Proofile.in

TERMS OF SERVICE

Valid as of 26th May 2023

OVERVIEW

This website is operated by UniProofilers Pvt Ltd(alias Proofile.in), having its office at [Proofile.in, Bangalore]. Throughout the site, the terms “we”, “us”, “our” and “Company” refer to Proofile.in, its affiliates, successors and assigns. Proofile.in offers this website, including all information, tools and services to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are recruiters, colleges/universities, browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our Service. By accessing or using any part of the site or Service, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

We reserve the right to modify or terminate any portion of the Services for any reason and at any time, and such modifications shall be informed to you through the registered email address provided by you and/or using a pop-up message on the website of the Company and/or by way of revised terms and conditions that may be included in any future releases of the website or by way of updates to the Services as available on the website. These Terms shall at all times be accessible to you and we request you to read the Terms at regular intervals. Your use of the Services following any such modification constitutes your unqualified consent and agreement to follow and be bound by the Terms so modified. Please note that our Services are limited to the provision of a software platform to enable the interaction between a customer and other users. We are not responsible for the provision of any services or obligations by and between the customers or the other users.

SECTION 1 - TERMS OF SERVICE

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

Additionally, to avail our Services, you may have to register with us by creating a profile on our website (“Account”). During the registration process, you are also required to submit your personal information, which may include information relating to your name, age, gender, mobile device and location, among other things. You agree that the information provided by you upon registration and at all times thereafter will be true, accurate, current and complete. You agree to maintain and update this information to keep it true, accurate and complete at all times while using the Services.

By sharing your email address & phone number with us, you consent to be contacted by us via phone calls, SMS notifications, mobile applications, email, and/or any other electronic mode of communication in case of upcoming events, updates and deadlines.

You are solely responsible for safeguarding your password ("Password") at all times and shall keep your Password secure at all times. You shall be solely responsible for all activity that occurs on your Account and you shall notify us immediately of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another's Account without our permission. You agree that you will not misrepresent yourself or represent yourself as another user of the Services.

You hereby expressly acknowledge and agree that you will be liable for your losses, damages and expenses (whether direct or indirect) caused by the unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for our losses or others due to such unauthorized use.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse Service to anyone for any reason at any time.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

The Services enable you to share/upload your content ("User Content") with Proofile.in and its partners. You retain all intellectual property rights and are responsible for, the User Content you share. We are not responsible for any actions you take concerning the User Content, including sharing it publicly. Further, you are not permitted to use another user’s User Content.

To the extent that you provide User Content, you grant Proofile.in a fully-transferable, royalty-free, perpetual, sub-licensable, non-exclusive, worldwide license to copy, distribute, publicly perform, publicly display, and otherwise use the User Content. This license includes granting Proofile.in the right to authorize its partners, to use User Content or the purpose of recruitment independent of the Services. To clarify, this license continues even after you stop using the Services. Nothing in these Terms shall restrict other legal rights Proofile.in may have to User Content. We reserve the right to remove User Content for any reason, including User Content that we believe violates these Terms. To the extent that other users/business partners use User Content in a manner not authorised by you or by Proofile.in, Proofile.in shall hold no responsibility and shall bear no liability for any loss, damage or expenses suffered or incurred by you owing to misuse of User Content or breach of your intellectual property rights over the User Content.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if the information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Accordingly, the Services and all included content are provided on an "As is" basis without warranty of any kind, whether express or implied. Proofile.in parties specifically disclaim any warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of the course of dealing or usage of trade, whether express or implied. Proofile.in parties further disclaim all liability related to your access or use of the Services or any related content. You acknowledge and agree that any access to or use of the Services or such content is at your own risk.

The Company reserves the right to use your social logins to authenticate your identity and/or information provided by you. The Company reserves the right to use your social logins to get information to pre-fill your application forms. The Company reserves the right to store any information received from such social login and use it for any future job applications on behalf of you to whom such information relates to. The Company shall not be responsible for any delays in the submission of any information provided by you.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

We are constantly changing and improving our Services. We may add or remove functions, features, or requirements, and we may suspend or stop a Service altogether.

Accordingly, prices for our Services are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - COPYRIGHT AND TRADEMARK POLICY

The website and all text, audio, video, pictures, music, images, graphics, web beacons, cookies, pixels, information, data, content, and other technologies or materials displayed or used on, or downloadable from, the Site or via the Services are the property of or used with permission by, Proofile.in(“Proofile.in IP”) and are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms of Use or with the prior written permission of the owner of such material. You may not modify the Proofile.in IP in any way or reproduce or publicly display, perform, distribute or otherwise use any such Proofile.in IP for any public or commercial purpose. Any unauthorised use of Proofile.in IP may violate copyright laws, trademark laws, laws of privacy and publicity, or other laws, rules and regulations. You may not remove any copyright, trademark or other proprietary notices from the site or any Proofile.in IP. All rights to Proofile.in IP not expressly granted herein are reserved by and to the respective owners of such Proofile.in IP.

Certain trademarks, trade names, service marks and logos, icons and domain names used or displayed on the site or via the Services are registered and unregistered trademarks, trade names and service marks owned by Proofile.in and/or our affiliates. Other trademarks, trade names and service marks used or displayed on the site are the registered and unregistered trademarks, trade names and service marks owned by their respective owners and used with permission by us. Nothing grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the site or via the Services without our written permission or the written permission of the such third-party owner.

You have and shall retain ownership of all data which belongs to you during your communication with the Company on the Site or with a Customer, while applying for a job in response to a Job Advertisement (“User Communications”). You declare and warrant to us that you are entitled to transmit, use or post User Communications and have all relevant licenses and consents from any relevant third parties if required to post, use, share and transfer such User Communication. Further, we and our affiliates are free to use any User Communication and any ideas, concepts, know-how or techniques contained in any User Communication you send via the Site or Service for developing, marketing and providing products and services. You further acknowledge and agree that we own all of the information we collect from job applicants, including information collected via cookies and web beacons regarding information views, application starts and application completions.

Proofile.in respects the intellectual property rights of third parties and expects our users to do the same when using the Services. We reserve the right to suspend, disable, or terminate the Accounts of users who infringe or are charged with infringing the copyrights, trademarks, or other intellectual property rights of others.

If you believe in good faith that materials on the Services infringe your copyright, you may notify us by email and we will review your complaint. If we deem it appropriate, we may remove the offending content, warn the individual who posted the content, and/or take other appropriate actions and communicate the same to you.

The email complaint must include the following information:

the physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Services are covered by a single notification, a representative list of such works);
identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Proofile.in to locate the material on the Services;
the name, address, telephone number, and email address (if available) of the complaining party;
a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We suggest that you consult your legal advisor before filing a notice. Also, be aware that there can be penalties for false claims.

Proofile.in offers paid Services for a fee. Unless otherwise stated, all fees are quoted in Indian Rupees. You are responsible for paying all fees and applicable taxes on time with a payment mechanism associated with the applicable paid Services. If your payment method fails or your Account is past due, we may collect fees using other collection mechanisms. Fees may vary based on your location and other factors, and Proofile.in reserves the right to change any fees at any time at its sole discretion. Any change, update, or modification will be effective immediately upon posting through the relevant Services.

You agree to provide current, complete and accurate purchase and account information for the Services availed. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Refund Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control or input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

The Company assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect the user’s equipment on account of the user’s access to, use of, or browsing our website or the downloading of any material, data, text, images, video content, or audio content from the website. if a user is dissatisfied with the website, the user’s sole remedy is to discontinue using the website.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

We also welcome your suggestions, ideas, and other feedback regarding the Services ("Feedback"). By submitting any Feedback, you grant us the right to use the Feedback without any restriction or any compensation to you. By accepting your Feedback, we do not waive any rights to use similar or related Feedback previously known to us, developed by our employees or contractors, or obtained from other sources.

We reserve the right to examine and analyse any non-personal information provided by you on the website including the Feedback. Any reports or compilations generated by us based on your information (“Derivative Reports”) shall belong exclusively to the Company and the Company reserves the right to use such Derivative Reports for internal purposes or to improve the Services. The Derivative Reports shall, at the option of the Company, be shared with its affiliates and its advisors.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to Service descriptions, pricing, promotions, offers etc... We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - ACCEPTABLE USE POLICY

You are prohibited from using our Services to share content that:

Contains illegal content or promotes illegal activities with the intent to commit such activities.
Contains credible threats or organizes acts of real-world violence. We do not allow content that creates a genuine risk of physical injury or property damage, credibly threatens people or public safety, or organizes or encourages harm.
Harasses others. We encourage commentary about people and matters of public interest, but abusive or otherwise inappropriate content directed at private individuals is not allowed.
Violates intellectual property, privacy, or other rights. Do not share content that you do not have the right to share, claim content that you did not create as your own, or otherwise infringe or misappropriate someone else’s intellectual property or other rights. Always attribute materials used or quoted by you to the original copyright owner.
Spams others. Do not share irrelevant or inappropriate advertising, promotional, or solicitation content.
Otherwise violates these Terms. Please note that specific courses offered as part of the Services may have additional rules and requirements.

You also are not permitted to:

Do anything that violates local, state, national or international law or breaches any of your contractual obligations or fiduciary duties.
Share your password, let anyone access your Account, or do anything that might put your Account at risk.
Attempt to access any other user's Account.
Reproduce, transfer, sell, resell, or otherwise misuse any content from our Services, unless specifically authorized to do so.
Access, tamper with, or use non-public areas of our systems unless specifically authorized to do so.
Break or circumvent our authentication or security measures or otherwise test the vulnerability of our systems or networks, unless specifically authorized to do so.
Try to reverse engineer any portion of our Services.
Try to interfere with any user, host, or network, for example by sending a virus, overloading, spamming, or mail-bombing.
Use our Services to distribute malware.
Impersonate or misrepresent your affiliation with any person or entity.
Encourage or help anyone do any of the things on this list.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

In no case shall Proofile.in, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

In no event shall Proofile.in’s and its representatives' aggregate liability for all claims related to the Services exceed one thousand Indian Rupees (1000 INR).

You acknowledge and agree that the disclaimers and the limitations of liability outlined in these terms of use reflect a reasonable and fair allocation of risk between you and Proofile.in parties and that these limitations are an essential basis to Proofile.in’s ability to make the Services available to you on an economically feasible basis.

You agree that any cause of action from your end related to the Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

The Company shall not be responsible for non-availability or access to the website due to any technical reason including internet speeds or downtime, server downtime, failure of the server to respond, viruses, bugs, Trojan viruses or other malware, whether known or unknown as of date, incompatibility of software or hardware or for any reason whatsoever.

The Company does not make any express or implied representations or warranties or any other obligations other than as specifically set out in the Terms of Use and the Privacy Policy.

The Company does not guarantee that any application submitted by a professional would get shortlisted for any interactions with the recruiter. Further, the Company has no liability if such interaction is confirmed but later cancelled by the recruiter. You shall not hold the Company responsible for any such interactions (or the lack thereof) and associated issues. The Company shall not be responsible for any breach of contract or contract deficiency by any parties engaging with each other through the website.

The Company does not, (i) recommend or endorse any professional or recruiter registered on the website (ii) make any representations or warranties concerning a party using the website, and (iii) rank or grade a party using the website.

You are responsible for the data and information entered or uploaded by you. You are required to ensure that the same is accurate, legible, complete and not misleading in any manner.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Proofile.in and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third party.

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LA

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed under the laws of India and the jurisdiction of Bangalore, Karnataka.

Excluding claims for injunctive or other equitable relief, either you or Proofile.in may elect at any point during the dispute to resolve the claim through binding, non-appearance-based arbitration. The dispute will then be resolved using an established alternative dispute resolution ("ADR") provider, mutually agreed upon by you and Proofile.in. The parties and the selected ADR provider shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; rather, the arbitration shall be conducted, at the option of the party seeking relief, online, by telephone, or via written submissions alone. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 – FORCE MAJEURE

Neither of us shall be liable to the other for any delay or failure in performance under these Terms, other than payment obligations, arising out of a cause beyond its control and without its fault or negligence. Such causes may include but are not limited to fires, floods, earthquakes, strikes, pandemics/epidemics, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.

SECTION 21 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at

Grievance Redressal

The contact details are as below

E-mail id: support@proofile.in

All the grievances and any discrepancies of the provider of information shall be redressed within one month (30 days) from the date of receipt of the grievance.

Proofile.in enables colleges to automate end-to-end campus placements, helps employers hire young talent from across colleges in the country, and empowers students to access opportunities democratically.

Proofile.in, Bangalore