These Terms and Conditions of Use shall apply to all Users who access the FastCollab
Website and to all Persons to whom the Professional Consultancy Services are rendered
by/through FastCollab. www.fastcollab.com (the “Site”) is a Marketplace for all
your Business Services supported by All-In-One Platform. It is in essence an online
platform where Authorized/ Registered Users may browse and avail services provided
by FastCollab/ Service Providers through the Website and as enumerated on the Website.
Access to the Website and the Services is subject to your compliance with and acceptance
of these Terms and Conditions of Use, the Privacy Policy, the Disclaimer Policy
as set forth in this website and any other terms and conditions notified to you
that may be applicable to the availing of the Services pertaining to a specific
Service.
www.fastcollab.com is owned by FastCollab Systems Private Limited and the product
FastCollab earlier known as Applicant Tracking System (ATS) (hereinafter referred
to as “we”, “our”, “us”) offers variety of Services including but not limited to
the employers or companies with a platform to manage applicants or job seekers or
candidates for free of cost”. FastCollab, also offers employers with paid services
like job posting etc., at minimal cost.
This agreement shall govern the use and access of the website, provision of Services
and all other matters arising out of or in connection therewith. Once the Terms
and Conditions are accepted, these Terms shall form the legal contract (hereinafter
“the User Agreement”) between a User and FastCollab. Thus, we suggest to ensure
that you read and understand the Terms carefully before checking the box at the
time of Registration of your Account. If you do not agree with any of the Terms
or you have any questions about the Terms, please contact customercare@fastcollab.com
DEFINITIONS
The terms used in the agreement shall have the following meanings:
“Confidential Information” shall mean and include, but is not restricted
to, all information that is technical, and commercial concerning business, books
of record and account, financial data, systems, software, services, wages related
information, documents, prototypes, samples, media, documentation, discs and code,
trade secrets, know-how, proprietary information (including listings and member
directories), business and marketing plans, financial and operational information,
and all other non-public information, material or data relating to the current and/
or future business and operations of FastCollab or its group companies, partners
and affiliates, and compilations, studies, summaries, extracts or other documentation
whether in written or oral form, provided by FastCollab or a third party Person
on behalf of FastCollab to the User pursuant to access or use of the Website or
the Services, or any other information which may come to the knowledge of the User
and whether or not marked as Confidential Information.
“Date of Commencement”- the date on which the User Agreement comes
into force or is deemed to come into force between the User and FastCollab, and
shall be the date from which a User first accessed or uses the Website or registers
with the Website or begins availing the Services, whichever is earliest.
“Date of Termination”- the date on which the User Agreement is
terminated in accordance with the Terms
“FastCollab” or “we/our/us”- a product of FastCollab Systems Private Limited, incorporated under the laws of India, having its registered of
office at Catalyst Building, T-Hub, IIIT Gachibowli, Hyderabad, Telangana 500032, India being the owner of the Website and its representatives, officers,
successors and assignees.
“Intellectual Property” shall include all patents, copyrights,
trademarks, logos, brand names, corporate names, designs and artistic creations
and all information, ideas, technology, software, and processes of inventions, improvements
and discoveries, trade secrets, data and know-how and similar rights of any type,
whether or not capable of being registered.
“Person” shall mean and include an individual, an association,
a corporation, a partnership, a joint venture, a trust, an unincorporated organization,
a joint stock company or other entity or organization, including a government or
political sub-division, or agency or instrumentality thereof and/or any other legal
entity recognized as such under the applicable laws of the territory in which it
is incorporated.
“Registered Account” the account granted to a Registered User with
the Website after registration by the User with the Website which may be used for
future transactions as well. “Services” shall mean the services offered by FastCollab Systems Private Limited
through the Website whereby an Authorized User may access the Website to avail the
services from Service Providers.
These user accounts created by the Users on the Website with a User login ID and
password for the purpose of availing of the Services and all codes, information,
passwords and other information pertaining to the Registered Account.
“Terms” collectively the Terms and Conditions of Use, the Privacy
Policy, the Disclaimer of the Website and any other terms and conditions which may
be applicable to availing the Services as detailed in the relevant page pertaining
to such Services as amended or modified from time to time.
“User(s)” or “You/Your” shall include both Authorized and Unauthorized
Users.
“Website” shall mean the website “www.FastCollab.com” and further
web pages/websites created by or on behalf of FastCollab related to the above-mentioned
site.
“Service Provider”- any Person who will be providing the services
defined hereunder to the Authorized User in pursuance of the order placed on the
Website and subject to the Terms.
“Authorized User” shall include:
- Registered Users, i.e., Persons registered with the Website with a User login ID
and password and who hold Registered Accounts,
- persons other than Unauthorized Users
“Unauthorized User” would mean any Person who does not have a legal
right to access the Website or avail the Services, or any Person who has for any
reason by the operation of law or otherwise, been prohibited from accessing the
Website or availing of the Services.
Acceptance of Terms of Use, Conditions, Notices and Disclaimers
By accessing the Website and/or using the Services, the user agrees;
(i) to be bound by these Terms and signify his/her absolute and unqualified acceptance
thereof.
(ii) that the User’s consent and acceptance of the Terms have been given freely,
with full knowledge of the nature of the terms and without fraud, coercion or undue
influence.
(iii) the User further represents that, the User has the necessary capacity to contract
under Indian laws or the laws applicable to the User and is capable of performing
the obligations required of the User under the Terms.
(iv) the User shall be obliged to inform FastCollab of any subsequent disability
to contract, upon which FastCollab shall be entitled to terminate this User Agreement
without notice or to modify or alter the Terms in their application to such User.
FastCollab may amend/modify the Terms at any time, and such modifications shall
be effective immediately upon posting of the modified Terms on the Website. You
are required to review the modified Terms periodically (as often as possible) to
be aware of such modifications. Your continued access or use of the Website or the
Services shall be deemed proof of your acceptance of the Terms as modified. In the
event that you access or use the Website or the Services in contravention or violation
of any of the Terms, you shall be deemed to be an Unauthorized User and FastCollab
shall be entitled to terminate the User Agreement immediately, block your Registered
Account and remove any information or posting- which is not in compliance with the
terms or any law in force in India. FastCollab shall also be entitled to block access
by you to the Website and/or seek any additional relief as available under law.
Also, Unauthorized Users would be fully bound by the terms, conditions and obligations
set forth in the Terms and shall be liable to abide by the same “User Agreement”.
However, it is hereby clarified that insofar as the applicability of the Terms apply
to an Unauthorized User, the User Agreement shall only serve to define the obligations
and liabilities of such Unauthorized User and shall not bind FastCollab to perform
any services or conditions or obligations, nor does it entitle the Unauthorized
User to claim any rights, protection or benefits of any nature whatsoever thereunder.
Role of FastCollab
The role of FastCollab is that of an intermediary and the Website is in the nature
of an online marketplace whereby Users/ Authorized Users may browse through the
various Services which may be availed through the Website from the Service Providers.
In this regard, it is clarified that the role of FastCollab is limited to putting
the Registered Users in touch with the relevant Service Providers for the provision
of the Services. FastCollab does not assume responsibility for the Services provided
by the Service Providers.
Terms Applicable for Products in Marketplace
The services featured in the section Marketplace on the site have specific terms
and details that will be mentioned beforehand. Users need to read the applicable
Terms and details of the relevant service. The services bought on our site will
be made available almost immediately to the User unless exclusively mentioned. As
mentioned earlier, FastCollab is an intermediary for the provision of Business Services
and thus it negotiates discounts with third party vendors and mentions a fixed price
on the site. Users can choose the best service for them and purchase it online.
Generally, the prices mentioned in the site are true to the best of our knowledge.
Prices are subjected to change without notice.
FastCollab .com reserves the right to cancel any order placed for Service(s) if
it does not meet the requirement or policy of our company or in account of any fraudulent
activities or for any reason.
Refunds and Cancellations
The User agrees that in situations due to any technical or other failure in our portal, services committed earlier may not be provided or may involve substantial modification. In such cases, FastCollab shall refund the amount received from the user for availing such services minus the applicable cancellation, refund or other charges, which shall completely discharge any and all liabilities of FastCollab against such non-provision of services or deficiencies. Additional liabilities, if any, shall be borne by the User.
In the rare possibilities of the transaction / booking not getting confirmed for any reason whatsoever, FastCollab will process the refund and intimate you of the same. FastCollab is not under any obligation to make another transaction / booking in lieu of or to compensate/ replace the unconfirmed one. All subsequent further payments will be treated as new transactions with no reference to the earlier unconfirmed ones.
The User shall request FastCollab for any refunds against the unutilized transactions / bookings for any reasons within 90 days from the date of service. Any applicable refunds would accordingly be processed as per the defined policies. No refund would be payable for any requests made after the expiry of 90 days and above and all unclaimed amounts for such unutilized services shall be deemed to have been forfeited.
The user agree that the transaction or booking made are subject to the cancellation policy set out on the service / booking page or as communicated to the users in writing.
User Information and Account Security
In order to use this Site or to access the Service, you may be required to provide
personal information (such as identification or contact information) as part of
registration process, or as part of continued use of the Site and the Service. You
agree that any registration information you give to FastCollab will be accurate,
correct and up to date.
You agree and understand that you are responsible for maintaining the confidentiality
of passwords associated with your account. You agree that you will be solely responsible
for all activities that occur by any user logged in using your account credentials.
If you become aware of unauthorized use of your password or of your account, you
agree to notify FastCollab immediately.
Use of Confidential Information
The User hereto agrees that the User shall not disclose the Confidential Information
to any third party under any circumstances whatsoever without the prior written
consent of FastCollab and that he/she will use such confidential or proprietary
information solely for the purposes of availing the Services. Further, the User
shall reveal Confidential Information to its employees or agents or other associates
strictly on a “need to know” basis and shall impose upon them the confidentiality
obligations stated herein. The obligation of nondisclosure described in the Agreement
however, will not be deemed to restrict the User from using and/or disclosing any
of the Confidential Information which: is or becomes publicly known or within the
public domain without the breach of the Terms if the User is requested or required
by law or by any Court or governmental agency or authority to disclose any of the
Confidential Information, then the User will provide FastCollab with prompt notice
of such request or requirement prior to such disclosure.
No User shall use Confidential Information obtained from the Services for further
distribution, publication, public display, or preparation of derivative works or
facilitate any of these activities in any way or reproduce, copy, access or download
such Confidential Information for any purpose other than the User’s internal or
personal purposes. Any violation of the above Terms by the User shall be treated
as a material breach of the Terms entitling FastCollab to terminate the User Agreement,
seek injunctive relief, damages and any other relief provided under law against
such User Upon the termination of the User Agreement, the User shall return to FastCollab
all original documents, records, data and other material in the possession, custody
or control of the User forming a part or incorporating any Confidential Information
therein. The obligations set forth in this clause shall be effective irrespective
of the termination of the User Agreement for any reasons whatsoever.
Limited Warranty
The site, including, without limitation, the service(s), all content made available
on or accessed through the site, are provided “as is,” “as available,” basis to
the fullest extent permissible by law, FastCollab and its subsidiaries and affiliates
make no representations or warranties or endorsements of any kind whatsoever express
or implied with respect to: (a) the site; (b) the service; (c) the offers made available
on or accessed through the site; (d) the legality, accuracy, quality or authenticity
of content, information, services provided by any party; (e) the treatment of any
information, content, material, or data transmitted by users to the site; or (f)
the security associated with the transmission of sensitive information through the
site or any linked site. FastCollab does not warrant that the site or service will
be uninterrupted or error-free, that defects will be corrected, or that the site
or the servers that make the site available will always be free of viruses or other
harmful components.
Notice
All notices shall be in English and in writing and sent to the following addresses:
If sent or addressed to FastCollab, then to the following address:
FastCollab Legal team
Address:
FastCollab
Catalyst Building, T-Hub
IIIT Gachibowli, Hyderabad
Telangana 500032, India
Give us missed call @ +91 80 3063 6063
customercare@fastcollab.com
Email: legal@fastcollab.com
If sent or addressed to the User, then to the address provided by the User in the
User’s Registered Account.
Grievances and Violations
In the event that a User has any other grievance in relation to the Website or Service,
or if a User becomes aware of an abuse or violation of the Terms, then the User
may contact FastCollab’s Grievance Officer at the following address:
FastCollab Systems Private Limited Grievance Redressal Cell,
Catalyst Building, T-Hub
IIIT Gachibowli, Hyderabad
Telangana 500036, India
Email: legal@fastcollab.com
Limitation Of Liability
Without limitation of anything else set forth in these terms; FastCollab (AKA Applicant
Tracking System) limits its liability in its connection with your use of the site
or service.
General
- Links The site may contain hyperlinks to third party websites (operated
by other entities). If you access these other sites, you will leave the site and
your browser will be re-directed to the other sites. The other Sites may have their
own terms of services and privacy policy and may have different practices and requirements
than the Site. The inclusion of such link does not imply endorsement by FastCollab
Users further acknowledge and agree that FastCollab shall not be responsible or
liable, directly or indirectly, for damage or loss caused or alleged to be caused
by the connection. The terms of service and privacy policy of any other Site shall
apply to your access and use of them and you should familiarize yourself with those
documents. FastCollab accepts no responsibility for the content or conduct of other
Sites.
- Equipment The END USER is responsible for maintaining his or her
own hardware or software, Internet connection and any other equipment in order to
utilize this Site. Under no condition will FastCollab be held responsible for any
loss or damage to your equipment incurred as a result of your use of this Site.
You are responsible to all fees, costs, taxes, assessments and expenses related.
- Email Offers You will receive both transactional and offer related
emails to your registered email address from FastCollab. You can opt out of receiving
offer related emails at any point of time through the “Unsubscribe” link at the
bottom of the email. However, you will still receive important communication emails
from FastCollab.
- Conduct In the course of your access to and use of FastCollab and
the Site and otherwise, you shall not Post or transmit any comment or content that
is libelous, defamatory, threatening, abusive, profane or obscene; take any action
in connection with your use of FastCollab or the Site, including the posting, uploading
or transmission of any content or materials, that infringes the intellectual property
or privacy rights of a third party, Disrupt or intentionally damage or impede FastCollab
or the Site or attempt to do so or permit or assist any other party to do on the
foregoing.
- Property Rights All right, title and interest in and to FastCollab
and the Site and all the technology, including all intellectual property rights
therein, and all the other content, software and information provided or made available
by us through the FastCollab service or Site is owned by, and shall remain the exclusive
property of FastCollab Systems Private Limited. All trademarks, logos and service
marks contained in this Agreement and in content provided or made available on this
site or in the course of our provision of Applicant Tracking System are the property
of FastCollab. You are not permitted to use any without the prior written consent
of its owner. A violation of our, or third party, copyright, trademark or other
intellectual rights may subject you to civil and/or criminal penalties.
- Dispute Resolution By using this Site, you agree that FastCollab,
at its sole discretion, may require you to submit any disputes arising out of or
in relation to the use of this Site, or these Terms and Conditions concerning or,
including disputes arising from or concerning their interpretation, violation, nullity,
invalidity, non-performance or termination, as well as disputes about filling gaps
in this contract or its adaptation to newly arisen circumstances, to final and binding
arbitration under the Arbitration and Conciliation Act 1996, by one or more arbitrators
appointed in accordance with the said Rules. Notwithstanding these rules, however,
such proceeding shall be governed by the laws of the India.
- Jurisdiction The terms of use and the contract between FastCollab
and all the user's (Employer / Interviewer / Agency) shall be governed by Indian
law. Courts at Hyderabad, India, shall have exclusive jurisdiction to entertain
any dispute arising from or in relation to the terms of use and the contract between
FastCollab and all the user's.