Definitions & Interpretation
In these Terms, the following words have the following meanings:
“Client” means a client or customer of Ours to whom We are providing recruitment or talent mapping services;
“Consultant” means the employee or representative of Ours with whom You are dealing;
“Credentials” means the login credentials which We provide to You or which You create or update for the purpose of accessing the Portal;
“Data” means personal data and special data within the meaning of the General Data Protection Regulation (EU 2016/679) and under the respective national laws, regulations and secondary legislation as may be defined or updated from time to time;
“Data Protection Legislation” means (i) the General Data Protection Regulation (EU 2016/679) to the extent that it has extra-territorial effect over Us and (ii) all national laws, regulations and secondary legislation in Our legal jurisdiction relating to the protection of data privacy, as amended or updated from time to time;
“Introduce” means (i) the submission of Your details by Us to a Client and/or (ii) a Client viewing Your User Profile within the Portal, in either case with a view to You fulfilling a Requirement;
“IP Rights” means any copyright, design rights, trade marks and other similar intellectual property rights of any kind, whether or not registered or registrable;
“Portal” means Our Talent Management website at www.whitecrowresearch.com/login
“Preferred Client” means a Client to which You have asked to be Introduced or otherwise indicated within the Portal that You would like to be Introduced by Us;
“Requirement” means a vacancy or staffing requirement within a Client organisation;
“Services” means the work-finding services provided by Us in accordance with these Terms;
“Terms” means these terms, which govern Our provision of Services to You and, in particular, Your use of the Portal;
“User Profile” means Your unique user profile within the Portal;
“We/Us” means WhiteCrow Research Pvt. Ltd, a limited company registered and headquartered in India under company number U73100MH2010PTC211609 and whose registered global office is at A-101/106, 1st Floor, Supreme Business Park, Hiranandani Gardens, Powai, Mumbai – 400 076. “Our” shall be interpreted accordingly; and
“You” means you, the person to whom We provide the Services.
Clause headings shall not affect the interpretation of these Terms.
A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
Any reference to (i) the singular shall include the plural and (ii) the masculine shall include the other genders.
Our Provision of Services
We shall provide the Services to You without charge.
We shall make the Portal available for You from time to time to create or manage Your User Profile and, in doing so, shall use reasonable endeavours to ensure that:
The Portal is available for You to use but We offer no guarantee as to the Portal’s availability or functionality at any time; and
The Portal is free of any virus, worm, spyware and other malware at all times, but You must take all reasonable measures to protect any computer system or device used by You to access the Portal, which shall include the use of up to date commercially-available anti-virus and anti-malware software.
We reserve the right to make any change to the appearance, functionality and content of the Portal at any time at Our entire discretion.
We may provide general information about Clients or other third parties in company profiles (Profiles) on our Portal and:
We shall use reasonable endeavours to ensure that the Profiles are accurate and up to date but We offer no warranty in this regard and You must not therefore rely upon the information within a Profile for any purpose;
2.4.2.We do not accept any liability for the content of any third-party website which may be hyperlinked from a Profile; and
You may not extract, duplicate or republish a Profile (in whole or in part) for any reason save for your own private use.
Whilst We shall give due consideration to any request by You to be Introduced to a particular Client:
We do not guarantee to Introduce You to such Client or any other party;
We do not guarantee to find You employment or engagement with a Client; and
You are not under any obligation to accept an offer of employment or engagement which is made by a Client.
By registering your details within the Portal and creating a User Profile, You acknowledge and agree that We may:
Shortlist and submit your details for Requirements in addition to or instead of the specific Requirement, if any, for which You originally registered your details;
Make your details available for relevant Clients to view within the Portal save to the extent that You may have instructed Us to restrict viewing access for specific Clients; and
2.6.3. Include your User Profile details and contact information within any research which We may carry out for or on behalf of a Client, subject to any applicable restrictions under the Data Protection Legislation
We may decline to provide Services to You at any time and for any reason provided that We shall not exercise this right in any illegal manner.
You must ensure that at all times the information within Your User Profile is up to date, accurate and not misleading. If any information within Your User Profile is out of date, inaccurate or misleading, You must update Your User Profile without delay or, if You are unable to do so for any reason, You must notify Your Consultant without delay.
You must use the Portal and Your User Profile solely in connection with Our provision of Services and must not use the Portal or Your User Profile for any unrelated personal, promotional or commercial purpose.
If You add the details of any social media account to Your User Profile, You acknowledge and agree that We and the Client may view any public content within such social media account.
You must not create any hyperlink within Your User Profile to any third-party website which includes material that is or would reasonably be considered to be offensive, defamatory, illegal or discriminatory.
You must not publish or permit there to be published within Your User Profile:
any offensive, defamatory, illegal or discriminatory material;
any content which may bring Us, Our Clients or any third party into disrepute; or
any computer code which may affect the appearance, functionality or performance of the Portal in any manner whatsoever.
You must not do or permit there to be done anything which may bring Us into disrepute.
You must not hack, copy, decompile or reverse-engineer any part of the Portal or carry out any SQL-injection, penetration test or Denial of Service (DoS/DDoS) attack against the Portal at any time for any reason.
You must not use any data mining, robots or similar data gathering or extraction methods.
You must keep the Credentials confidential and not permit any third party to use the Credentials at any time.
We may from time to time ask You to provide additional information and documents to support or supplement the information which You have provided within Your User Profile. You agree to provide such information and documents to Us without delay.
We are a Data Controller within the meaning of the Data Protection Legislation.
We shall take all reasonable technical and organisational measures to protect Your Data and ensure that, where applicable, it is processed strictly in accordance with the Data Protection Legislation.
You acknowledge that We shall control and process Your Data in accordance with Our Privacy Notice, which is available to view at www.whitecrowresearch.com/privacy-notice.
You can always choose not to provide information, although it might be needed for Us to effectively provide the Services to You.
Intellectual Property Rights
Except for the information which You add to Your User Profile, any IP Rights in (i) the Portal and (ii) the content within the Portal are Our property or, where applicable, the property of Our Client. Nothing in these Terms entitles You to use any such IP Rights for any purpose save within the ordinary course of creating, updating and maintaining Your User Profile.
You agree to grant Us an exclusive, worldwide and perpetual licence to use any content published by You at any time within Your User Profile. We may use such content for any legitimate purpose related to the Services at Our entire discretion.
Limitation Of Liability
Subject to clause 6.3, Our aggregate liability to You in respect of any claim or series of claims arising out of or in connection with the performance or non-performance of these Terms or the Services shall be limited to a sum equivalent to 7,000 INR (Indian Rupees).
We shall not be liable to You for any indirect or consequential losses which You may suffer in relation to these Terms or Our provision of Services.
We do not intend to limit or exclude Our liability for death or personal injury arising from Our negligence, for fraud or fraudulent misrepresentation or for any other liability which may not be limited or excluded by law.
YOU SHALL BE LIABLE FOR AND MUST INDEMNIFY US FOR ANY LOSSES, CLAIMS, DAMAGES, EXPENSES AND FEES (INCLUDING LEGAL FEES) WHICH WE SUFFER OR INCUR AS A RESULT OF YOUR BREACH OF THESE TERMS, NEGLIGENCE, RECKLESSNESS OR WILFUL DEFAULT.
If You have a complaint about the Services provided by Us, You should speak to Your Consultant in the first instance.
If Your Consultant is unable to resolve Your complaint to Your satisfaction or if You consider it to be inappropriate to deal with Your Consultant in respect of the complaint, You should contact System Administrator by email at email@example.com or by telephone on +91 022-67379111. If You would prefer to write to Us, Our address for correspondence is A-101/106, 1st Floor, Supreme Business Park, Hiranandani Gardens, Powai, Mumbai – 400 076.
We will use reasonable endeavours to respond to any complaint which You make within 30 days of receipt, unless any relevant party is temporarily absent from Our business, if Your complaint is particularly complicated or if it requires an unusually lengthy investigation by Us. In that event, We will keep You updated as to the likely timescale for a response.
We may terminate Our provision of the Services under these Terms at any time and with immediate effect by notifying You in writing. For these purposes, writing shall be deemed to include an email to the email address recorded in Your User Profile or any other type of electronic communication, including a text message or social media message.
You may terminate Our provision of Services to You at any time and with immediate effect by indicating that You wish to do so within Your User Profile or alternatively by sending an email to Us at firstname.lastname@example.org.
Upon termination by either party, We will delete Your User Profile from the Portal within a reasonable period. Following the deletion of your User Profile, We shall retain Your Data strictly in accordance with the data retention policy which is set out in Our Privacy Notice at www.whitecrowresearch.com/privacy-notice.
The termination of the Services for any reason shall not invalidate any Introduction which is then in progress or which We have already made in relation to a Requirement.
Following termination of the Services under these Terms, any provision that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
These Terms constitute the entire agreement between You and Us in relation to the Services and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
We may update or replace these Terms at any time and without prior notice. You will be sent a copy of the amended or replacement Terms at your registered email address and then asked to agree such amended or replacement Terms when logging into the Portal. If You are unwilling to agree to such amended or replacement Terms, You may terminate the agreement between You and Us in accordance with clause 9.2 above.
Neither party shall be in breach of these Terms nor liable for delay in performing, or failure to perform, any of its obligations under these Terms if such delay or failure result from events, circumstances or causes beyond its reasonable control.
No failure or delay by a party to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms.
These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Terms or their subject matter or formation shall be governed by and construed in accordance with the law of the Republic of India.
The courts of the Republic of India shall have non-exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or their subject matter or formation.