Terms of Service
mydigiclip.com(the website & the web application) is a product of Digiclip Tech Solutions Pvt. Ltd a company having its registered office at Old No 313, New No.455, Block No. 75, Amara Sri Towers, 07th Floor, Office No. 720, Anna Salai, Teynampet, Chennai, Tamilnadu, India – 600018. Please read the terms of service carefully before signing up to use any of Digiclip Tech Solutions Pvt. Ltd Services or Products.
By using the Services, you agree to be legally bound by these Terms just as if you had signed them. Digiclip Tech Solutions Pvt. Ltd reserves the right to update and change the Terms from time to time. Any changes will be posted on Site and the date on which they come into effect will appear at the top of the page. The Terms are available only in English. You can of course save or print the Terms at any time for your records. Any new features that augment or enhance the current Services, including the release of new tools and resources, shall be subject to the Terms as so amended from time to time. Continued use of the Services after any such changes shall constitute your consent to such changes.
The Digiclip Services
Who We Are
Reference to "mydigiclip.com", "Digiclip", "Digiclip Tech Solutions Pvt.Ltd", "us", "we" or "our" in these Terms refer to Digiclip Tech Solutions Pvt.Ltd an Indian registered company with its registered office at Old No 313, New No.455, Block No. 75, Amara Sri Towers, 07th Floor, Office No.720, Anna Salai, Teynampet, Chennai, Tamilnadu, India – 600018. To provide the Services, Digiclip also uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage and related technology required to run the service.
Your Access to the Service
In order to register a Digiclip Account, whether as a recruitment company or a hiring company or a college, you are required to provide some identifying information (including your legal full name and a valid email address). Once your Sign-up application has been received and verified by Digiclip, you will be granted Log In details, including a password ("Your Log In"), to access your Digiclip account ("Your Account"). While certain parts of the Site are available to non-account holders, you can only activate Your Account once you have positively clicked your acceptance of these Terms. Your Log In is personal to you and may not be shared with others. If Your Account is a corporate account, you can create individual user accounts with separate logins. However, you will be responsible for the activity of those individual users.
IT IS ESSENTIAL THAT YOU MAINTAIN THE CONFIDENTIALITY OF YOUR LOG IN AS YOU WILL BE HELD RESPONSIBLE FOR ALL USE OF YOUR ACCOUNT IN THE EVENT OF A BREACH OF THESE TERMS. YOU MUST NOTIFY DIGICLIP IMMEDIATELY IF THE CONFIDENTIALITY OF YOUR LOG-IN DETAILS ARE COMPROMISED OR IF YOUR ACCOUNT HAS BEEN ACCESSED UNLAWFULLY. DIGICLIP CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECURITY OBLIGATION.
Digiclip as the "Mere Conduit"
While the Services provide a convenient and economic tool for the recruitment process, the manner in which the Services are used is entirely determined by the Account holders. Digiclip plays no role in initiating the transmission of video resume, Digiclip does not determine the recipient of the video resumes and Digiclip does not select or modify the information contained in any video resume. Digiclip expresses no view as to the quality or suitability of any employer or interviewee and does not endorse any opinion, recommendation or advice expressed by users of the Services. Digiclip expressly disclaims any and all liability in connection with such content. Accordingly, you agree that Digiclip is not responsible for any loss, injury or damage to any individual as a result either directly or indirectly of any information published on the Site or made available through the Services.
A key feature of the Services is that they enable users (jobseekers) to post their own content. While our "Conditions of Use" below prohibit the posting of content which is factually inaccurate, unlawful or offensive, Digiclip does not take responsibility for any content posted by third parties while using the Services. Accordingly, you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Digiclip with respect to any such content. You acknowledge that while you may be exposed to such materials you will hold Digiclip harmless in relation thereto.
Digiclip does not pre-screen content posted by users (jobseekers), but Digiclip reserves the right (but not the obligation) in its sole discretion to refuse or remove any content that is available via the Services where it has any grounds to suspect non-compliance with these Terms. Violation of any of these Terms may result in the termination of the jobseeker account (without prejudice to any other legal rights or remedies available to Digiclip). The failure of Digiclip to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Conditions of Use of the Services
- You must be 18 years or older to use the Services or be a student accessing the service as part of a college-approved scheme. You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
- You must provide accurate and complete Sign-up and Log In details in order to validate Your Account and, where you are representing a company or other legal person, you warrant that you are duly authorized to open an account on behalf of that company. You cannot impersonate anyone else or use any Log In details other than those granted to you. Digiclip reserves the right to verify new accounts by contacting the account owner by e-mail, phone or in person.
- You must use a computer with sufficient Internet bandwidth connectivity before recording your video profile on the Site. Jobseekers are required to take a bandwidth test prior to creating your video profile. Jobseekers must also have a web-cam and audio capability which comply with the criteria set out in the Site.
- You are responsible for all content posted and activity that occurs under Your Account. This is the case even when content is posted by others who have accessed or created accounts under a corporate account.
- You agree not to use the Services or cause or permit the Site to be used:-
- for any illegal or unauthorised purpose. For example, you must not, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).
- to post content that we determine in our sole discretion is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, abusive or otherwise objectionable or violates any party’s intellectual property or privacy rights or these Terms;
- to circumvent, disable or otherwise interfere with any security related features of the Site or to jeopardise or prejudice the operation, quality or integrity of the Site or the Services, or the operation, quality or integrity of any telecommunications network;
- for any commercial purpose including any direct marketing, contests or pyramid schemes, nor to use the Site or the Services to participate in or cause others to participate in sending chain letters, junk e-mail, spam, duplicative or unsolicited messages, advertising or promotional material;
- to harvest or otherwise collect information about others, including e-mail addresses, without their consent;
- to distribute, download, upload or transmit any material which contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
If you wish to purchase products or Services described in the Site, you may be asked to supply certain information, including credit card or other payment information.
BY PROVIDING SUCH INFORMATION, YOU REPRESENT AND WARRANT THAT IT IS ACCURATE, COMPLETE, AND CURRENT. BY MAKING ANY SUCH PURCHASE, YOU AGREE TO PAY ALL CHARGES INCURRED BY USERS OF YOUR CREDIT CARD OR OTHER PAYMENT MECHANISM AT THE PRICES IN EFFECT WHEN SUCH CHARGES ARE INCURRED. YOU ARE RESPONSIBLE FOR PAYING ANY TAXES APPLICABLE TO SUCH PURCHASE.
DIGICLIP TECH SOLUTIONS PVT. LTD RESERVES THE RIGHT TO REFUSE ANY ORDER FOR ANY REASON. ORDERS MAY BE DELAYED OR CANCELED IF DIGICLIP IS NOT GIVEN COMPLETELY ACCURATE INFORMATION AND/OR IS UNABLE TO CONTACT THE PERSON WHO HAS PLACED THE ORDER AND/OR THE PRIMARY CARDHOLDER FOR THE ORDER.
Digiclip’s pricing and payment terms are explained in advance of any purchase and those pricing provisions form part of these Terms and are incorporated herein by reference. Digiclip currently operates its pricing and payment on the following basis:
Subscription Model: Companies pay a yearly subscription fee as advised in our pricing. Job seekers are then able to use the system according to the terms of their commercial agreement with Digiclip. Pricing will be revised from time to time and existing Account holders will receive at least 30 days advance notice of any price increases which affect them.
Subscriber Content Storage and Retrieval
The Service may only be used to transmit and store video resumes (or visumes), files associated with the process of hiring a jobseeker, job descriptions and comments with respect to the foregoing (all of the foregoing referred to herein as "Subscriber Content"). You may not upload advertisements or any other materials that do not fall within the definition of "Subscriber Content" or transmit unsolicited information, materials or data (including, without limitation, "spam" messages). You understand that the Service can be used for transmission of your Subscriber Content, and that during processing, your Subscriber Content may be transferred unencrypted over the internet, and you consent to such unencrypted transmission.
You must not transmit any worms or viruses or any code of a destructive nature or that attempts to automatically gather information from the screen (screen scraping). You may not use automated systems ("bots") to upload multiple streams of data, such as for multiple Candidates, at once. If your bandwidth usage is excessive (as determined solely by Digiclip Tech Solutions Pvt. Ltd), in order to protect the responsiveness of the service for all Subscribers, we reserve the right to throttle your usage or disable your account until you can reduce your bandwidth consumption.
Copyright and Content Ownership
The Site and its contents are intended solely for the use of Digiclip Tech Solutions Pvt.Ltd Subscribers and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Site, including, but not limited to text, data, information, graphics, logos, tools, photographs, images, illustrations, audio, video and animations ("Site Content") are the property of Digiclip Tech Solutions Pvt. Ltd.
All resume documents uploaded to your account by you, another user within your account, or an applicant, can be retrieved by you through the provided user interface or application programming interface (API).
The Site, including but not limited to the look and feel of the Service, is copyright © 2016 Digiclip Tech Solutions Pvt. Ltd. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Digiclip Tech Solutions Pvt. Ltd.
Promotions and Marketing
This service is intended to provide you with a publicly available list of jobs, and therefore your usage of this service is not intended to be private. Unless expressly prohibited in writing or electronically by you, you agree that Digiclip Tech Solutions Pvt. Ltd can use your brand identity, organization or company name and mention your usage of this Service in press releases, interviews, promotional materials, sales sheets, presentations, websites and other self-promotional channels. You also agree that a "powered by Digiclip Tech Solutions Pvt. Ltd" graphic or text link can be included with your job listings unless you choose to disable or hide this fact. Any promotions or discounts are valid for services to which the promotion or discount was originally applied; subsequent upgrades or add-on services are not guaranteed any promotions or discounts.
Subject to these Terms, we grant you a non-exclusive, non-transferable, limited right to access and use the Site and those Services for which Your Account has been approved. However, no other right, title, or interest in the Site or in any such Services will be granted or transferred to you as a result of any permitted use of such Services.
While Digiclip does not claim any rights in respect of any video resumes posted by jobseekers, you agree to provide Digiclip with a limited, royalty-free, non-exclusive, transferable, worldwide, perpetual licence to use, distribute and display all content posted by you while using the Services provided that such licence is restricted to the sole purpose of enabling Digiclip and its contractors to perform the Services.
Disclaimers of Warranties
THE SERVICES, CONTENT AND SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. Digiclip Tech Solutions Pvt. Ltd MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE OR THE SERVICES, INCLUDING ANY REPRESENTATION OR WARRANTY THAT THE USE OF THE SITE OR SERVICES WILL (A) BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) BE FREE FROM ERRORS OR THAT DEFECTS WILL BE CORRECTED, (D) BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS (E) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (F) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
TO THE FULLEST EXTENT ALLOWED BY LAW, Digiclip Tech Solutions Pvt. Ltd DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS, LEGALITY OR OPERABILITY OF THE CONTENT, MATERIAL AND/OR SERVICES PROVIDED ON THIS SITE. BY USING THIS SITE, YOU ACKNOWLEDGE THAT Digiclip Tech Solutions Pvt. Ltd IS NOT RESPONSIBLE OR LIABLE FOR ANY HARM RESULTING FROM (1) USE OF THE SITE; (2) THE TEMPORARY OR PERMANENT INABILITY TO ACCESS OR RETRIEVE ANY CONTENT FROM THE SITE AND (3) DOWNLOADING INFORMATION CONTAINED ON THE SITE; INCLUDING, WITHOUT LIMITATION, HARM CAUSED BY VIRUSES, WORMS, TROJAN HORSES, OR ANY SIMILAR CONTAMINATION OR DESTRUCTIVE PROGRAM.
THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE TERMINATION OR EXPIRATION OF THIS AGREEMENT. SOME COUNTRIES DO NOT ALLOW LIMITATIONS RELATING TO IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO SUBSCRIBER.
Access to the services of Digiclip depends upon operation of Internet and telecommunications facilities which are not owned or controlled by Digiclip Tech Solutions Pvt. Ltd. Digiclip Tech Solutions Pvt. Ltd therefore assumes no liability for any transmission delay, service interruption, data corruption or other problem connected with accessing the web application services. Digiclip Tech Solutions Pvt. Ltd disclaims all representations and warranties, including, for example warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, no information, whether oral or written, obtained from you by Digiclip Tech Solutions Pvt. Ltd or its agents or employees shall create any warranty not expressly made in these Terms & Conditions. If any applicable authority holds any portion of this section to be unenforceable, then warranties will be disclaimed to the fullest possible extent permitted by applicable law.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT (TO THE FULLEST EXTENT PERMITTED BY LAW) DIGICLIP AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM;
- THE USE OR THE INABILITY TO USE THE SERVICES;
- THE USE OF ANY CONTENT OR OTHER MATERIAL ON THE SITE OR ANY WEBSITE OR WEBSITES LINKED TO THE SITE;
- UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR WEBSITE.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR THE SERVICES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THE SERVICES.
TERMINATION AND REFUND POLICY
You agree that Digiclip may terminate your membership if you fail to pay applicable fees within 30 days of the expiration of your membership. You agree that Digiclip may terminate your membership and your account contents in the event that it is notified that your Company's employment practices are in violation of any Federal, State or Local law. You agree that Digiclip may restrict or terminate your use of the Digiclip application or any other service of Digiclip for any reason, with or without notice to you. You agree that Digiclip may modify or discontinue the application with or without notice to you. Digiclip shall not be liable to you or any third party for any claim or cause of action arising out of such termination, restriction, modification or discontinuance. You will have 24 hours from the date of membership activation to cancel your account and receive a full refund. After this 1 day risk-free period, you may cancel your membership at any time by submitting written notice to Digiclip Tech Solutions Pvt. Ltd either by email to firstname.lastname@example.org, or mail to: Digiclip Tech Solutions Pvt. Ltd, Old No 313, New No.455, Block No. 75, Amara Sri Towers, 07th Floor, Office No. 720, Anna Salai, Teynampet, Chennai, Tamilnadu, India – 600018. After 24 hours you shall not be entitled to a refund on any plan. There shall be no refund on any month to month plan.
Governing Law and Jurisdiction
The Site has been created and is controlled by Digiclip in India. These Terms will be governed by, and construed and enforced in accordance with, the laws of the India. You hereby unconditionally and irrevocably submit to the exclusive jurisdiction of the Indian courts.