Thank you for your interest in Longlist. These terms of service (“Terms“) are a legally binding agreement between Longlist Inc. (“Longlist”, “the Company”, “we” or “us”) and between you (“Licensee” or “you”) and constitute the legal basis for your access and use of Longlist’s proprietary online software, accessible on a Software as a Service basis, including through the use of an API, integrated application, browser extension, downloadable software or Longlist's website (the “Solution”). The Solution, the Longlist website (longlist.io) (“Site”), and any feature, functionality, data, and content therein will be herein referred to as the “Services”.
1. General conditions of use
- You declare that you are at least 18 years of age, are of firm competence to contract at the time of registration on Platform.
- You declare that you have never been previously suspended or removed from Platform.
- You declare that you shall abide by all the terms and conditions of these Terms, and any other policies that the Company might evolve from time to time (“Policies”).
- You acknowledge that these Terms are only representative, and the Company reserves the right to add, remove, change and/ or modify, at any time, the Terms or part thereof, with or without notice to the User.
- The Company reserves the right to seek any and all remedies available under law and in equity on account of violation of, or non-compliance with, these Terms and Policies by the User.
- Failure by the User to comply with the Terms shall result in immediate suspension and/ or Termination of the User Account (defined below) in question, and suspension and/ or Termination of the Services provided to you through Platform.
- The selection and arrangement of all content, whether text, tables, graphics, pictures, video etc., are the proprietary property of the Company, or its licensors with all rights reserved. Any use of Platform or the content of Platform other than as specifically authorised herein, without prior written permission from the Company, is strictly prohibited and shall result in the immediate Termination of the User Account.
- You understand and acknowledge that you access our Services fairly and for your personal use only. You are not permitted at any point to share with, or sell to, any third party the Reports we curate and grant access to you for. You also undertake and represent that you input or share only such data that is your own or that you have rightful permission to share.
2. Description of Services
- We may request your inputs over a form, including but not limited to your education experience, professional experience, associated skills, expectations from potential work opportunities etc., based on which your profile is created on the Platform (“Profile”). We may enrich your Profile from time to time by using information available about you in the public domain. Your profile, at all times, is visible over the public internet. To understand your skills and interests, we may reach out to, and interact with, you over email, phone, text, message or other modes of communication. Please see our Privacy Policy here for more details.
- You may also, from time to time, have access to career insights and reports (“Reports”) about your professional sector. These Reports are created using publicly available information and crowdsourced intelligence, and you understand that these Reports are, therefore, not definitive, nor do they claim or warrant accuracy or relevance.
- You understand and agree that neither the Platform nor we make any automatic offer, nor do we guarantee you recruitment. Your use of the Website does not, in any way, guarantee you a job offer or opportunity
3. Payments
- You may make payments over Platform for the different Services that the Company provides you with from time to time. It is clarified that the term Services means access to the Platform and services provided to you over the Platform based on your preferences and background which you share with us in your Profile.
- You will be solely responsible for ensuring that the information entered for making such payment is correct (phone number, payment value, payment instrument details etc.).
- Payments are processed through our payment gateway partner (“Payment Gateway”) which accepts payment instruments including Visa and Master Credit Card, American Express Credit Card, Debit Card, and Net Banking as mode of payments. All such payments are subject to the specific terms and conditions of such Payment Gateway, which may be amended at the Payment Gateway’s discretion, and the Company or the Website make no commitments in this regard.
- The Platform does not collect or store any sensitive personal information pertaining to the payment instrument/ account. Your payment transaction is authorised at multiple points, first by the Payment Gateway and subsequently by your payment instrument provider without any information passing through us.
- From time to time, we may review and monitor transactions to identify potentially fraudulent transactions and take immediate corrective steps to mitigate and/ or limit the damage caused or likely to be caused.
- You acknowledge that Platform is not responsible for the failure of a payment due to a lack of seamless connectivity on your end or inaccuracy of payment related information.
4. Exclusions and limitations of liability
- You acknowledge that all liability for damages arising out of or in connection with your use of Platform is excluded. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
- This applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the Company has been advised of the possibility of such damage. In jurisdictions that do not allow the exclusion or limitation of incidental or consequential damages, the liability of the Company shall be limited to the extent of the amount actually paid through Platform by you while availing any of the Services over Platform.
- You acknowledge that the Company shall not be liable for any error, fraud, theft and/ or any criminal activity which may take place at your/ User level.
5. Refunds
All transactions on Platform, monetary and otherwise, are non-refundable, non-exchangeable, non-transferrable and non-reversible, save and except in the event of proven gross negligence on the part of the Company or its representatives, in which event you agree that you shall only be entitled to a refund of the amount actually received by us.
6. Indemnification
By accepting these Terms and using the Platform, you agree to indemnify, save, and hold us, the Company, its affiliates, contractors, employees, officers, directors, agents and its third party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to your use or misuse of the Services or of the Platform, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, the Company, including rights to settle, and you agree to cooperate with our defence and settlement of these claims. We will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive Termination of your acceptance of this Terms.
7. Force Majeure
The Parties agree that neither Party shall be liable to the other for any failure to perform any obligation under this Terms or any agreement which is due to an event beyond the control of such Party including but not limited to any act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, direction of governmental or regulatory authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the Termination of this Terms or any agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the Terms and conditions of any agreement contained herein.
8. Intellectual property rights
- The Platform is owned by the Company. Unauthorized use is strictly prohibited. All rights are expressly reserved to the Company. We, or our licensors, own all right, title and interest, including, but not limited to all copyright, trademark, patent, trade secret or other proprietary rights (collectively referred to as “IP Rights”), in and to Platform and any other materials therein, including but not limited to Reports. The logos, banners and the like are trademarks of the Company. The IP Rights may not be used in any manner without the expressed approval of all or any content featured on Platform. Without the Company’s permission, you agree not to display or use these in any manner. You shall not reproduce, distribute, transmit, modify, create derivative works, display, perform or otherwise use Platform or any of the IP Rights, or attempt to reverse engineer, decompile, disassemble Platform or use Platform to create a competing product.
- The Company respects the intellectual property of others. The Company expects the User to do the same. If the User believes that his/ her intellectual property rights have been violated please inform the Company immediately at [email protected]
9. User responsibility for content
The User is responsible for ensuring that in their use of Platform, no action or omission occurs which is contrary to any law for the time being in force. Any breach by the User would render the User liable to Termination of User Account, blocking of User access to Platform, or any other action under any law for the time being in force. The User specifically undertakes not to host, display, upload, modify, publish, transmit, update or share any information that –
1. belongs to another person and to which the user does not have any right to;
2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
3. harms minors in any way;
4. infringes any patent, trademark, copyright or other proprietary rights;
5. violates any law for the time being in force;
6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
7. impersonate another person;
8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
9. 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 any other nation.
10. Disclaimer
No warranties, express or implied, are made as to the accuracy of information provided to you over the Platform. User discretion is advised.
11. Governing Law and Dispute Resolution
This agreement shall be governed by and construed in accordance with the laws of India. By visiting and registering on Platform, you agree to the applicable laws. Any dispute of any sort that might arise between you and the Company or its affiliates is subject to arbitration, per the Company’s sole discretion, failing which the said dispute will be subject to the exclusive jurisdiction of the courts at Bengaluru only.
12. Grievances
If you wish to register a complaint regarding Platform, you may do so by sending an email to [email protected] Your email will be acknowledged by a system generated response, or via an individual manual email to the extent possible, within 36 hours of us having received it. You will be kept informed of the progress we make in redressing your complaint and/ or the reasons for delay, if any, in such redressal.
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