TERMS AND CONDITIONS
Terms of Use
Welcome to the HireWing website at www.hirewing.com (the “Site”). Through the Site, you have access to a variety of resources and content. These include:
(a) software and, software as a service offering (“Software”);
(b) Web pages, data, messages, text, images, photographs, graphics, audio and video such as podcasts and webcasts, and documents such as press releases, white papers and product data sheets (“Materials”); and
(c) forums, discussion groups, chat areas, bulletin boards, blogs, wikis, e-mail functions, and other services in connection with which you can upload, download, share, email, post, publish, transmit or otherwise access or make available Content (as defined below) (“Community Services”). Software, Materials, Community Services, and other information, content and services are collectively referred to as “Content.”
The following are terms of a legal agreement between you (“You” or “Your”) and HireWing Private Limited having its principal place of business at 5th Floor, Suite: 141, Western Aqua. Hitech City, Hyderabad, Telangana, 500081 (“we” or “us” or “our” or “HireWing”). By accessing or using the Site or the Content provided on or through the Site, you agree to follow and be bound by the following terms and conditions concerning your access to and use of the Site and the Content provided on or through the Site (“Terms of Use”) and our Privacy Policy. HireWing may revise the Terms of Use and Privacy Policy at any time without notice to you. Please regularly check the Site to view the latest updated version. To the extent permitted by applicable laws, your continued use of the Site constitutes your acceptance of such change(s). By accessing the Site or the Content provided on or through the Site, you represent and warrant that you are of sound mind and have the right, authority, and capacity to agree to and abide by the Terms of Use. If you do not agree with the Terms of Use, please do not access the Site or the Content. These Terms of Use apply to all visitors or users of the Site or the Content. If you are entering into this Terms of Use on behalf of an entity who has subscribed to our services or products, you represent that you have the authority to bind such entity to these Terms of Use and in such case you and the entity are jointly and severally responsible for your use of the Site and/or the Content.
1. Terms Applicable to Specific Content and Areas of the Site
Some areas of the Site or Content provided on or through the Site may have additional rules, guidelines, license agreements, user agreements or other terms and conditions that apply to your access or use of that area of the Site or Content (including terms and conditions applicable to a corporation or other organization and its users). If there is a conflict or inconsistency between these Terms of Use and the rules, guidelines, license agreement, user agreement or other terms and conditions for a specific area of the Site or for specific Content, the latter shall have precedence with respect to your access and use of that area of the Site or Content.
2. Use of Software
Your use of Software is subject to all agreements such as a license agreement or user agreement that accompanies or is included with the Software, ordering documents, exhibits, and other terms and conditions that apply ("License Terms"). In the event that Software is provided on or through the Site and is not licensed for your use through License Terms specific to the Software, you may use the Software subject to the following: (a) the Software may be used solely for your personal, informational, non-commercial purposes; (b) the Software may not be modified or altered in any way; and (c) the Software may not be redistributed.
3. Use of Materials
You may download, store, display on your computer, view, listen to, play and print Materials that HireWing publishes or broadcasts on the Site or makes available for download through the Site subject to the following: (a) the Materials may be used solely for your personal, informational, non-commercial purposes; (b) the Materials may not be modified or altered in any way; and (c) the Materials may not be redistributed.
4. Use of Community Services
Community Services are provided as a convenience to users and HireWing is not obligated to provide any technical support for, or participate in, Community Services. While Community Services may include information regarding HireWing products and services, including information from HireWing employees, they are not an official customer support channel for HireWing.
You may use Community Services subject to the following: (a) Community Services may be used solely for your personal, informational, non-commercial purposes; (b) Content provided on or through Community Services may not be redistributed; and (c) personal data about other users may not be stored or collected except where expressly authorized by HireWing.
5. Reservation of Rights
The Site and Content provided on or through the Site are the intellectual property and copyrighted works of HireWing or a third-party provider. All rights, title and interest not expressly granted with respect to the Site and Content provided on or through the Site are reserved. All Content is provided on an “As Is” and “As Available” basis, and HireWing reserves the right to terminate the permissions granted to you in Sections 2, 3 and 4 above and your use of the Content at any time. Title, ownership rights, and intellectual property rights on the Site and Content including all trademarks, service marks, graphics, logos, designs, elements used in connection with the same (except Your Content) shall remain the sole property of HireWing or its collaborators.
Restrictions on You:
The rights granted to you for use of the Site and Content are subject to the following restrictions:
a) You shall not copy, decompile, reverse engineer, modify, translate, prepare derivative works, or otherwise exploit the Site or Content except as stated herein.
b) You shall not remove any copyright, trademark registration, or other proprietary notices from the Site or Content.
c) You will not use the Site or Content in any way which is harmful to our interests.
d) You will not transmit or introduce any kind of virus or any malware or harmful codes on the Site or Content.
e) You will not use the Site or Content to violate any applicable laws or these Terms of Use.
f) You will not use the Site or Content to transmit, or procure the transmission of, any unsolicited or unauthorized advertising material.
g) You shall not use the Site or Content to compete with or directly or indirectly be involved in a business that competes with us.
h) You shall not build a similar or competitive product or service using similar ideas, features, functionality, or graphics of the Site or Content.
i) You shall not attempt to circumvent any technological measures related to the Site or Content.
j) You shall not interfere with or disrupt the operation or use of Site or Content.
k) You shall not interfere with the access or use of Site or Content by other users.
l) You shall not intrude into other users’ privacy rights or harvest information about other users.
m) You shall not impersonate or misrepresent yourself while using the Site or Content.
6. Your Content
You agree that you will only upload, share, post, publish, transmit, or otherwise make available (“Share”) on or through the Site content that you have the right and authority to Share and for which you have the right and authority to grant to HireWing all of the licenses and rights set forth herein (“Your Content”). By Sharing Your Content, you grant HireWing and its affiliates, agents, representatives, employees, contractors and their respective assigns, heirs, and successors a worldwide, perpetual, royalty-free, irrevocable, non-exclusive, transferable, fully sublicensable license to use, copy, reproduce, modify, adapt, translate, publish, publicly perform, publicly display, broadcast, transmit, distribute and otherwise exploit such of Your Content for any purpose and in any form, medium, or technology now known or later developed. This includes, without limitation, the right to incorporate or implement your Content into any HireWing product or service, and to display, market, sublicense and distribute Your Content as incorporated or embedded in any product or service distributed or offered by HireWing without compensation to you. You warrant that: (a) you have the right and authority to grant this license; (b) Hire-Wing's exercise of the rights granted pursuant to this license will not infringe or otherwise violate any third-party rights; and (c) all so-called moral rights in Your Content have been waived to the fullest extent allowed by applicable law.
You agree that you will neither use the Site in a manner, nor Share any Content, that:
(a) is false, inaccurate, outdated, or misleading; (b) is defamatory, derogatory, degrading or harassing of another or constitutes a personal attack; (c) invades another's privacy or includes, copies or transmits another's confidential, sensitive or personal information; (d) promotes bigotry, racism, hatred or harm against any group or individual; (e) is obscene or not in good taste; (f) violates or infringes or promotes the violation or infringement of another's rights, including intellectual property rights; (g) you do not have the right and authority to Share and grant the necessary rights and licenses for; (h) violates or promotes the violation of any applicable laws or regulations; (i) contains a solicitation of funds, goods or services, or promotes or advertises goods or services; (j) contains any viruses, Trojan horses, or other components designed to limit or harm the functionality of a computer; or (k) special category information or sensitive information. HireWing may report you to the relevant authorities and may act under the fullest extent of applicable laws if you transmit or upload content intended or designed to cause harm.
HireWing does not want to receive confidential information from you through or in connection with the Site. Notwithstanding anything that you may note or state in connection with Sharing Content, it shall not be considered confidential information and shall be received and treated by HireWing on a non-confidential and unrestricted basis and HireWing shall not take and shall not be required to take any steps to safeguard the confidentiality of any information that you Share, other than as specified in Hire-Wing's Privacy Policy or in any specific user agreement entered with you. Notwithstanding the foregoing, any non-public, proprietary or confidential information disclosed to you or accessed by you in the course of your access and/or use of the Site or Content (“Confidential Information”) shall be kept strictly confidential by you. You agree to use this Confidential Information only for availing any services from us and not for any other purpose. You shall not disclose this Confidential Information to any third except with our prior written consent of us.
7. Security, Passwords and Means of Accessing the Site and Content
You agree not to access or use the Site in any manner that could damage, disable, overburden, or impair any HireWing accounts, computer systems or networks. You agree not to attempt to gain unauthorized access to any parts of the Site or any HireWing accounts, computer systems or networks. You agree not to interfere or attempt to interfere with the proper working of the Site or any HireWing accounts, computer systems or networks. You agree not to use any robot, spider, scraper or other automated means to access the Site, Content or any HireWing accounts, computer systems or networks without Hire -Wing's express written permission.
If any of the Services require you to open an account, you must complete the registration process by providing us with current, complete and accurate information as required by the applicable registration form. You may also be required to choose a password and a user name. Access to and use of password protected or secure areas of the Site are restricted to authorized users only. You agree not to share your password(s), account information, or access to the Site with any other person. You are responsible for maintaining the confidentiality of password(s) and account information, and you are responsible for all activities that occur through the use of your password(s) or account(s) or as a result of your access to the Site. You agree to notify HireWing immediately of any use of your password(s) or account(s) that you did not authorize or that is not authorized by these Terms of Use. We will not be liable for any unauthorized access to or use of your account. You agree not to: a) Create or access an account using a false identity or any false or inaccurate information, b) Create an account if you have been previously removed or banned by us, c) Have more than one account at any given time unless expressly permitted by us. You shall not transfer your account or access to any of our services or any other person or entity without our prior written consent.
8. No Unlawful or Prohibited Use
You agree not to use the Site, or Content provided on or through the Site, for any purpose that is unlawful or prohibited by these Terms of Use or the rules, guidelines or terms of use posted for a specific area of the Site or Content provided on or through the Site.
9. Indemnity and Remedies
You agree to indemnify, defend and hold harmless HireWing, its affiliates, subsidiaries, officers, directors, employees, members, advisors, and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, due to or arising out of Content that you Share, your violation of these Terms of Use or any additional rules, guidelines or terms of use posted for a specific area of the Site or Content provided on or through the Site, or your violation or infringement of any third- party rights, including intellectual property rights or your violation of any applicable law.
10. Monitoring
HireWing has no obligation to monitor the Site or screen Content that is Shared on or through the Site. However, HireWing reserves the right to review the Site and Content and to monitor all use of and activity on the Site, and to remove or choose not to make available on or through the Site any Content in its sole discretion. HireWing may remove Content that is confidential or proprietary to a third party without that third party's permission.
11. Termination of Use
HireWing may, in its sole discretion, at any time discontinue providing or limit access to the Site, any areas of the Site or Content provided on or through the Site. You agree that HireWing may, in its sole discretion, at any time, terminate or limit your access to, or use of, the Site or any Content. HireWing may terminate or limit your access to or use of the Site if HireWing determines, in its sole discretion, that you have infringed the copyrights of a third party or violated any provisions of these Terms of Use. You agree that HireWing shall not be liable to you or any third-party for any termination or limitation of your access to, or use of, the Site or any Content, including Content that you may have shared.
12. Third Party Web Sites, Content, Products and Services
The Site provides links to websites and access to Content, products and services of third parties, including users, advertisers, affiliates and sponsors of the Site. HireWing is not responsible for third party Content provided on or through the Site or for any changes or updates to such third -party sites, and you bear all risks associated with the access to, and use of, such Web sites and third-party Content, products and services. We do not: (a) control, review or monitor such sites, (b) make any warranties or representations concerning such sites. Some of the content available on our Site may be sourced through third-party sources and you should respect and comply with the terms and conditions of such third-party content as per their license terms.
13. Disclaimer
Except where expressly provided otherwise, the Site, and all Content provided on or through the Site, are provided on an “as is” and "as available" basis. To the fullest extent permitted by applicable law, HireWing expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, performance, outcomes, and non-infringement with respect to the Site and all Content provided on or through the Site and any warranties arising out of course of dealing or usage of trade. HireWing makes no warranty that:
(a) the Site or Content will meet your requirements;
(b) the Site will be available on an uninterrupted, timely, secure, bug-free, or error-free basis;
(c) the results that may be obtained from the use of the Site or any Content provided on or through the site will be accurate or reliable; or
(d) the quality of any content purchased or obtained by you on or through the Site will meet your expectations.
ANY CONTENT ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGH THE USE OF THE SITE IS USED AT YOUR OWN DISCRETION AND RISK. HIREWING SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT.
HIREWING RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO, AND MONITOR THE USE OF, THE SITE AND CONTENT PROVIDED ON OR THROUGH THE SITE AT ANY TIME WITHOUT NOTICE.
14. Limitation of Liability
IN NO EVENT SHALL HIREWING BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF HIREWING FOR ALL CLAIMS RELATED TO THE TERMS OF USE EXCEED THE TOTAL AMOUNT RECEIVED BY HIREWING FROM YOU DURING THE LAST THREE (3) MONTHS PRECEDING THE DATE OF CLAIM.
15. Persons Not of Age of Majority
Persons who are not of the age of majority are not eligible to use the Site, and we ask that no information in relation to such persons be submitted to us.
16. Export Restrictions/Legal Compliance
The services and products provided on the Site and some of the Content may be subject to applicable export control laws and regulations. By accessing or using the Site, you acknowledge and agree to comply with all applicable export control laws and regulations. As applicable, you shall obtain and bear all expenses related to any necessary licenses, authorizations, and/or exemptions with respect to your own use of the services of HireWing outside India. You shall not, directly or indirectly, export, re-export, or release any services or products obtained from this Site to any jurisdiction or country to which the export, re-export, or release is prohibited by law, rule, or regulation. You shall also not use the services or products for any prohibited purpose. By agreeing to these Terms of Use, you agree to the foregoing and represent and warrant that (a) You are not located in a country or jurisdiction that is subject to U.S. government embargo or has been designated by the U.S. government as a "terrorist supporting" country; and (b) You are not listed on any U.S. government list of prohibited or restricted parties.
17. Availability of Products
Information on the Site may reference or cross-reference HireWing products, programs, or services that might not be available in your location. Such references do not imply that HireWing plans to make such products, programs, or services available in your location. Please contact your local HireWing representative for more information. We reserve the right at any time to modify or discontinue the Site including any Content, services or products (or any part thereof) without notice at any time.
18. Waiver and Severability
The failure of HireWing to exercise or enforce any rights or provisions in these Terms of Use shall not constitute a waiver of such right or provision. If any part or provision of these Terms of Use is found to be unenforceable, such part or provision may be modified to make the Terms of Use as modified legal and enforceable. The balance of the Terms of Use shall not be affected.
19. Applicable Laws
These Terms of Use is governed in all respects by the laws of the State of Telangana, India, without giving effect to its rules relating to conflict of laws. Any dispute arising out of or relating to these Terms of Use shall be resolved exclusively by binding arbitration under “The Arbitration & Conciliation Act of 1996”. Either party may send a notice to the other party of its intention to file a case under this Section (“Arbitration Notice”). The Arbitration will be conducted in Hyderabad, India by a single arbitrator knowledgeable in government contracting matters and the commercial aspects of “software as a service” arrangements and intellectual property. The parties will mutually appoint an arbitrator within thirty (30) days of the Arbitration Notice. If the parties are unable to agree on an arbitrator, then the appointment shall be made upon request of a party, by the Chief Justice of the High Court or any person or institution. The arbitration hearing will commence within sixty (60) days after the appointment of the arbitrator and the hearing will be completed and an award rendered in writing within sixty (60) days after the commencement of the hearing. Prior to the hearing, each party will have the right to take up to four (4) evidentiary depositions and exchange two (2) sets of document production requests and two sets, each, of not more than ten (10) interrogatories. The arbitrator will provide detailed written explanations to the parties to support their award. The prevailing party in the Arbitration shall be reimbursed for all reasonable costs and expenses, including reasonable attorneys’ fees, by the non-prevailing party. The arbitration award will be final and binding and may be enforced in any court of competent jurisdiction.
You agree that you will not bring claims against us as a plaintiff or class member in any purported class or representative action.
Notwithstanding any provision in these Terms of Use to the contrary, you agree that the inclusion of an arbitration provision shall not preclude Hirewing from seeking injunctive or equitable relief, including but not limited to, a temporary restraining order or preliminary injunction, from a court of competent jurisdiction to protect its rights and interests prior to, during, or following the arbitration process. The pursuit of injunctive relief does not waive the right to demand or proceed with arbitration as outlined in these Terms of Use.
20. Notice and Take Down Procedures
If you believe that your Content has been copied and posted on our Site in a way that constitutes copyright infringement, please provide Our Copyright Agent with the following information:
a) Description and location of the copyrighted work that you claim has been infringed;
b) Identification and location of the material that you believe to be infringing;
c) Written statement by you indicating that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
d) Statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf
e) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
f) Your address, telephone, and email address
Contact information for Hirewing Copyright Agent for providing the above notice is HireWing Private Limited, having its principal place of business at 5th Floor, Suite: 141, Western Aqua. Hitech City, Hyderabad, Telangana, 500081; email: support@hirewing.com .
21. General
All obligations to preserve the Confidential Information, intellectual property, and other disclaimers, and limitation of liability or any provision which by their nature should survive shall survive the termination of this Terms of Use.
This Terms of Use, your rights and obligations hereunder, shall not be assigned, subcontracted, or transferred by you without our prior written consent, and any attempted transfer shall be considered as a violation of these Terms of Use.
The Terms of Use binds and benefits the parties and their respective permitted successors and assigns.
Your use of the Site shall not make you an employee or agent or partner or joint venturer of Hirewing unless expressly stated in writing by us.
Nothing in this Terms of Use will provide or accrue any benefit to any third party or entitle any third party to any claim, cause of action, remedy, or right of any kind.
We are not responsible for any delays or failures in performance from any cause beyond our control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, acts or omissions of third-party service providers, lockdowns, epidemics, riots, earthquakes, floods, weather conditions or acts of hackers, or any other third party or acts or omissions of other users.
We will send you notice to the last email address you provided to us. You may give notice to us at support@hirewing.com .