otherwise.
6.2 You may discontinue the use of the Products/Services offered on Our Website at any time by canceling your account. Upon cancellation, you agree to cease accessing and using our Website.
6.3 You agree that We, in our sole discretion and for any or no reason, may terminate your account or any part thereof. You agree that any termination of your access to the Products/Services may be without prior notice, and you agree that We will not be liable to you or any third party for such termination.
6.4 You are solely responsible for exporting your User Content from the Products/ Services prior to termination of your account for any reason, provided that if we terminate your account for our convenience, we will endeavor to provide you with a reasonable opportunity to retrieve your User Content.
6.5 Upon any termination of the Services/ termination of the Product usage or your account these Terms will also terminate, but all provisions of these Terms which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability and indemnification.

7. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY:

7.1 This Website, all materials, products (including but not limited to software), and services provided through this Website are offered on an 'as is' and 'as available' basis without any representation or warranties, express or implied. Without prejudice to the foregoing paragraph, hiroscope.ai does not provide any warranty as to the quality, completeness, or accuracy of any content available on the Website.
7.2 The hiroscope.ai will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. The hiroscope.ai does not warrant that this Website; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.
7.3 In no event we shall be liable for any special, incidental, indirect or consequential damages of any kind in connection with these Terms of Use, even if the User has been informed in advance of the possibility of such damages. We shall not, under any circumstances, be liable for the loss of employment opportunities.
7.4 We shall not be liable for any loss of information caused as a result of any interruption, suspension, or termination of the Platform or its services, or for the content, accuracy, or quality of content on or transmitted through the Platform.
7.5 Certain links on the Website lead to resources located on servers maintained by third parties over whom hiroscope.ai has no control or connection, business or otherwise as these sites are external to the hiroscope.ai. You agree and understand that by visiting such sites you are beyond the hiroscope.ai’s website. That the hiroscope.ai therefore neither endorses nor offers any judgment or warranty and accepts no responsibility or liability for the authenticity/availability of any of the goods/services/or for any damage, loss or harm, direct, indirect or consequential or any violation of local or international laws that may be incurred by your visit and/or transaction/s on these sites.
7.6 Nothing in this Terms of Use shall be deemed to confer any third-party rights or benefits.
7.7 IN NO EVENT SHALL TOPGEEK PRIVATE LIMITED’S OR ITS AFFILIATES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT THAT YOU HAVE ACTUALLY PAID FOR THE PRODUCTS/SERVICES IN THE PAST SIX MONTHS FROM THE DATE THE CLAIM ACCRUED.

8. SERVICE PAYMENT

8.1 We offer three Subscription Plans for Your convenience. These Plans cater to different needs and preferences, ensuring flexibility and accessibility for all Users. Our subscription plans include the Starter Pack, Solo Pack, and Enterprise Pack, details of which are provided on our Website.
8.1.1 The Starter Pack is free of cost and includes a limited number of benefits that can be used to access Our services on the Website. This plan serves as a trial period. You must upgrade Your plan if You find Our services satisfactory under the Starter Pack and wish to continue using them after the trial period. This can be done by selecting either the Solo Pack or the Enterprise Pack.
8.1.2 If You choose to proceed with the Solo Pack, upon clicking the "Buy Now" button under the Pricing Section of the Website, You will be taken to the Payment Gateway, where You must enter Your card or bank details to complete the payment. Once the order is placed, You will receive the benefits specified in the Website's Pricing Section. You can view the invoice for your purchase on the dashboard itself.
8.1.3 We recognize that selecting the Enterprise Plan may require careful consideration. To assist You in making an informed decision, We offer the "Contact Us Now" option under the Pricing Section of the Website. If You have any queries on the Enterprise Plan, simply click the "Contact Us Now" button. Upon doing so, You will be prompted to provide certain details, including but not limited to Your name, phone number, and monthly hiring volume. We will then contact You to address Your queries and assist You in purchasing the Enterprise Plan tailored to suit Your business needs. Depending on Your hiring volume and specific business requirements, We will provide a customized pricing plan suited to Your needs. This pricing will be communicated to You in written form and can be confirmed by Your acknowledgment in writing, which will form a legally binding agreement pertaining to pricing. Payment for Our services shall be made using the payment method shared by Us.
8.2 We will use Third-Party payment processors for Our Service to securely process payments made on our platform. Such Third-Party payment processors employ industry-standard security measures to protect Your payment information and ensure reliable payment processing. By using Our Services, You agree to abide by the terms and conditions of such Third-Party payment processors, including any applicable transaction fees and Privacy Policies.
8.3 While availing any of the payment method/s available on the Website, hiroscope.ai will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
8.3.1 Lack of authorization for any transaction/s, or
8.3.2 Exceeding the preset limit mutually agreed by You and between "Bank/s", or
8.3.3 Any payment issues arising out of the transaction, or
8.3.4 Decline of transaction for any other reason/s
8.4 You understand, accept and agree that the payment facility provided by hiroscope.ai is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, collection and remittance facility for the Transactions on the hiroscope.ai Website using the existing authorized banking infrastructure and Credit/Debit Card payment gateway networks. Further, by providing Payment Facility, hiroscope.ai is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.
8.5 hiroscope.ai reserves the right to impose limits on the number of Transactions or Transaction Price which hiroscope.ai may receive from an individual Valid Credit/Debit/ Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator to provide enabling support facility for collection and remittance of payment or by a User during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
8.6 Refunds will be issued at the sole discretion of hiroscope.ai. For more details on our refund process, please refer to Our Refund Policy
8.7 hiroscope.ai reserves the right to refuse to process Transactions by Users with a prior history of questionable charges including without limitation breach/violation of any law or any charges imposed by the Issuing Bank or breach of any policy.

9. BUYER'S ARRANGEMENT WITH ISSUING BANK

9.1 All Valid Credit / Debit and other payment instruments are processed using a payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the User and the respective Issuing Bank and payment instrument issuing company.
9.2 All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between User and the respective Issuing Bank.

10. INDEMNITY

10.1 You shall indemnify and hold harmless hiroscope.ai, its owner, licensee, affiliates, subsidiaries, group companies and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed or losses, damages or expenses including reasonable attorneys' fees incurred due to or arising out of Your breach of this Terms of Use, Privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
10.2 We shall also be entitled to appropriate equitable relief in addition to whatsoever remedies we might have at law and to be indemnified by You from any damages, loss or harm, expenses including, without limitation, reasonable attorney’s fees in connection with these Terms of Use.

11. GOVERNING LAW:

11.1 TopGeek Private Limited is a company registered under the Companies Act, 2013 and operates in the territorial jurisdiction of India and complies with Indian Laws and anyone visiting/using the website hiroscope.ai beyond the territorial jurisdiction should comply and ensure compliance with the applicable laws of India and that of the visitor’s/user’s territorial laws wherein the visitor/user is based.
11.2 These Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India without regard to its conflict of laws provisions.
11.3 Any natural or legal person visiting the website hiroscope.ai from beyond the territorial jurisdiction of India should comply and ensure that they and their visitors shall comply with the applicable laws of India and that of the applicable territorial laws wherein they and their visitor is based.

12. DISPUTES AND ARBITRATION:

12.1 Any dispute, controversy, or claim arising out of or in connection with these Terms of Use, shall be resolved by arbitration in accordance with the Indian Arbitration and Conciliation Act, 1996. The arbitration shall be conducted by a sole arbitrator appointed mutually by the parties. The seat of arbitration shall be, Bangalore (Karnataka, India) and the language to be used in the arbitration proceedings shall be English.
12.2 ANY DISPUTE RESOLUTION PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE SALES TRANSACTIONS BETWEEN YOU AND US/OUR AFFILIATES, SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, AND YOU EXPRESSLY AGREE THAT CLASS ACTION AND REPRESENTATIVE ACTION PROCEDURES SHALL NOT BE ASSERTED IN NOR APPLY PURSUANT TO THESE TERMS AND CONDITIONS. YOU ALSO AGREE NOT TO BRING ANY LEGAL ACTION, BASED UPON ANY LEGAL THEORY INCLUDING CONTRACT, TORT, EQUITY OR OTHERWISE, AGAINST US THAT IS MORE THAN ONE YEAR AFTER THE DATE WHEN THE DISPUTE IN QUESTION CAME INTO EXISTENCE.

13. PRE-CONDITION AND UNDERTAKING BY THE RECRUITERS:

13.1 Recruiter will comply with all applicable data protection laws in relation to the processing of personal data; and will not process personal data in an unlawful manner and other than the agreed purposes as defined in the Privacy Policy and these Terms of Use. The Recruiter further agrees that the responsibility for complying with a data subject/data principal request lies with the Party which holds/processes the Personal Data collected/shared.
13.2 Recruiter shall act as an independent Data Controller in respect of shared personal data obtained from hiroscope.ai once the data is collected by Recruiter and Recruiter shall be responsible for its secure use at all times. Recruiter hereby agrees to provide necessary assistance as is required to facilitate the handling of any Data Security Breach as per the prevailing privacy laws in an expeditious manner.
13.3 That the Recruiter shall implement adequate technical and organizational controls to protect the shared personal data obtained from hiroscope.ai against unauthorised or unlawful processing and against accidental loss, destruction, damage, alteration or disclosure.
13.4 That the Recruiter warrants and represents that they will not disclose or transfer Personal Data obtained from hiroscope.ai to any sub-processors without obtaining written permission from the hiroscope.ai and only upon ensuring adequate and equivalent safeguards to the Personal Data. It is further agreed that the Recruiter shall retain or process shared Personal Data for no longer than is necessary to carry out the agreed purposes.
13.5 That the Recruiter shall not charge any fee from any Candidate who responds to jobs published via hiroscope.ai for processing of applications / responses from such persons.
13.6 That the Recruiter shall be deemed to give an undertaking to hiroscope.ai that the jobs sought to be published via hiroscope.ai are in existence, are genuine and that the Recruiter has the authority to publish such jobs.
13.7 That hiroscope.ai reserves rights to change the look, feel, design, prominence, depiction, classification of hiroscope.ai at any time without assigning any reason and without giving any notice.
13.8 That hiroscope.ai do have the rights to make all such modifications/editing of the vacancy details in order to fit its database.

14. TRADEMARK, COPYRIGHT AND RESTRICTION:

14.1 The Website is controlled and operated by TopGeek Private Limited. Subject to clause 4 (Content Posted on the Website), all materials available on this Website, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights owned by TopGeek Private Limited. These materials are provided for your personal and non-commercial use only.
14.2 You are prohibited from copying, reproducing, republishing, modifying, uploading, transmitting, or distributing any material from this Website without prior written consent from TopGeek Private Limited. Any unauthorized use of these materials constitutes a violation of copyrights, trademarks, and other proprietary rights. Modification of the materials or their use on other websites or networked computer environments, as well as any commercial use, without explicit permission from TopGeek Private Limited, is strictly prohibited.
14.3 Any use of the materials for which you receive remuneration, whether monetary or otherwise, is considered a commercial use under this clause.

15. TRADEMARK COMPLAINT:

The hiroscope.ai respects the intellectual property of others. In case You feel that Your Trademark has been infringed, You can write to hiroscope.ai at legals@hiroscope.ai

16. USE RESTRICTIONS:

That companies/ job portals/ websites similar to that of the hiroscope.ai are prohibited/ restrained from using the website of the hiroscope.ai. Furthermore, individuals/companies intending to build or have built a platform similar to that of the hiroscope.ai are prohibited /restrained from using the website of hiroscope.ai.

17. AVAILABILITY OF SERVICES:

17.1 We strive to maintain uninterrupted access to the Platform, although we cannot guarantee constant availability or error-free operation. Nevertheless, we commit to reasonably address any issues that may arise.
17.2 At times, access to the Platform may be restricted for repairs, maintenance, or updates. We endeavor to minimize downtime and restore access as soon as reasonably possible.

18. FORCE MAJEURE:

The hiroscope.ai shall not be liable for any default or delay or non performance of any of its obligations due to circumstances beyond its reasonable control (“Force Majeure Event”). Force Majeure Event shall include but not be limited to fire, flood, earthquake, diseases, epidemic, pandemic, elements of nature or acts of God, acts of war, terrorism, government acts, strikes and legislative constraints, unavailability of utilities and services, electric power and telecommunications services and any other similar cause beyond the reasonable control of hiroscope.ai.

19. NO GROUP CLAIMS/LAWSUITS:

That in case of any claims by the User, the same shall be claimed / filed individually and not in groups, that the User shall not be a part member of any kind of group claims / lawsuits in any capacity against the hiroscope.ai or its affiliates. You acknowledge that this provision is a material condition of these Terms of Use and that it cannot be severed from this Terms of Use.

20. MISCELLANEOUS:

20.1 If any part of the Terms of Use is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions.
20.2 The failure of TopGeek Private Limited to exercise or enforce any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Any waiver of any right or provision by TopGeek Private Limited must be in writing and shall only apply to the specific instance identified in such writing.
20.3 You may not assign these Terms, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without our prior written consent. You agree that we may assign or transfer our rights under these Terms at our sole discretion, where we reasonably believe that your rights will not be affected.

21. CHANGES TO THE TERMS OF USE:

We reserve the right to periodically update the Terms of Use. You will be informed of any changes either through the email address you provided during registration or by an announcement on the Website. By continuing to access and use the Website after being notified of the changes, You indicate Your acceptance of the updated terms.

22. CONTACT US:

Please contact us on support@hiroscope.ai for any questions or comments regarding this Website.

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