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Our Term & Conditions

TERMS OF USE, REFERRAL BONUS AND PRIVACY POLICY FOR UPREAK.COM

Thank you for using Upreak.com, a recruitment company that helps job seekers find suitable employment and employers find qualified candidates. By using our Website (Services), you agree to the following terms and conditions.

TERMS OF USE

Upreak.com is provided solely for your personal and non-commercial use. You agree to use the website only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of the website by any third party. This page states the "Terms of Use" under which you (“You”) may use www.Upreak.com ("Website" or “Upreak website”) an on-line service to post and search employment opportunities and user resumes. These Terms of Use include the Upreak.com Privacy Statement which is incorporated into these Terms of Use by reference. By using Upreak.com, You are indicating your acceptance to be bound by these Terms of Use, including Website Privacy Statement. Please read this page carefully. If ‘You’ do not accept the Terms of Use stated herein, do not use the Website and its services. By using Upreak.com, ("Upreak" or “the Company") may revise these Terms of Use at any time by updating this posting. You should visit this page periodically to review the Terms of Use, because they are binding on’ You’. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this Website for any reason. Users who violate these Terms may have their access and use of theUpreak.com Website suspended or terminated, at Company’s discretion.

1.Eligibility

You must be 18 years of age or older to visit or use Upreak.com in any manner. By visiting Upreak.com or accepting these Terms of Use, You represent and warrant to the Company that You are 18 years of age or older, and that You have the right, authority and capacity to use the Website and agree to and abide by these Terms of Use. You also represent and warrant to the Company that You will use Upreak.com in a manner consistent with any and all the applicable laws and regulations.

2.Intellectual Property

All content and materials on the website, including without limitation, text, graphics, logos, images, and software, are the property of Upreak.com or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any content or materials on the website without our prior written consent.

3.No Resale or Unauthorized Commercial Use

You agree not to resell or assign Your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of any Upreak website.

4. Collection and Use of Personal Information

Upreak.com collects personal, educational, professional, and bank details to help match job seekers with employers and to facilitate the recruitment process. We may also use this information for our own internal business purposes. By using our website, you consent to the collection and use of this information in accordance with our privacy policy.

a) Private Resume Database Hosting Service: Some of our customers use Upreak’s private resume database hosting services to store resumes and to run certain applications. If your resume is stored in a customer’s private resume database, then that customer's privacy policies and practices apply to your data. The Company is not responsible for our customers' privacy policies or practices. For more information, please refer to Upreak's Privacy policy for private resume database hosting.
b) Express Consent and Acknowledgement: You acknowledge, consent, and agree that when submitting your resume for storage in our resume database, your resume is automatically searchable by employers, recruiters, hiring managers, headhunters, and human resource professionals (the "Employers") who pay for access to our resume database. The Company is not responsible for the use made of resumes by Employers who accessed your resume whilst it resides in our database. You acknowledge that when your resume is displayed in our database, personal information present within your resume (such as your email address), can be collected and used by parties other than the Employers. This may result in unsolicited messages from third parties for which the Company is not responsible. The Company will attempt to limit access to our resume database to the Employers but cannot guarantee that other parties will not gain access to this database. You may remove your resume from the Web Site at any time, but the Employers who have gained access to our database may have retained a copy of your resume in their own files or databases. The Company is not responsible for the retention, use or privacy of resumes or profiles in these instances.

You acknowledge, consent and agree that job search agents will be automatically created when you register on the Web Site. Job search agents will automatically email you job opportunities based on pre-selected search criteria. Your job search agent will search daily for new open positions that match your criteria. You can choose to have those search results emailed to you on a daily, weekly, or monthly basis. In addition, you may change the search criteria of your job agent at any time. In relation to the aforementioned, you agree that the Company may use your personal information to contact you and deliver information relating to the job search agent's search results to you or provide administrative notices or communications applicable to your use of the Web Site.
You acknowledge, consent and agree that the Company can disclose your resume and contact details ("Personal Information") to prospective Employers who purchased the Company's job posting packs in order to seek qualified candidates. The Company uses data about you (such as the interests and preferences you have expressed) to determine whether you might be interested in the opportunities made available through such job postings.
In the event that you are an Employer posting job opportunities on the Web Site, you acknowledge and agree that you will use the candidates' Personal Information disclosed to you by the Company pursuant to your purchase of the Company's job posting packs for recruitment purposes only and will not disseminate such Personal Information to any third party or use such Personal Information for any other purposes.

5. Links to Other Sites

The Upreak website contain links to third party Websites. These links are provided solely as a convenience to You and not as an endorsement by the Company of the contents on such third-party Websites. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Websites. If You decide to access linked third-party Websites, You do so at Your own risk.

6. Additional Terms of Use

Certain areas of Upreak.com and the other Upreak website are subject to additional terms of use. By using such areas, or any part thereof, You agree to be bound by the additional terms of use applicable to such areas.

7. Terms for Interested Parties

The interested parties have the capability to connect with each other through Upreak website with this Service. the Company acts only as a medium / facilitator for connecting them through its website. The interested parties may limit their visibility/access at their discretion, and can also control the flow of their respective information.
The Interested Parties can use this facility of the Company only for the purpose of startup related information; opportunities and dissemination of information thereof through Upreak website and shall not use it for promotion of any sales, marketing, collecting / gathering of details of the users for the purpose or other activity, which is not permitted under these terms and Terms of use & Privacy of the Upreak website.
The Company does not have any involvement in their dealings amongst them and also has no any role in their screening process for selection by either of these parties to the other. By providing this facility the Company neither warrants any of the interested Parties, the authenticity, genuineness nor veracity of their standing or any claims. The Company does not provide any advice to follow or unfollow by any of the Interested Party to the other and shall in no way responsible and liable for any inaccuracy, errors, mistakes, misrepresentation thereof in any manner whatsoever.
As user of this facility, any of the Interested Parties understand and acknowledge that if they disassociate with Upreak Website or if their association is terminated by the Company for any act, omission or unauthorized or illegal activity, all the information provided in this facility, will be marked as deleted in and may be deleted from Upreak's databases and will be removed from any public area of the Upreak website. The information may continue to be available for some period of time because of delays in propagating such deletion through Upreak’s web servers. However, a copy of the information may be saved in archive folders for evidentiary, legal and regulatory purpose.
Interested Parties can create their respective profiles on Upreak website, which shall be registered on Upreak website by the Company on acceptance of such terms and conditions as the Company may deem appropriate at its sole discretion. They can use their profile to manage their profile, do relevant acts, and perform other activities related .to start up. They can have a direct connection between them to know about their activities.
Jobseekers willing to work in startups can register on Upreak website, search & find the desired entity (Ies) such as Startups, Budding Entrepreneurs, Mentors & Angel Investors and can engage with the Interested parties by following their profiles, participating in online discussions and request to connect. Interested Parties can also post their job requirements under this facility. Jobseekers can apply to the jobs posted by these Interested Parties and can also recommend the said posted jobs to their connections through Upreak website & through their social network and can also opt for information resources like Articles, Events, Newsletters, and relevant information.
Such Interested Parties shall be solely responsible for managing their profile. They are responsible for submission of true & correct information and ensure that the data and other information submitted is correct, true and not misleading and shall not upload, display of data, and other material in Upreak website which is in violation of any applicable law or regulation; will infringe the copyright, trademark, trade secret or other intellectual property or proprietary rights of others or violate the privacy, publicity or other personal rights of others; belongs to another person/entity and to which you do not have any right to; deceives or misleads the addressee about the origin of such message or communicates any information which is grossly offensive or menacing in nature; impersonate another person or entity; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of Company’s computer systems or sites or Upreak website’s users, customer’s computer systems or site; is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, invasive of another’s privacy, threatening, abusive or hateful or racially, ethnically objectionable, disparaging, seeking money from jobseekers, relating encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever. Company reserves the right to delete or remove of any such Interested Parties without notice if it comes to Company's knowledge or if it is otherwise notified to the that it infringes and/or violates any third party’s Trade Mark, Copy right and / or any other intellectual property right and on conduct of any prohibited actions and agree to defend, indemnify, and hold harmless the Company, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any content or other material provided to Upreak website, (ii) Use of any Upreak website content, or (iii) breach of these terms. The Company may also terminate access to its Website permanently.
On non-conformance of any of the aforesaid terms the Company reserves the right to delete or remove offending Interested Parties account without notice if it comes to the Company's knowledge or if it is otherwise notified to the Company that it infringes and/or violates any third party’s Trade Mark, Copy right and / or any other intellectual property right and the Company may also terminate access to its Upreak Website(s) permanently. The Company has no liability or responsibility for performance or non-performance of such activities. Additionally, the Company has the right to initiate appropriate proceedings against the offending Interested Parties as per law. The Company may, at its sole discretion do away with these services at any time, without giving any reason thereof, without notice.

8. Disclaimer of Warranties

a) Upreak.com is provided "as is" and without warranties of any kind, either express or implied, including without limitation, warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the website will be uninterrupted or error-free, or that defects will be corrected. We make no representations or warranties about the accuracy, reliability, completeness, or timeliness of the website or the content and materials on the website.

9. Limitation of Liability

We will not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the use of or inability to use the website or the content and materials on the website, including without limitation, damages for loss of profits, use, data, or other intangible losses, even if we have been advised of the possibility of such damages. In no event shall our total liability to you for all damages, losses, and causes of action, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you, if any, for accessing the website.

10. Term and Termination

These Terms of Use will remain in full force and effect while You are a User of Upreak.com at any level. The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your User Content from Upreak.com and the other Upreak website and immediate termination of your registration with or ability to access Upreak.com and the other Upreak website and/or any other services provided to You by the Company, upon any breach by You of these Terms of Use or if the Company is unable to verify or authenticate any information You submit to Upreak.com or other Upreak website registration. Even after You are no longer a User of Upreak.com, certain provisions of these Terms of Use will remain in effect, including "Additional Terms of Use"


TERMS AND CONDITIONS FOR REFERRAL BONUS

These terms and conditions govern the referral bonus program offered by our recruitment company. By participating in the referral program, you agree to be bound by these terms and conditions.

a) Referral Bonus Amount: We offer a referral bonus of up to 10% of the candidate's CTC (Minimum 5% and Maximum 10%) to the referee for referring a candidate who is ultimately hired by our client. The referral bonus amount may vary and will be decided by us.
b) Eligibility: In order to be eligible for the referral bonus, the candidate referred by the referee must join the organization through us and serve the warranty period. The referral bonus will only be paid after we receive payment from the employer/client.
c) Payment: The referral bonus will be paid to the bank account or UPI details provided by the referee while filling the referral section. The payment will be processed within 30 days after we receive payment from the employer/client.
d) Rights to Hold Bonus: We reserve the right to hold the referral bonus if the above conditions are not fulfilled or if we suspect any fraudulent or manipulative activities. We also reserve the right to modify or terminate the referral bonus program at any time without prior notice.
e) Taxes: The referee is solely responsible for paying any taxes or other charges that may be imposed on the referral bonus. We will not be responsible for any taxes or charges related to the referral bonus.
f) Non-Transferability: The referral bonus is non-transferable and cannot be exchanged for cash or any other benefit.
g) Disclaimer of Warranties: We do not provide any warranty or guarantee regarding the availability, accuracy, or reliability of the referral bonus program.
h) Limitation of Liability: We will not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the referral bonus program, even if we have been advised of the possibility of such damages.
I) Governing Law and Jurisdiction: These terms and conditions shall be governed by and construed in accordance with the laws of the jurisdiction in which we are located, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in the state or federal courts located in that jurisdiction and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.


Terms and Conditions for Mock Interview Service

1. Service Description:

The service offered is a mock interview with feedback report. The mock interview will be conducted through an online video call.

2. Price and Payment:

The price of the service is Rs 500. Payment can be made through PayPal or credit card.

3. Refund Policy:

If you choose not to avail the service, you are eligible for a full refund. Refunds will be issued within T+2 working days of the refund request.

4. Cancellation Policy:

You can cancel the service up to 24 hours before the scheduled interview time without any penalty. However, if you cancel within 24 hours of the scheduled interview time, a cancellation fee of Rs 25 will be charged.

5. Technical Requirements:

To access the service, you must have a computer with a webcam and microphone. Additionally, a stable internet connection is required for a smooth online video call.

6. Age Requirement:

The mock interview service is available only to individuals who are 18 years of age or older. By purchasing the service, you confirm that you meet this age requirement.

7. Limitation of Liability:

The service provider will not be liable for any damages, including but not limited to direct, indirect, incidental, consequential, or special damages, arising out of or in connection with the use of the service.

8. Governing Law:

This agreement will be governed by and construed in accordance with the laws of the State of California.

Additional Considerations:

1. Cancellation and Refund Policy Variation: The specific cancellation and refund policy may vary based on individual circumstances. Please review the cancellation and refund policy carefully before making your purchase.

2. Changes to Terms and Conditions: The service provider reserves the right to modify or update these terms and conditions at any time. Any changes will be effective immediately upon posting on the website. It is your responsibility to review the terms and conditions periodically for updates.

By purchasing the mock interview service, you agree to be bound by these terms and conditions. If you do not agree with any part of these terms, you should refrain from using the service.