The services that are made available on www.folkflow.com/ (“Website”) by [Folk Flow] (“we”, “us” or “Folk Flow”) and is provided to you (“User”) is subject to the following terms of use (“Terms of Use”).
This Terms of Use, which incorporates by reference other provisions applicable to use of the Website, including, but not limited to, supplemental terms and conditions set forth hereof governing the use of certain specific features of the Website, sets forth the terms and conditions that apply to use of Website by User. This Terms of Use is a legal agreement between the User and Folk Flow (“Agreement”) and governs the User’s use of the Website and the Services. By using the Website (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use Website is personal to User and is not transferable to any other person or entity.
Folk Flow shall have the right at any time to change or discontinue any aspect or feature of the Website, including, but not limited to, content, hours of availability, and equipment needed for access or use. Folk Flow reserves the right to change, amend, update or modify the terms and conditions (including this Terms of Use) applicable to Users or to impose new conditions, including, but not limited to, adding fees and charges for use, at any time without any prior notice to the User. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Website, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of the Website or the Services by the User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions. It is clarified that these Terms of Use shall also be applicable to such Users who do not avail the Services but use the demo / trial Services or visit the Website.
1. DEFINITIONS
1.1. “Candidate(s)” means such individual seeking employment and the process of hiring such individual is initiated through the Website and/or any part thereof;
1.2. “Candidate Information” means any information/data submitted (a) by the Candidate on the Website; (b) by the Candidate to the User through the Website; (c) by the User in connection with the hiring process for the Candidate; and/or (d) by the Candidate and/or the User, directly or indirectly, in connection with hiring of the Candidate;
1.3. “Folk Flow Data” means the aggregated and analyzed data made available to the User on the Website, and such data derived as an output from the Website, specifically for the User;
1.4. “Intellectual Property Rights” means all intellectual property rights wherever in the world, whether registered or unregistered, including any application or right of application for such rights. It also include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trademarks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models and rights in designs.
1.5. “Personal Data” means any information relating to an identified or identifiable natural person (“data subject”); an “identifiable natural person” being one who can be identified, directly or indirectly by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. Personal Data includes PII
1.6. “Personally Identifiable Information” or “PII” means any (i) personally identifiable information related to a data subject; (ii) social security number with the associated name; (iii) mother’s maiden name with the associated name; (iv) driver’s license or other government issued identification card numbers with the associated name; (v) telephone numbers identified as unlisted or unpublished; (vi) credit, debit card or financial account numbers with the associated name and any required PIN or access code; (vii) personally identifiable health information; (viii) personally identifiable payroll/financial information including employee identification numbers; or (ix) any non-public personal information, as that term is known under the applicable laws, including privacy and data protection laws and/or regulations;
1.7. “Service(s)” shall mean a software-as-a-service and related services provided by Folk Flow as described on the Website which allows the User to browse, screen, track and collaboratively manage its hiring process;
1.8. “User Data” means the data, information, material provided by the User; and
1.9. “Subscription Fee” shall mean any fee charged by Folk Flow and payable by the User to avail the Services.
2. DESCRIPTION OF SERVICES
2.1. The Services shall typically include the following:
(a) ability to provide, and create, descriptions of a position that the User is seeking to fill in its organization (“Open Position(s)”);
(b) the facility to upload User Data in respect of information in relation to the User’s organisation or any Open Position;
(c) the ability to publish and export Open Positions to various third-party portals and social media services where such Open Positions can be displayed to potential Candidate;
(d) the ability to view the information submitted by a Candidate through the Services which may include a summary of the Candidate’s academic background, work experience, technical or product skills and employment history, test conducted by User and responses provided by the Candidate;
(e) ability to digitally record and store the data in respect of the recruitment process in relation to the Open Position including review of the interview conducted by the User, feedback of each teams / representative of the User in each step of the recruitment process, etc; and
(f) such other feature and/or functionality, as may be provide in the Website.
2.2. Folk Flow shall have no obligation to notify the User in the event of an unplanned service downtime. In the event of a planned service downtime in respect of the Services or the Website, Folk Flow shall use its reasonable endeavours to notify the User in advance.
2.3. In consideration of the Subscription Fee paid by the User, Folk Flow shall grant limited rights to the User to use the Services, and any new features that augment or enhance the current Service, including new releases, shall be subject to these or other applicable Terms of Use. The User understands and acknowledges that Folk Flow may modify, terminate, suspend, or otherwise adjust any and all functions, features, options, utilities, tools or other aspects of the Service at any time without prior notice to the User.
2.4. The User acknowledges and agrees that:
(a) Folk Flow’s obligations shall be limited only to the provision of the Services and do not in any way include acting on the User’s behalf;
(b) the Services shall be provided on a non-exclusive basis;
(c) the Services provided are not, and shall not be, defect free and Folk Flow does not take responsibility for any loss to the User in use of the Services;
(d) no warranty or representation is made by Folk Flow as to the ability of the facilities or services of any third-party suppliers; and
(e) Folk Flow is not liable for any failure in, fault with or degradation of the Services if that failure, fault or degradation is attributable to or caused by any failure of the User or the facilities or services of any third party.
3. MEMBER ACCOUNT, PASSWORD, AND SECURITY
3.1. To avail the Services, the User would need to have an account, and the User must complete the registration process by providing current, complete and accurate information as prompted by the applicable registration form on the Website. For completion of the registration by the User on the Website, amongst other details, the User will primarily have to choose a password and a user name (and provide other necessary details of the User to the Website to facilitate the same). Folk Flow shall send the User a confirmation email once Folk Flow has accepted and confirmed User’s registration.
3.2. User is entirely responsible for maintaining the confidentiality of User’s login credentials. Furthermore, the User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify Folk Flow immediately of any unauthorized use of User’s account or any other breach of security. Folk Flow will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by Folk Flow or another party due to someone else using User’s account or password. User may not use anyone else’s account at any time, without the permission of the account holder.
3.3. Folk Flow reserves the right to conduct verification and security procedures in respect of all information provided by the User to Folk Flow. If we have a reason to believe that the information provided by User as part of registration and for use any of the Services breaches or is likely to breach any of the provision in these Terms of Use, Folk Flow at its sole discretion may take any action that it deems appropriate including without limitation, to terminate the User’s Agreement.
3.4. At any time upon notice to the User, Folk Flow may require the User to execute any further / additional documents to confirm the User’s acceptance of, or give full effect to, these Terms of Use.
4. FREE ACCESS
4.1. Once a User has opted to avail the Services and made payment towards the Subscription Fee, as applicable, the User can any time cancel the subscription availed for the Services, however, no refunds of the Subscription Fee or any part thereof will be provided to User on account of any cancellations of the Services. Please note that any request for cancellations cannot be made on the Website by the User, and in order to cancel the Services a User is required to reach out to Folk Flow directly, and such request is to be dealt between the User and Folk Flow. If any fraudulent transaction is suspected or any transaction which defies the Terms of Use, Folk Flow at its sole discretion could cancel such orders. Further, as the transaction performed by the User on the Website occurs upon User’s consent, no refunds request can be made to Folk Flow.
4.2. User acknowledges and agrees that access to the Website and the Services is being granted to the User at no cost and on a ‘free’ basis (“Free Access”) until such period as may be determined at sole discretion of Folk Flow.
4.3. The User further acknowledges and agrees that during the period of Free Access the following specific terms shall apply in addition to all other Terms of Use:
(a) such Free Access is solely at the discretion of Folk Flow;
(b) the functionality of the Services during a Free Access may be limited or restricted; and
(c) Folk Flow may withdraw or suspend the User’s access to the Website and/or the Services at any time during the Free Access, and charge a Subscription Fee from the User for having a continued access to the Website and/or Services, subject to payment of Subscription Fee or charges, as may be levied by Folk Flow. If is clarified that User shall have the right to choose to pay Subscription Fee (as and when, if levied) or discontinue to access the Website and/or avail the Services.
4.4. Payment process: The detailed structure of the Subscription Fee for the Services shall be provided on the Website which (at sole discretion of Folk Flow) can be modified and amended from time to time. As and when Folk Flow starts charging Subscription Fee from the User, the payments shall be due in advance and should be made prior to accessing the Services. You acknowledge and agree that Folk Flow shall be using a payment gateway services of a third party service provider and you hereby authorize Folk Flow and such third party service provider, as applicable, to collect the Subscription Fees basis the method of payment selected by you on the Website. You further acknowledge and agree that Folk Flow shall not be collecting any financial information or data of User directly, and User will provide such data to third party providing the payment gateway services for processing the payment towards Subscription Fee. Folk Flow shall not be a party to any dispute between you and the third party providing the payment gateway services in connection with the Subscription Fees.
5. LICENSE
5.1. Subject to the limitations as set out under this Agreement, Folk Flow hereby grants to the User a non-exclusive license to use the Website for availing Services.
5.2. The license granted by Folk Flow to the User under Clause 5.1 above is subject to the following limitations:
(a) the Website may only be used and Services may only be availed by the licensed User who completes the registration process on the Website in accordance with Clause 3 above;
(b) the Website and Services may only be used by the employees of the User and/or the authorised representative of the User; and
(c) the User must comply at all times with the terms as set out under this Agreement and under any other policy (including Privacy Policy) as may be provided on the Website.
5.3. Except to the extent mandated by applicable law or expressly permitted under the Terms of Use, the license granted by Folk Flow to the User under this Clause is subject to the following prohibitions:
(a) the User cannot sub-license its right to Free Access and use the Services or allow any unauthorized person to access or use the Services;
(b) the User must not frame or otherwise re-publish or re-distribute the Website and/or Services;
(c) the User must not alter or adapt or edit the Website and/or Service save as expressly permitted by Folk Flow;
(d) the User shall not, and has no right, to access the object code or source code of the Website, either during the Free Access or after expiry or termination of Free Access;
(e) all Intellectual Property Rights in the Website and Services shall be the exclusive property of Folk Flow; and
(f) the User must not use the Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website and/or Services, or any of the areas of, or services on, the Website.
6. USER RESPONSIBILITIES AND OBLIGATIONS
6.1. The User will provide all the required data and materials as required by Folk Flow from time to time for Folk Flow to perform the Services.
6.2. The User shall have the sole responsibility as regards the use of the Services provided under this Agreement and the User shall ensure the Services are not used in violation of the restrictions and limitations set out under Clause 9 below.
6.3. The User acknowledges and agrees that:
(a) it shall make all the reasonable efforts on its/his/her part to ensure that the integrity of the User Data is maintained;
(b) it shall permit Folk Flow and its personnel/ vendors/ affiliates/ representatives to have reasonable access and permission to process the data/ information provided by the User in order to make possible, the Services to be provided by Folk Flow under this Agreement;
(c) it shall ensure that the Services provided to you under this agreement are exclusive to you only and not to any unauthorized user;
(d) it shall be the responsibility of the User as regards the usage of Services by any/all of the end users, including its personnel and any authorized users;
(e) the use of the Services will be at its own risk;
(f) it is the responsibility of the User to maintain the security of its account. Folk Flow cannot and will not be liable for any loss or damage from the User’s failure to comply with this security obligation;
(g) Folk Flow may alter or update the User’s account logins and passwords and the logins and passwords of any authorised Users’ at any time throughout the term of this Agreement;
(h) it shall take the sole responsibility of all the content posted and activity that occurs under their account. This includes content posted by others who have logins or accounts associated with the User’s account;
(i) it will provide all the co-operation and reasonable assistance to Folk Flow in connection with any upgrades to the Services including but not limited to reconfigurations or interface customizations;
(j) Folk Flow shall be at liberty to initiate and available equitable or other remedy against the User as a result of a breach by the User or its authorized users, of any provision of this Agreement;
(k) Folk Flow has the right (but not the obligation) to suspend access to any of the Services provided under this Agreement without liability, if Folk Flow reasonably believes that the Services are being used: (i) in violation of the terms of this Agreement or against any applicable statute; and/or (ii) in non-compliance of any order passed by any governing authority or under the orders of the court;
(l) The Website is not a job search engine and the Candidates will not be able to search for the Open Positions or any such job listings on the Website unless otherwise the Open Position is displayed by the User on third party job search engines or portals/platforms;
(m) Folk Flow has not obligation to search Candidates suitable for the User in respect of the Open Positions;
(n) Folk Flow does not make or provide any guarantee that the Candidates selected for the Open Position shall be suitable as per the requirements of User and/or Candidates applying for Open Positions will meet the criteria of the User; and
(o) it shall not upload or publish any payment card information on Website or while using Services; and the information provided by User during payment of the Subscription Fees is provided to the third party service provider providing the payment gateway services to Folk Flow as the Services provided by Folk Flow may not be compliant with the Payment Card Industry Data Security Standards.
6.4. Unless otherwise explicitly stated by Folk Flow, Folk Flow does not vet, verify the accuracy, correctness and completeness of, edit or modify any User Data or Candidate Information or any other information, data and materials created, used and/or published by the User on the Website to determine whether they may result in any liability to any third party. The User hereby warrants that the User has the right to use all such information and material. It is the responsibility of the User to verify the accuracy of any information that is made available by Candidate before making any hiring decisions. The User agrees to evaluate, and bear all risks associated with, the use of any User Data and/or Candidate Information, including any reliance on the accuracy, completeness, or usefulness of such User Data.
6.5. Subject to Clause 6.4 above, Folk Flow may enhance the Website and/or Services by using data related to the Candidate, as provided to Folk Flow and/or on the Website, in due course of the Services. Folk No guarantee is given by Folk Flow that any enhancements will be error free.
6.6. Notwithstanding Clause 6.4 above, Folk Flow reserves the right to refuse to publish any Candidate Information and/or User Data, or to at any time remove or edit a Candidate Information and/or User Data (in whole or in part), if Folk Flow has reason to believe that the User’s use of the Services and/or the Website breaches these Terms of Use.
7. COMMUNICATIONS WITH CANDIDATES
7.1. The User shall ensure that any Open Positions published through the Website shall contain sufficient information to allow a Candidate to make an informed decision as to applying for the role or position in question.
7.2. The User represents and warrants that the information provided pursuant to Clause 7.1 above and in respect of the User Date shall be correct, complete, accurate and up to date. In the event the information in connection with Open Positions or User Data is incorrect, incomplete, inaccurate or out of date, then the User must immediately take all necessary steps to rectify such information.
7.3. The Website may provide an ability for the User to contact Candidates that have not already applied for an Open Position and to this effect, if User wishes to contact such Candidates, it shall only do so in respect of an existing and valid Open Positions on the Website and not as a general solicitation.
7.4. The User shall at all times use the Services and the Website in accordance with the applicable law and legislation and in particular, all applicable data protection, employment and anti-discrimination legislation.
7.5. The User is solely responsible for the use of the Services and its internal management of the recruitment process including for each Candidate search that the User may undertake and any Open Positions advertised by the User through / using the Website. The User shall be responsible for confirming: (a) each Candidate’s qualifications, skills, training and experience; (b) that the Candidate has the right to work in the relevant jurisdiction; and (c) procuring from the Candidate(s) all information reasonably required by the User to determine the Candidate’s suitability to the Open Position.
7.6. The Services shall be personal to the User’s organisation and the User has no right whatsoever to resell the Services to any third party for any reason without the express written approval of Folk Flow.
7.7. The User acknowledges and agrees that it is the User’s responsibility to ensure it enters into any necessary contractual arrangements with Candidates (whether for temporary, casual, contract or permanent employment). The terms of employment and any contractual arrangements shall be negotiated and agreed directly between the User and the selected / relevant Candidate. In the event there is a dispute between the User and any Candidate (whether it relates to the interview or selection process, the contractual arrangements between the parties or otherwise) (collectively, “User-Candidate Dispute”), the User agrees that Folk Flow is not liable for any loss or damage suffered by the User resulting from any such User-Candidate Dispute and the User hereby releases and holds harmless Folk Flow from any such loss or damage or any liability in relation to any User-Candidate Dispute.
7.8. The User acknowledges that Folk Flow does not have any control of and therefore cannot reasonably accept any liability in respect of the behaviour, response or actions of the Candidates. Folk Flow does not warrant, represent or guarantee that the User will be able to fill the Open Positions using the Services.
7.9. The User shall at all times keep all information including without limitation, the Candidates Information, communication and correspondences between the User, Folk Flow and the Candidates, and all information relating to the Candidates and the recruitment process secure and confidential. Folk Flow shall not be liable for the manner in which the information in relation to the recruitment process is recorded or stored in the Website through the Services.
7.10. The User hereby indemnifies Folk Flow against all losses, liabilities, costs and expenses (including but not limited to legal costs) suffered or incurred by Folk Flow which arise directly or indirectly from any User-Candidate Dispute, or any breach by the User of this Clause 7.
8. EQUIPMENT
User shall be responsible for obtaining and maintaining all the User Data, Candidate Information, telephone, computer hardware, software and other equipment needed for access to, and use, the Services.
9. USAGE AND RESTRICTIONS
9.1. All rights not expressly granted herein are reserved by Folk Flow and its licensors. The User may not create any white-labelled version of the Website / the Services for the specific use of the User or its customer with User’s branding and collaterals upon mutual consent.
9.2. The User acknowledges and agrees that Folk Flow Data may also contain data which is provided by third parties, the accuracy and/or completeness of which would not be possible and/or economically viable for Folk Flow to guarantee. The Services involve models and techniques based on aggregate statistical analysis, probability and predictive behaviour. Folk Flow is therefore not able to accept any liability for any inaccuracy, incompleteness or other error in the Services and any failure of Folk Flow Data to achieve any particular result (whether intended or not) for the User.
9.3. Folk Flow will use commercially reasonable security technologies in providing the Services and the User shall comply with the applicable Folk Flow security policies, as may be made known to the User. However, Folk Flow does not control the transfer of data, including but not limited to the User Data, over telecommunications facilities used by the User, including the internet, and the User acknowledges and agrees that Folk Flow shall have no responsibility for any computer viruses, worms, software bombs, bugs or similar items that affect the User’s computers, computer systems, software, infrastructure or data as a result of the User’s access to or use of the Services.
9.4. The User shall not: (a) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party access to the Website and/or Services in any way; (b) copy, translate, decompile, reverse-engineer or otherwise modify any parts of the Website (including Folk Flow Data), modify or make derivative works based upon the Service offered; (c) transmit any content, data or information that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy or right of publicity, hateful, or racially, ethnically or otherwise objectionable; (d) create internet “links” to the Website, “frame” or “mirror” the Website on any other server or wireless or internet-based device; (e) interfere with or disrupt or damage Folk Flow systems used to host Folk Flow Data and/or provide the Services, other equipment or networks connected to Folk Flow Data, or disobey any requirements, procedures, policies or regulations of networks accessed; (f) access the Website in order to (i) build a competitive product or service, (ii) build a product using similar ideas, features, functions or graphics of the Website, or (iii) copy any codes, ideas, features, functions or graphics of the Website; (g) except for access provided to the User as permitted in these Terms of Use, allow any third party to use any user identification(s), code(s), password(s), procedure(s) and user keys issued to, or selected by the User to access the Website and/or the Services.
9.5. The User is not relieved of any of its liabilities or obligations under these Terms of Use due to the fact that the User engages the services of a third party and in so far as the acts, omissions, defaults and neglects of the User or any employee or agent of the User results in a breach of the User’s obligations under these Terms of Use, then such acts, omissions, defaults and neglects will be treated as if they were the acts, defaults or neglects of the User.
9.6. By way of example, and not as a limitation, User agrees that when using the Services including the submission of any information, data, images, videos, audio, files, links to external websites, communication between User and with Candidates, the User will not:
(a) use the Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
(b) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
(c) publish, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
(d) upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless the User owns or controls the rights thereto or has received all necessary consent to do the same;
(e) use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
(f) upload files that contain viruses, trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
(g) violate any code of conduct or other guidelines which may be applicable for the Service or any part thereof;
(h) violate any applicable laws or regulations;
(i) create a false identity or Open Positions for the purpose of misleading others; and
(j) use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
9.7. User shall always use caution when giving out any Personally Identifiable Information on the Website or User Data. The User agrees and acknowledges that Folk Flow and/or Website, as applicable, does not control or endorse the content, messages or information found in any User Data or in connection with any Personally Identifiable Information and, therefore, Folk Flow and/or the Website specifically disclaims any liability with regard to the Services and any actions resulting from User’s use of the Services.
9.8. The User acknowledges that Folk Flow may or may not pre-screen User Data and/or Candidate Information, but that Folk Flow shall have the right (but not the obligation) to remove the User Data and/or Candidate Information from the Service that Folk Flow determines, in its discretion, may create liability or damages to Folk Flow. The User acknowledges that Folk Flow does not collect or store any financial data of the User and/or Candidates, and considering that the applicable security standard (across the world) in relation to storing or accessing the payments data of the User is different and complex, Folk Flow shall only on best effort basis (and not as an obligation) try to comply with the applicable security standard (across the world) in case Folk Flow as part of the Services collects or stores any financial data of the User. However, Folk Flow will not take any responsibility for any such financial data voluntarily provided by the User and/or Candidate while using the Services. In this regard, the User acknowledges that the Services are made available to the User without any warranties by Folk Flow of any kind, and that the User has an option to not rely on any content made available through the Services.
10. USER CONDUCT
10.1. The Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Website are copyrighted as a collective work under the Indian copyright laws. Folk Flow owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. The User may not modify, publish, transmit, participate in the transfer or sale or in any way exploit, any of the contents of the Website, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material (except for the User Data) will be permitted without the express permission of Folk Flow. The User acknowledges that it shall not acquire any ownership rights by downloading or accessing copyrighted material of Folk Flow from the Website.
10.2. User shall not upload, post or otherwise make available on the Website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with the User. The User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By uploading the material on the Website, the User automatically grants, or warrants that the owner of such material has expressly granted Folk Flow, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material.
11. REPRESENTATION AND WARRANTIES
By registering on or using the Website or the Services, the User represents and warrants that:
(a) User has all the required licenses under the applicable laws to avail the Services;
(b) There are no legal or regulatory impediments which prevent the User from availing the Services;
(c) It is User’s responsibility to manage the usage or access of User’s account by any such third party (including assistants, juniors, associates, etc.) and User shall be responsible for any damage caused by such third party through usage of User account; and
(d) All such documents and their particulars submitted to Folk Flow and/or the Website by User for the registration are true and have not been obtained through any unfair, fraudulent, unethical, suspect or illegal means.
12. DISCLAIMER SPECIFIC TO THE WEBSITE / SERVICES
12.1. Software, if any, that is made available to download from the Website (“Software”) is the copyrighted work of Folk Flow and/or its licensors. The use of the Software is governed by the terms of the end user license agreement, if any, and such other policies which accompanies or is included with the Software (“License Agreement”). An end user will be unable to install the Software or any part thereof that is accompanied by or includes a License Agreement, unless he or she first agrees to the terms of the License Agreement.
12.2. The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
12.3. Without limiting the foregoing, copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited, unless such reproduction or redistribution is expressly permitted by the License Agreement accompanying such Software. The Software is warranted, if at all, only according to the terms of the License Agreement. Except as warranted in the License Agreement, Folk Flow and/or the Website, as applicable hereby disclaims all warranties and conditions with regard to the Software, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement.
12.4. For User’s convenience, the Website may make available as part of the Services or in its software products, tools and utilities for use and/or download. The Website does not make any assurances with regard to the accuracy of the results or output that derives from such use of any such tools and utilities.
13. NOTICE SPECIFIC TO CONTENT AVAILABLE ON THE WEBSITE
13.1. Permission to use any content and/or documents, as may be provided, from the Services is granted, provided that (i) the copyright notice (as may be provided by the Website) appears in all copies and that both the copyright notice and this permission notice appear, (ii) use of such content and/or documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (iii) no modifications of any content and/or documents should be made.
13.2. The content and/or documents and related graphics published on the Website as part of the Services could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein.
14. NOTICES REGARDING CONTENT, DOCUMENTS AND SERVICES AVAILABLE ON WEBSITE
In no event will Folk Flow and/or the Website and/or its respective suppliers/third-party service providers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of content, documents. software (if any), documents, provision of or failure to provide services, or information available from the Services.
15. CONFIDENTIALITY
15.1. The User further acknowledges that the User Data is confidential information of the User and the User is willingly using the User Data on the Website and Folk Flow will not be responsible for any disclosure or misuse of the User Data that is disclosed by the User, at its sole discretion.
15.2. Folk Flow will protect, on best effort basis, the User’s confidential information against unauthorised disclosure by using the same degree of care as it takes to preserve and safeguard its own confidential information of a similar nature, being at least a reasonable degree of care.
15.3. The User’s confidential information may be disclosed only on ‘need to know‘ basis by Folk Flow to its officers, employees, agents, insurers and professional advisers, vendors, affiliates, provided that the recipient is bound to maintain the confidentiality of the User’s confidential information so disclosed by it.
15.4. The provisions as enumerated under this Clause shall supersede any non-disclosure agreement entered into between User and Folk Flow, which may be entered prior to these Terms of Use or in addition to these Terms of Use that would purport to address the confidentiality of User Data and such agreement shall have no further force or effect with respect to User’s confidential information.
15.5. Exceptions. Notwithstanding anything contained under this agreement, and without granting any right or license, the obligations of the parties hereunder will not apply to any material or information that is provided by disclosing party to receiving party, which:
(a) was publicly known and made generally available in the public domain prior to the time of disclosure by the disclosing party;
(b) is already in the possession of the receiving party at the time of disclosure by the disclosing party as shown by the receiving party’s files and records prior to the time of disclosure;
(c) is obtained by the receiving party from a third party without a breach of such third party’s obligations of confidentiality;
(d) is independently developed by the receiving party without use of or reference to the disclosing party’s confidential information, as shown by documents and other competent evidence in the receiving party’s possession; or
(e) is required by law or under the directions of any court/ authority to be disclosed by the receiving party, provided that the receiving party shall, to the extent legally permitted, give the disclosing party written notice of such requirement prior to disclosing so that the disclosing party may seek a protective order or other appropriate relief.
15.6. This clause will survive post the termination or expiry of this Agreement.
16. INTELLECTUAL PROPERTY RIGHTS
16.1. By agreeing to these Terms of Use, the User irrevocably acknowledges that the User has no ownership interest in the Website and/or Folk Flow Data and/or the Services. Subject to any limitations associated with Intellectual Property Rights of third parties, Folk Flow and its licensors, where applicable, shall retain sole and exclusive ownership in any and all patent rights, copyrights, trademark rights and other Intellectual Property Rights in the Website and/or Folk Flow Data and/or the Services, as well as any enhancements, changes, revisions, modifications, design contributions or derivative works conceived, made or created to the same, including the know-how, techniques, or procedures acquired or used by Folk Flow. Except for the rights granted herein to the User, nothing herein shall be construed to assign or transfer any Intellectual Property Rights to the User. All suggestions, solutions, improvements, corrections, and other contributions (“Feedback”) provided by the User regarding the Website, Folk Flow Data, or the Services, while using the Services, shall be owned by Folk Flow, and the User hereby agrees to assign all rights in such Feedback to Folk Flow. Upon written request from Folk Flow, and unless otherwise requested or required by law, the User agrees to expunge or destroy all Folk Flow Data from its servers, computers, or networks within 15 (fifteen) days of Folk Flow’s written notice.
16.2. The User undertakes and covenants that it owns and has all right, title and interest (including without limitation all Intellectual Property Rights) in and to the User Data. In case the User shares/uploads any User Data on the Website or requires Folk Flow to use any User Data or Candidate Information in combination with Folk Flow Data or in any other manner required for provision of the Services, the User grants to Folk Flow the non-exclusive, fully paid-up, royalty-free, worldwide, irrevocable, perpetual license to use and/or publish the User Data and/or Candidate Information on the Website including usage of such User Data along with Folk Flow Data and/or the Services as well as for its internal business purposes and to further modify, compile, store, validate, integrate, normalise, aggregate, sort, manipulate, analyse, combine with other third party data and create derivative works of the User Data and/or Candidate Information.
17. PRIVACY
17.1. The User shall ensure that it will review all User Data prior to using the User Data on the Website or using the Services or any part thereof.
17.2. In case the User’s content contains any Personal Data, or the User otherwise discloses Personal Data to Folk Flow, the User represents and warrants that it will always have explicit consents from the respective data subjects who own such Personal Data (including, as applicable, the end users, Candidates or customers of the User) in respect of the following:
(a) sharing such Personal Data with Folk Flow;
(b) Folk Flow’s processing of such Personal Data for data enrichment activity, which includes, but is not limited to, identifying the behaviour of such data subjects and profiling them based on their physical/digital world behaviour to create an enriched dataset from such Personal Data (“Enriched Data”);
(c) sharing of such Enriched Data by Folk Flow with the User.
Please refer to the terms of the Privacy Policy, which forms part of this Terms of Use, for more details in relation to the privacy of the information disclosed to us by the User.
18. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
18.1. The User expressly acknowledges and agrees that use of the Services is at the User’s (including Candidate’s) sole risk. Neither Folk Flow, its affiliates nor any of their respective employees, agents, third-party content providers or licensors warrant that the Website and/or the Services will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the Website, or as to the accuracy, reliability or content of any information, service, or merchandise provided through the Website. The User further acknowledges and agrees that (a) there will be periods when the Service is unavailable and cannot be accessed and (b) Folk Flow will not be liable for any loss or damage the User may suffer or incur as a result of such unavailability at any time.
18.2. The Services (including, without limitation, any content) is provided “as is” and “as available” basis, and Folk Flow hereby disclaims and expressly waives all other conditions, representations and guarantees, whether express or implied, arising by law, custom, oral or written statements of Website or third parties including, but not limited to, any warranty of merchantability or fitness for particular purpose or of error-free and uninterrupted use of the Services.
18.3. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behaviour, negligence, or under any other cause of action. The User specifically acknowledges that the Website is not liable for the defamatory, offensive or illegal conduct of other users or third-parties or Candidates and that the risk of injury from the foregoing rests entirely with the User.
18.4. In no event will the Website, or any person (including Candidates) or entity involved in creating, producing or distributing the Website or the Services, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the Website or the Services. The User hereby acknowledges that the provisions of this Clause shall apply to all types of the content on the Website.
18.5. In addition to the terms set forth above neither, Folk Flow, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within the Website or Services, or for any delay or interruption in the transmission thereof to the User, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages.
19. LINKS TO THIRD PARTY SITES
The Service may include functionality to provide access to products, services, information, data, content and other materials made available by or on behalf of third parties, including third party software applications made available through the Website (collectively, “Third Party Materials”) or allow for the routing or transmission of Third Party Materials, including via links. By using such functionality, the User acknowledges that it shall be construed as directing Folk Flow to access, route and transmit to the User the applicable Third Party Materials. Any installation or other use of Third Party Materials by the User may result in the transmission of the User’s information, data, content or other materials outside of the User or Folk Flow’s systems, or otherwise result in third party access to, or use of, the User’s information, data, content or other materials. Third Party Materials are not part of the Services provided by Folk Flow under these Terms of Use. Folk Flow does not control, has no obligation to monitor, and will have no responsibility or liability for any Third Party Materials. Folk Flow makes no representation or warranty regarding any Third Party Materials or any information, content, data or other materials made available through any Third Party Materials. Folk Flow may block or disable access to any Third Party Materials (in whole or part) through the Services at any time. In addition, the availability of any Third Party Materials through the Website or any other Services does not imply Folk Flow’s endorsement of, or affiliation with, any provider of such Third Party Materials. The use of Third Party Materials is subject to any additional terms, conditions and policies applicable to such Third Party Materials (such as terms of service or privacy policies of the providers of such Third Party Materials) or applicable to the Website.
20. MONITORING
Folk Flow shall have the right, but not the obligation, to monitor the content of the Website, to determine compliance with this Terms of Use and any operating rules established by Folk Flow and to satisfy any law, regulation or authorized government request. Without limiting the foregoing, Folk Flow shall have the right to remove any material from the Website, in its sole discretion, if it finds such material or the content to be in violation of the provisions hereof or otherwise objectionable.
21. INDEMNIFICATION
The User agrees to indemnify and hold Folk Flow and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (a) content the User and/or Candidate submits, posts, transmits or otherwise makes available through the Service; (b) the User’s and/or Candidates use of the Service; (c) the User’s connection to the Service; (d) the User’s violation of these Terms of Use; or (e) the User’s violation of any third party’s rights.
22. LIMITATION OF LIABILITY
Folk Flow will not be liable for any indirect, special, incidental, exemplary, any attorney fees punitive or consequential damages or for any loss of data, loss of goodwill, loss of profit or revenue, arising out of or in connection with these Terms of Use, however caused, and under whatever cause of action or theory of liability brought including under any contract, negligence or other tort, even if Folk Flow has been advised of the possibility of such damages, notwithstanding the failure of essential purpose of any remedy.
23. OUR REACH RIGHTS
Folk Flow reserves the rights to display sponsored ads on the Website. These ads would be marked as “Sponsored Listings”. Without prejudice to the status of other content, Folk Flow will not be liable for the accuracy of information or the claims made in the Sponsored Listings. Folk Flow does not (in any manner) encourage the User and/or Candidates to visit the Sponsored Listings page or to avail any services from them. Folk Flow will not be liable for the services of the providers of the Sponsored Listings.
24. TERMINATION
The User agrees that Folk Flow may, under any circumstances and without prior notice, immediately terminate the User’s account, and access to the Service(s) and/or any and all content or materials. Cause for such termination shall include, but not be limited to: (a) breaches or violations of these Terms of Use or other incorporated agreements or guidelines, (b) requests by law enforcement or other governmental authorities, (c) a request by the User (self-initiated account deletions), (d) discontinuance or material modification to the Services (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by the User in fraudulent or illegal activities, and/or (h) non-payment of any fees owed by the User in connection with the Services. Folk Flow may also terminate this Agreement, User’s account, access to the Services and/or any and all content or materials for any reason or no reason whatsoever. Termination of the User’s account includes: (a) removal of access to all offerings within the Services, (b) deletion of User’s password and all related information, files and content associated with or inside the User’s account (or any part thereof), and (c) barring of further use of the Services. Further, the User agrees that all terminations shall be made in Folk Flow’s sole discretion and that Folk Flow shall not be liable to the User or Candidates or any third party for any termination of User’s account, any associated email address, or access to the Service or content.
25. MISCELLANEOUS
25.1. Except for payment obligations, as applicable, neither party will be responsible for any failure or delay in its performance under these Terms of Use due to causes beyond its reasonable control, including, but not limited to, epidemics, pandemics, lockdowns by governmental authorities, labor disputes, strikes, lockouts, internet or telecommunications failures, shortages of or inability to obtain labor, energy, or supplies, war, terrorism, riot, acts of God or governmental action, acts by hackers or other malicious third parties and problems with the internet generally, and such performance shall be excused to the extent that it is prevented or delayed by reason of any of the foregoing.
25.2. The parties shall be independent contractors under these Terms of Use, and nothing herein will constitute either party as the employer, employee, agent or representative of the other party, or both parties as joint venturers or partners for any purpose. It is further clarified that Folk Flow is merely a technology in relation to the Services and shall not at any time be considered by the User as a staffing services provider or manpower services provider or recruitment agency or such services provider of like or similar nature as that of the foregoing.
25.3. The User authorizes Folk Flow to use the trade name, trademark and logo of the User for the purpose of listing the User in its general list of Folk Flow’s customers. The User also permits Folk Flow to bring out press releases, create case studies and provide quotes from time to time for Folk Flow’s marketing purposes.
25.4. The User shall not have the right to assign, transfer, resell or sublicense User’s rights or obligations hereunder. Any attempt to assign, transfer, resell or sub-license such rights or obligations without Folk Flow’s prior written approval will be null and void.
25.5. If one or more of the provisions contained in these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions will not be affected. The provisions will be revised only to the extent necessary to make them enforceable.
25.6. No action of Folk Flow other than an express written waiver may be construed as a waiver of any provision of these Terms of Use. A delay on the part of Folk Flow in the exercise of its rights or remedies will not operate as a waiver of those rights or remedies, and a single or partial exercise by Folk Flow of any of the rights or remedies will not preclude other or further exercise of that right or remedy. A waiver of a right or remedy on any one occasion will not be construed as a bar to or waiver of rights or remedies on any other occasion.
25.7. These Terms of Use will constitute the entire agreement between the parties with respect to the subject matter thereof and supersede all previous communications, representations, understandings, and agreements, either oral or written, between the parties with respect to the subject matter covered herein. If there are any conflicts or inconsistencies between a specific terms or conditions of these Terms of Use and terms or conditions of the agreement, the term or condition of this Terms of Use will prevail, unless specifically stated in the agreement.
25.8. No modification to these Terms of Use will be binding unless in writing and signed by both parties. If any provision herein is held to be unenforceable, the remaining provisions will remain in full force and effect. All rights and remedies hereunder are cumulative.
25.9. The User agrees that Folk Flow can and/or may communicate with the User via phone calls, SMS, E-Mails and/or any other method and will not be liable to the User and/or any other authority for such an act. If User’s contact number, and/or Candidates contact number, is registered with any Do Not Call (DNC) and/or Do Not Disturb (DND) service, the User hereby authorizes, and shall cause to procure authorization from the Candidate in favour of, Folk Flow to communicate with the User and/or Candidate via telephone calls, SMS, E-Mails and/or any other method and the User will not, and shall cause to ensure that the Candidate does not, in any case, hold Folk Flow liable for any communication in this regard.
26. GOVERNING LAW
These Terms of Use are governed by the laws of India. The User irrevocably consents to the exclusive jurisdiction and venue of the competent courts located at Mumbai, Maharashtra, India for all disputes arising out of or relating to these Terms of Use.
27. NOTICE/CORRESPONDENCES
Any notice required to be delivered hereunder will be deemed delivered: (a) upon delivery, if delivered by courier or by hand (against receipt); or (b) three (3) days after posting, if sent by electronic mail, fax, or certified or registered mail, return receipt requested. All notices to Folk Flow and the User will be sent to the address provided by each party to the other. If no address is specified for the User, notice will be sent to User’s last known address. All notices/correspondences sent by User to Folk Flow in relation to the Services, shall be in writing and shall be made either via (a) email to the attention of Folk Flow at contact@folkflow.com, or (b) to address of Folk Flow as provided on the Website.
Last Updated: 01 August 2021
This document is an electronic record in terms of Information Technology Act, 2000 and rules made there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3(1) of Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 that require publishing the rules and regulations, Privacy Policy and Terms of Use for access or usage of Website.