Usage of SAMS-STC

1. The SAMS-STC Platform (including associated mobile based applications, or website and/or web applications) is provided by SAMS Social Talent Connect Pvt. Ltd. (SAMS-STC) either directly or through its affiliates and collectively referred to as ("SAMS-STC").
2. Any person/entity with a verified account can post Jobs (“Job Poster”) or other Social Sector Opportunity (SSO) viz. RFPs/ Tenders/ Grants-related Updates/ Consultancies/ Events, etc. (“SSO Poster”) on the SAMS-STC Platform, and access and participate in the services provided by SAMS-STC.
3. By using SAMS-STC Platform, you consent to the terms of this Terms of Service, as well as to our Privacy Policy.
4. A Job Poster/ SSO Posteraccessing the SAMS-STC Platform shall be bound by these Terms of Service, and all other rules, regulations and terms of use referred to herein or provided by SAMS-STC in relation to any services provided via the SAMS-STC Platform (“Services”).  
5. Job Posters/ SSO Posters may subscribe to access SAMS-STC Platform’s Database of General Purpose – Resumes and Job Applications (“GP RAJAs Database”) which comprises Resumes and Job Applications provided by Candidates registered on the SAMS-STC Platform. By subscribing to the GP RAJAs Database, you consent to use candidates’ data in strict confidence in addition to our Privacy Policy. 
6. SAMS-STC shall be entitled to modify these Terms of Service, rules, regulations and terms of use referred to herein, or provided by SAMS-STC in relation to any Services, at any time, by posting the same on the SAMS-STC Platform. Use of SAMS-STC constitutes the Job Poster's/ SSO Poster’s acceptance of such modified Terms of Service, rules, regulations and terms of use referred to herein or provided by SAMS-STC in relation to SAMS-STC Services, as may be amended from time to time. SAMS-STC may, at its sole discretion, also notify the Job Poster/ SSO Poster of any change or modification in these Terms of Service, rules, regulations and terms of use referred to herein or provided by SAMS-STC, by way of sending an email to the Job Poster's/ SSO Poster’s registered email address or posting notifications in the Job Poster/ SSO Poster accounts. The Job Poster/ SSO Poster may then exercise the options provided in such an email or notification to indicate non-acceptance of the modified Terms of Service, rules, regulations and terms of use referred to herein or provided by SAMS-STC. If such options are not exercised by the Job Poster/ SSO Poster within the time frame prescribed in the email or notification, the Job Poster/ SSO Poster will be deemed to have accepted the modified Terms of Service, rules, regulations and terms of use referred to herein or provided by SAMS-STC.
7. Certain SAMS-STC Services being provided on SAMS-STC Platform may be subject to additional rules and regulations set down in that respect. To the extent that these Terms of Service are inconsistent with the additional conditions set down, the additional conditions shall prevail.
8. SAMS-STC may, at its sole and absolute discretion:
   1. Restrict, suspend, or terminate any Job Poster's/ SSO Poster’saccess to all or any part of the SAMS-STC Platform or SAMS-STC Services;
   2. Change, suspend, or discontinue all or any part of the SAMS-STC Platform or SAMS-STC Services;
   3. Reject, move, or remove any material that may be submitted by a Job Poster/ SSO Poster;
   4. Move or remove any content that is available on the SAMS-STC Platform;
   5. Deactivate or delete a Job Poster's/ SSO Poster’s account and all related information and files on the account;
   6. Establish general practices and limits concerning the use of SAMS-STC Platform;
   7. Assign its rights and liabilities to all Job Posters/ SSO Posters accounts hereunder to any entity (post such assignment, intimation of the assignment shall be sent to all Job Posters/ SSO Posters at their registered email ids).
9. In the event any Job Poster/ SSO Poster breaches, or SAMS-STC reasonably believes that such Job Poster/ SSO Poster has breached these Terms of Service, or has illegally or improperly used the SAMS-STC Platform or SAMS-STC Services, SAMS-STC may, at its sole and absolute discretion, and without any notice to the Job Poster/ SSO Poster, restrict, suspend or terminate such Job Poster's/ SSO Poster’s access to all or any part of the SAMS-STC Platform, deactivate or delete the Job Poster's/ SSO Poster’s account and all related information on the account, delete any content posted by the Job Poster/ SSO Poster on SAMS-STC and further, take technical and legal steps as it deems necessary.
10. If SAMS-STC charges Job Posters/ SSO Posters a platform fee in respect of any SAMS-STC Services, SAMS-STC shall, without delay, repay such platform fee in the event of suspension or removal of the Job Poster's/ SSO Poster’s account or SAMS-STC Services on account of any negligence or deficiency on the part of SAMS-STC, but not if such suspension or removal is effected due to:
    1. Any breach or inadequate performance by the Job Poster/ SSO Poster of any of these Terms of Service; or
    2. Any circumstances beyond the reasonable control of SAMS-STC.
11. By accepting these Terms of Service, Job Posters/ SSO Posters are providing their consent to receiving communications such as announcements, administrative messages and advertisements from SAMS-STC or any of its partners, licensors or associates.

Participation

1. When accessing and interacting with the SAMS-STC Platform and Services a Job Poster will be able to post jobs to source and hire potential candidates and employees for their organization, view applications and the profiles of suitable candidates who have the requisite skills and experience for the particular job(s) that the Job Poster is hiring for and schedule interviews with potential candidates/employees.
2. The SSO Poster when using the SAMS-STC Platform and Services will be able to post details social sector opportunities such as RFPs/ Tenders/ Grants-related Updates/ Consultancies/ Events, etc. and broadcast this to the community of professionals and organizations that the SAMS-STC Platform is connected with. The SSO Poster shall be able to receive responses and applications from professionals and organizations who express interest in pursuing these opportunities and engage with them to assess their suitability to execute the same.
3. To post content on the SAMS-STC Platform, including job postings, RFPs Tenders/ Grants-related Updates/ Consultancies/ Events, or other opportunities, the poster (Job Poster or SSO Poster) shall be required to provide accurate and detailed information about the content being posted. For job postings, this includes but is not limited to details such as the job role, whether the job is part-time or full-time, days of work, work timings, the salary range, the number of openings, minimum education level, level of experience required, and a comprehensive job description. While SAMS-STC does not endorse discrimination on any grounds whatsoever, we recognize that certain social sector opportunities, including jobs, may have specific requirements. Accordingly, where warranted Job Posters/ SSO Posters may indicate such requirements, including gender specificity, only where it is necessary for the role or opportunity. By agreeing to these Terms of Service and posting any content on the SAMS-STC Platform, posters undertake that all information shared is accurate, not misleading, and compliant with applicable laws. Posters also confirm they are not engaging in any discriminatory practices. Any incorrect information or misrepresentations can adversely impact the credibility and efficacy of the SAMS-STC Platform and its services. Accordingly, SAMS-STC reserves the right to review, edit, or remove any content that violates these Terms of Service or impacts the platform's integrity. SAMS-STC also holds the right to suspend or terminate the accounts of posters who fail to adhere to these terms.
4. Job Posters will have offline access to jobseekers’ applications/resumes (RAJAs) submitted in response to specific job postings, with access limited, as per their subscription. This access is restricted to the role advertised, and Job Posters must seek confirmation/ reconfirmation from jobseekers if using RAJAs for a new vacancy and/or after substantial time has passed since their original application. Job Posters with access to our database may use general profiles (GP-RAJAs) for other roles but must first obtain the jobseeker’s permission. Additionally, Job Posters are strictly prohibited from creating independent databases from RAJAs/ GP-RAJAs or distributing these profiles for onward circulation and must ensure that RAJAs/ GP-RAJAs are used solely for recruitment purposes as per the platform’s guidelines."
5. Job Posters/ SSO Posters agree that they shall at all times be bound by and adhere to the Code of Conduct while posting jobs through the SAMS-STC Platform and while using the SAMS-STC Services.

Intellectual Property

1. The intellectual property rights (“Intellectual Property Rights”)  in all software underlying the SAMS-STC Platform and the SAMS-STC  Services and material published on the SAMS-STC Platform, including (but not limited to) software, advertisements, content (whether written, audio and/or visual), photographs, graphics, images, illustrations, graphs, charts, marks, logos, audio or video clippings, animations etc. is owned by SAMS-STC, its affiliates, partners, licensors and/or associates. Job Posters/ SSO Posters may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on SAMS-STC either in whole or in part without express written license from SAMS-STC.
2. Job Posters/ SSO Posters are solely responsible for all materials (whether publicly posted or privately transmitted) that they upload, post, e-mail, transmit, or otherwise make available via the SAMS-STC Platform (“Job Posters/ SSO Posters’ Content”). Each Job Poster/ SSO Poster represents and warrants that they own all Intellectual Property Rights in the Job Posters/ SSO Posters Content and that no part of the Job Poster's/ SSO Poster’s Content infringes any third-party rights. Job Posters/ SSO Posters further confirm and undertake to not display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights of any third party on the SAMS-STC Platform, without written authorization from such third party. Job Posters/ SSO Posters agree to indemnify and hold harmless SAMS-STC, its directors, employees, affiliates and assigns against all costs, damages, loss and harm including towards litigation costs and counsel fees, in respect of any third party claims that may be initiated including for infringement of Intellectual Property Rights arising out of such display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the SAMS-STC Platform, by such Job Poster/ SSO Poster or through the Job Poster's/ SSO Poster’s commissions or omissions.
3. Job Posters/ SSO Posters hereby grant to SAMS-STC and its affiliates, partners, licensors and associates, a worldwide, irrevocable, royalty-free, non-exclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, and/or publish Job Posters'/ SSO Posters’ Content for any of the following purposes:
   1. Displaying Job Posters'/ SSO Posters’ Content on SAMS-STC
   2. Distributing Job Posters'/ SSO Posters’ Content, either electronically or via other media, to potential candidates, and/or
   3. Storing Job Posters'/ SSO Posters’ Content in a remote database accessible by end users, for a charge.
   4. This license shall apply to the distribution and the storage of Job Posters'/ SSO Posters’ Content in any form, medium, or technology.
4. All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the SAMS-STC Platform belonging to any person (including a Job Poster/ SSO Poster), entity or third party are recognized as proprietary to the respective owners and any claims, controversy or issues against these names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights must be directly addressed to the respective parties under notice to SAMS-STC.

Third Party Sites, Services and Products

1. Links to other internet sites or mobile applications owned and operated by third parties may be provided via the SAMS-STC Platform. Job Posters/ SSO Posters use of each of those sites is subject to the conditions, if any, posted by those sites. SAMS-STC does not exercise control over any internet sites or mobile applications apart from the SAMS-STC Platform and cannot be held responsible for any content residing in any third-party internet site or mobile application. SAMS-STC’s inclusion of third-party content or links to third-party internet sites or mobile applications is not an endorsement by SAMS-STC of such third-party internet site or mobile application.
2. Job Posters'/ SSO Posters’ correspondence, transactions/offers or related activities with third parties including but not limited to potential candidates, payment providers and verification service providers, are solely between the Job Poster/ SSO Poster and that third party. Job Posters'/ SSO Posters’ correspondence, transactions and usage of the services/offers of such third party shall be subject to the terms and conditions, policies and other service terms adopted/implemented by such third party, and the Job Poster/ SSO Poster shall be solely responsible for reviewing the same prior to transacting or availing of the services/offers of such third party. The Job Poster/ SSO Poster agrees that SAMS-STC will not be responsible or liable for any loss or damage of any sort incurred as a result of any such transactions/offers with third parties. Any questions, complaints, or claims related to any third-party product or service should be directed to the appropriate vendor.
3. The SAMS-STC Platform contains content that is created by SAMS-STC as well as content provided by third parties (including potential candidates). SAMS-STC does not guarantee the accuracy, integrity, quality of the content provided by third parties and such content may not relied upon by the Job Posters/ SSO Posters in utilizing the SAMS-STC Services provided on the SAMS-STC Platform.

Privacy Policy

1. All information collected from Job Posters/ SSO Posters, such as registration (including but not limited to email addresses, mobile phone numbers, government identity documentation) and payment information, is subject to SAMS’s Privacy Policy which is available at  content
2. We do not share personal information of any individual with other companies/entities without obtaining permission. However, we may share all such information that we have in our possession in accordance with our Privacy Policy.
3. Once the personal information has been shared with you, you shall, at all times, be responsible to secure such information.
4. The Job Poster/ SSO Poster warrants and represents that they shall not disclose or transfer personal information shared by SAMS-STC to any sub-processors without ensuring that adequate and equivalent safeguards to the personal information.
5. The Job Poster/ SSO Poster hereby agrees and acknowledges that they will use the information shared with them only for the purpose of the Services. The Job Poster/ SSO Poster shall not use such information for any personal or other business purposes. In the event the Job Poster/ SSO Poster is found to be misusing the information shared with them, SAMS-STC shall, at its’ sole discretion, delete the Job Poster’s/ SSO Poster’s account with immediate effect and the Job Poster/ SSO Poster will be blocked from using/ accessing SAMS-STC Platform in future.

Conduct of Job Poster/ SSO Poster

1. The Job Poster/ SSO Poster agrees to abide by these Terms of Service and all other rules, regulations and terms of use of SAMS-STC, SAMS-STC Platform and Services. In the event the Job Poster/ SSO Poster does not abide by these Terms of Service and all other rules, regulations and terms of use, SAMS-STC may, at its sole and absolute discretion, take necessary remedial action, including but not limited to:
   1. Restricting, suspending, or terminating the Job Poster's/ SSO Poster’s access to all or any part of SAMS-STC Services;
   2. Deactivating or deleting the Job Poster's/ SSO Poster’s account and all related information and files on the account. Any amount remaining unused in the Job Poster's/ SSO Poster’s account on the date of deactivation or deletion shall be transferred to the Job Poster's/ SSO Poster’s bank account on record with SAMS-STC subject to a processing fee (if any) applicable on such transfers as set out herein.
2. The Job Poster/ SSO Poster agrees to provide true, accurate, current and complete information at the time of registration and at all other times (as required by SAMS-STC. The Job Poster/ SSO Poster further agrees to update and keep updated their registration information and information related to job posts/other posts made on the SAMS-STC Platform.
3. A Job Poster/ SSO Poster shall not register or operate more than one Job Poster/ SSO Poster account with SAMS.
4. The Job Poster/ SSO Poster agrees to ensure that they can receive all communication from SAMS-STC by marking e-mails or sending SMSs from SAMS-STC. SAMS-STC shall not be held liable if any e-mail/SMS remains unread by the Job Poster/ SSO Poster as a result of such communication getting delivered to the Job Poster's/ SSO Poster’s junk or spam folder, or equivalent.
5. Any password issued by SAMS-STC to a Job Poster/ SSO Poster may not be revealed to anyone else. Similarly, the Job Poster/ SSO Poster may not use anyone else's password. The Job Poster/ SSO Poster is responsible for maintaining the confidentiality of their account and password. The Job Poster/ SSO Poster agrees to immediately notify SAMS-STC of any unauthorized use of their password or account or any other breach of security.
6. The Job Poster/ SSO Poster agrees to exit/log-out of their accounts at the end of each session. SAMS-STC shall not be responsible for any loss or damage that may result if the Job Poster/ SSO Poster fails to comply with these requirements.
7. The Job Poster/ SSO Poster agrees not to use cheats, exploits, automation, software, bots, hacks or any unauthorized third-party software designed to modify or interfere with the SAMS-STC Services and/or SAMS-STC experience or assist in such activity.
8. The Job Poster/ SSO Poster agrees not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying SAMS-STC or SAMS-STC’s Services.
9. The Job Poster/ SSO Poster agrees that without SAMS-STC’s express written consent, they shall not modify or cause to be modified any files or software that are part of SAMS-STC’s Services or the SAMS-STC Platform.
10. The Job Poster/ SSO Poster agrees not to disrupt, overburden, or aid or assist in the disruption or overburdening of (a) any computer or server used to offer or support SAMS-STC Platform or the SAMS-STC’s Services or (b) the enjoyment of SAMS-STC Services by any other Job Poster/ SSO Poster or person.
11. The Job Poster/ SSO Poster agrees not to institute, assist or become involved in any type of attack, including without limitation to distribution of a virus, denial of service, or other attempts to disrupt SAMS-STC Services or any other person's use or enjoyment of SAMS-STC Platform or SAMS-STC Services.
12. The Job Poster/ SSO Poster shall not attempt to gain unauthorised access to other Job Poster/ SSO Poster accounts, Servers or networks connected to SAMS-STC Services by any means other than the Job Poster/ SSO Poster interface provided by SAMS-STC, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that underlies or is part of SAMS-STC Platform or Services.
13. The Job Poster/ SSO Poster shall not publish any content that is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.
14. Without limiting the foregoing, the Job Poster/ SSO Poster agrees not to use SAMS-STC Platform for any of the following:
    1. To engage in any obscene, offensive, indecent, racial, communal, anti-national, objectionable, defamatory or abusive action or communication;
    2. To harass, stalk, threaten, or otherwise violate any legal rights of other individuals;
    3. To publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
    4. To Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, any software, hardware, or telecommunications equipment;
    5. To advertise, offer or sell any goods or services for any commercial purpose on SAMS-STC Platform including but not limited to multi-level marketing for a third party, promoting business of a third party, selling financial products such as loans, insurance, promoting demat account openings, without the express written consent of SAMS-STC;
    6. To download any file, recompile or disassemble or otherwise affect our products that you know or reasonably should know cannot be legally obtained in such manner;
    7. To falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
    8. To restrict or inhibit any other Job Poster/ SSO Poster from using and enjoying any public area within our sites;
    9. To collect or store personal information about other Job Posters/ SSO Posters;
    10. To collect or store information about potential candidates;
    11. To mine information relating to potential candidates with the aim of creating a database of potential candidates whether or not such database is used or meant to be used by the Job Poster/ SSO Poster or any third party associated with the Job Poster/ SSO Poster or to whom such Job Poster/ SSO Poster makes such mined information available, for either a commercial purpose or for the Job Poster’s/ SSO Poster’s own use at a future date;
    12. To interfere with or disrupt the SAMS-STC Services and/or the SAMS-STC Platform, SAMS-STC servers, or SAMS-STC networks;
    13. To impersonate any person or entity, including, but not limited to, a representative of SAMS-STC, or falsely state or otherwise misrepresent Job Poster's/ SSO Poster’s affiliation with a person or entity;
    14. To forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through SAMS-STC or to manipulate Job Poster's/ SSO Poster’s presence on the SAMS-STC Platform;
    15. To take any action that imposes an unreasonably or disproportionately large load on SAMS-STC’ s infrastructure;
    16. To engage in any illegal activities.
    17. To engage in any action that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation.
15. If a Job Poster/ SSO Poster chooses a username that, in SAMS-STC’ s considered opinion is obscene, indecent, abusive or that might subject SAMS-STC to public disparagement or scorn, or a name which is an official team/league/franchise names and/or name of any sporting personality, as the case may be, SAMS-STC reserves the right, without prior notice to the Job Poster/ SSO Poster, to restrict usage of such names, which in SAMS-STC’s opinion falls within any of the said categories and/or change such username and intimate the Job Poster/ SSO Poster or delete such username and posts from SAMS-STC Platform, deny such Job Poster/ SSO Poster access to SAMS-STC Platform and Services, or any combination of these options.
16. Unauthorized access to the SAMS-STC Platform is a breach of these Terms of Service, and a violation of the law. The Job Poster/ SSO Poster agrees not to access the SAMS-STC Platform by any means other than through the interface that is provided by SAMS-STC via the SAMS-STC Platform for use in accessing the SAMS-STC Platform. The Job Poster/ SSO Poster also agrees not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the SAMS-STC Platform, SAMS-STC Services or any information available for access through the SAMS-STC Platform or SAMS-STC Services, except those automated means that SAMS-STC has approved in advance and in writing.
17. Use of the SAMS-STC Platform is subject to existing laws and legal processes. Nothing contained in these Terms of Service shall limit SAMS-STC’s right to comply with governmental, court, and law-enforcement requests or requirements relating to Job Posters'/ SSO Posters’ use of SAMS-STC Platform and Services.
18. Persons below the age of eighteen (18) years are not allowed to register with the SAMS-STC Platform. All persons and/or person representing the Job Poster/ SSO Poster (“Job Poster/ SSO Poster Representative”) delegated by the Job Poster/ SSO Poster to post jobs or any other opportunities on behalf of the Job Posters/ SSO Posters on the SAMS-STC Platform might be required by SAMS-STC to disclose their age at the time of getting access to the SAMS-STC Platform. If a Job Poster / SSO Poster Representative declares a false age, SAMS-STC shall not be held responsible and such person shall, in addition to forfeiting any and all rights over their SAMS-STC account. The Job Poster/ SSO Poster shall indemnify and hold SAMS-STC, its Directors, officers, employees, agents, affiliates harmless of any and all losses that may be suffered by SAMS-STC its Directors, officers, employees, agents, affiliates by virtue of such false declaration being made. In case the person making the false declaration is below the age of 18 such person’s legal guardians shall indemnify and hold SAMS-STC, its Directors, officers, employees, agents, affiliates harmless of any and all losses that may be suffered by SAMS-STC its Directors, officers, employees, agents, affiliates by virtue of such false declaration having been made by said person.
19. SAMS-STC shall not be held responsible for the content contributed by any Job Poster/ SSO Poster on the SAMS-STC Platform.

Eligibility

1. The SAMS-STC Platform is open only to persons above and equal the age of 18 years.
2. The SAMS-STC Platform is open only to persons and/or entities, currently residing in India.
3. Any person or Job Poster/ SSO Poster who wishes to participate in the SAMS-STC Platform must have a valid email address and/or mobile phone number.
4. SAMS-STC may on receipt of information bar a person and/or Job Poster/ SSO Poster from accessing their SAMS-STC account if such person and/or Job Poster/ SSO Poster is found to be in violation of any part of these Terms of Service or the Code of Conduct.
5. Only those Job Posters/ SSO Posters who have successfully registered on the SAMS-STC Platform shall be eligible to post jobs or other opportunities via the SAMS-STC Platform.

Dispute and Dispute Resolution

1. If any dispute arising out of, or in connection with, the SAMS-STC Services provided by SAMS-STC via the SAMS-STC Platform, the construction, validity, interpretation and enforceability of these Terms of Service, or the rights and obligations of the Job Poster(s) / SSO Poster (s) or SAMS-STC, as well as the exclusive jurisdiction to grant interim or preliminary relief in case of any dispute referred to arbitration as given below arises between the Job Poster(s) / SSO Posters (s) and SAMS-STC (“Dispute”), the disputing parties hereto shall endeavour to settle such Dispute amicably. The attempt to bring about an amicable settlement shall be considered to have failed if not resolved within 30 (thirty) days from the date of communicating the Dispute in writing.
2. If the parties are unable to amicably settle the Dispute as mentioned above, any party to the Dispute shall be entitled to serve a notice invoking Arbitration. The Dispute shall be referred to and finally resolved by arbitration. The Arbitration shall be conducted by an Arbitral Tribunal consisting of a sole arbitrator in accordance with the Rules of the Delhi International Arbitration Centre (“DIAC Rules”), which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be New Delhi. The language of the arbitration shall be English. The law governing the arbitration agreement shall be Indian Law.
3. Nothing shall preclude any Party from seeking interim or permanent equitable or injunctive relief, or both, from the competent courts at New Delhi, having jurisdiction to grant relief on any Disputes. The pursuit of equitable or injunctive relief shall not be a waiver of the duty of the Parties to pursue any remedy (including for monetary damages) through the arbitration described herein.
4. The arbitration award will be final and binding on the Parties.

Release and Limitations of Liability

1. The Job Poster/ SSO Poster shall access the SAMS-STC Services provided via the SAMS-STC Platform voluntarily and at their own risk. SAMS-STC shall, under no circumstances be held responsible or liable on account of any loss or damage sustained by the Job Poster/ SSO Poster or any other person or entity during the course of access to the SAMS-STC Platform and SAMS-STC Services.
2. By accessing the SAMS-STC Platform and SAMS-STC Services provided therein, Job Posters/ SSO Posters hereby release from and agree to indemnify SAMS-STC, and/or any of its directors, employees, partners, associates and licensors, from and against all liability, cost, loss or expense arising out their access of the SAMS-STC Platform and the SAMS-STC Services including (but not limited to) personal injury and damage to property and whether direct, indirect, consequential, foreseeable, due to some negligent act or omission on their part, or otherwise.
3. SAMS-STC accepts no liability, whether jointly or severally, for any errors or omissions, whether on behalf of itself or third parties in relation to the data/information collated and published on the SAMS-STC Platform.
4. The Job Poster/ SSO Poster shall be solely responsible for any consequences which may arise due to their access of SAMS-STC Services by conducting an illegal act or due to non-conformity with these Terms of Service and other rules and regulations in relation to SAMS-STC Services, including provision of incorrect personal details. The Job Poster/ SSO Poster also undertakes to indemnify SAMS-STC and their respective officers, directors, employees and agents on the happening of such an event (including without limitation the cost of attorney, legal charges etc.) on full indemnity basis for any loss/damage suffered by SAMS-STC on account of such act on the part of the Job Poster/ SSO Poster.
5. The Job Poster/ SSO Poster shall indemnify, defend, and hold SAMS-STC harmless from any third party/entity/organization claims arising from or related to such Job Poster's/ SSO Poster’s engagement with the SAMS-STC Platform. In no event shall SAMS-STC be liable to any Job Poster/ SSO Poster for acts or omissions arising out of or related to the Job Poster's/ SSO Poster’s engagement with the SAMS-STC Platform.
6. In consideration of SAMS-STC allowing the Job Poster/ SSO Poster to access the SAMS-STC Platform, to the maximum extent permitted by law, the Job Poster/ SSO Poster waives and releases each and every right or claim, all actions, causes of actions (present or future) each of them has or may have against SAMS-STC, its respective agents, directors, officers, business associates, group companies, sponsors, employees, or representatives for all and any injuries, accidents, or mishaps (whether known or unknown) or (whether anticipated or unanticipated) arising out of the provision of SAMS-STC Services.

Disclaimers

1. To the extent permitted under law, neither SAMS-STC nor its parent/holding company, subsidiaries, affiliates, directors, officers, professional advisors, employees shall be responsible for the deletion, the failure to store, the mis-delivery, or the untimely delivery of any information or material.
2. To the extent permitted under law, SAMS-STC shall not be responsible for any harm resulting from downloading or accessing any information or material, the quality of servers, products, SAMS-STC Services or sites.
3. Any material accessed, downloaded or otherwise obtained through the SAMS-STC Platform is done at the Job Poster's/ SSO Poster’s discretion, competence, acceptance and risk, and the Job Poster/ SSO Poster will be solely responsible for any potential damage to Job Poster's/ SSO Poster’s computer system/ mobile/ or any other digital Gadgets or loss of data that results from a Job Poster's/ SSO Poster’s download of any such material.
4. SAMS-STC shall make best endeavours to ensure that the SAMS-STC Platform is error-free and secure, however, neither SAMS-STC nor any of its partners, licensors or associates makes any warranty that:
   1. The SAMS-STC Platform will meet the Job Poster’s/ SSO Poster’s requirements;
   2. SAMS-STC Platform will be uninterrupted, timely, secure, or error free
   3. The results that may be obtained from the use of SAMS-STC Platform will be accurate or reliable; and
   4. The quality of any products, SAMS-STC Services, information, or other material that the Job Poster/ SSO Poster purchases or obtains through the SAMS-STC Platform will meet the Job Poster’s/ SSO Poster’s expectations.
5. In case SAMS-STC discovers any error, SAMS-STC reserves the right (exercisable at its discretion) to rectify the error in such manner as it deems fit, including through a set-off of the erroneous payment from amounts due to the Job Poster/ SSO Poster or deduction from the Job Poster's/ SSO Poster’s account of the amount of erroneous payment. In case of exercise of remedies in accordance with this clause, SAMS-STC agrees to notify the Job Poster/ SSO Poster of the error and of the exercise of the remedy(ies) to rectify the same.
6. To the extent permitted under law, neither SAMS-STC nor its partners, licensors or associates shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use our sites, even if we have been advised of the possibility of such damages.
7. Any SAMS-STC Service being hosted or provided, or intended to be hosted on the SAMS-STC Platform and requiring specific permission or authority from any statutory authority or any state or the central government, or the board of directors shall be deemed cancelled or terminated, if such permission or authority is either not obtained or denied either before or after the availability of the relevant SAMS-STC Services are hosted or provided.
8. To the extent permitted under law, in the event of suspension or closure of any SAMS-STC Services, the Job Poster/ SSO Poster shall not be entitled to make any demands, claims, of any nature whatsoever.

Grievance Redressal Mechanism

1. In case a Job Poster/ SSO Poster has any complaints or grievance pertaining to (i) any Content that a Job Poster/ SSO Poster believes violates these Terms (other than an infringement of Intellectual Property Rights), (ii) Job Posters’/ SSO Posters’ access to the SAMS-STC Platform or (iii) any Content which a Job Poster/ SSO Poster believes is, prima facie, in the nature of any material which is obscene, defamatory towards the complainant or any person on whose behalf such Job Poster/ SSO Poster is making the complaint, or is in the nature of impersonation in an electronic form, including artificially morphed images of such individual, please share the same with us by writing to: […..]
2. In the complaint or grievance, the Job Poster/ SSO Poster shall include the following information:
   1. Name and contact details: name, address, contact number and email address;
   2. Relation to the subject matter of the complaint, i.e. complainant or person acting on behalf of an affected person;
   3. The name and age of the person aggrieved or affected by the subject matter of the complaint, in case the Job Poster/ SSO Poster is acting on behalf of such person and a statement that the Job Poster/ SSO Poster is authorised to act on behalf of such person and to provide such person's personal information to SAMS-STC in relation to the complaint/grievance;
   4. Description of the complaint or grievance with clear identification of the Content in relation to which such complaint or grievance is made;
   5. A statement that the Job Poster/ SSO Poster believes, in good faith, that the Content violates these Terms and Conditions;
   6. A statement that the information provided in the complaint or grievance is accurate.
3. SAMS-STC respects the Intellectual Property Rights of others. All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the SAMS-STC Platform belonging to any person (including the Job Poster/ SSO Poster), entity or third party, are recognized as proprietary to the respective owners. The Job Poster/ SSO Poster is requested to send SAMS-STC a written notice/ intimation if the Job Poster/ SSO Poster notices any act of infringement on the SAMS-STC Platform, which must include the following information:
   1. A clear identification of the copyrighted work allegedly infringed;
   2. A clear identification of the allegedly infringing material on the SAMS-STC Platform;
   3. Contact details: name, address, e-mail address and phone number;
   4. A statement that the Job Poster/ SSO Poster believes, in good faith, that the use of the copyrighted material allegedly infringed on the SAMS-STC Platform is not authorized by the Job Poster's/ SSO Poster’s agent or the law;
   5. A statement that the Job Poster/ SSO Poster believes, in good faith, that the use of the copyrighted material allegedly infringed on the SAMS-STC Platform is not authorized by the Job Poster's/ SSO Poster’s agent or the law;
   6. A statement that the information provided in the notice is accurate and that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;
   7. The Job Poster's/ SSO Poster’s signature or a signature of the Job Poster's/ SSO Poster’s authorized agent.

   The aforesaid notices can be sent to the Company by email at: grievance@samsstc.com

4. On receiving such a complaint, grievance or notice, SAMS-STC reserves the right to investigate and/or take such action as SAMS-STC may deem appropriate. SAMS-STC may reach out to the Job Poster/ SSO Poster to seek further clarification or assistance with the investigation, or verify the statements made in the complaint, grievance or notice, and the Job Poster/ SSO Poster acknowledges that timely assistance with the investigation would facilitate the redressal of the same.

5. The name and title of the Grievance Redressal Officer is as follows:

   Name: Mr. Kafil Akhtar

   Email: grievance@samsstc.com

   Address:
   1/1-B (Ground Floor) Choudhary Hetram House
   Bharat Nagar, New Friends Colony New Delhi-110 025

   The Grievance Officer has been identified above pursuant to the provisions of applicable Laws in force including but not limited to the Information Technology Act, 2000,  and the Consumer Protection Act, 2019, and the Rules enacted under those laws. The Company reserves the right to replace the Grievance Redressal Officer at its discretion through the publication of the name and title of such replacement on its website, which replacement shall come into effect immediately upon publication.

Other Paid Services

1. When you subscribe to our other paid Services you agree to adhere to the additional terms specific to the Services (“Paid Services”) that you are availing which shall be agreed to by the parties in writing before availing the Services.
2. Your access to the SAMS-STC Platform, your ability to post jobs/opportunities and access candidate profiles and/or receive response against the posted requirement shall be determined by the specific Paid Services that you avail of. SAMS-STC reserves the right to change the nature and/or manner of delivery of the Paid Services at any time without liability to SAMS-STC. SAMS-STC also reserves the right to suspend or discontinue any Paid services or part(s) thereof, either temporarily or permanently, without the requirement for prior intimation or liability to SAMS-STC.
3. By accepting these Terms and Conditions you specifically waive the right to make any claim against SAMS-STC if such Paid Services are suspended or discontinued.
4. SAMS-STC shall, in its sole discretion, determine if any refunds are due and payable to you for non-provision of the Paid Services. Any and all refunds shall only be made pro-rata to the usage of Paid Services; under no circumstances shall refunds be made for the full amount paid by you for the purchase of the Paid Services.

5. To access the Paid Services you must purchase a specific Paid Service. Paid Services currently being offered by SAMS-STC are as under and shall be delivered as per the specific terms set out below-

   Job Posts -

   1. For each Job Post that you wish to publish via the SAMS-STC Platform, you shall pay a specified fee for each Job Post.
   2. The validity of the Job Post is the specified period it shall remain live on SAMS-STC Platform.
   3. SAMS-STC reserves the sole right to vary the period of validity of a Job Post.

   SSO Posts -

   1. For each SSO Post that you wish to publish via the SAMS-STC Platform, you shall pay a specified fee for each SSO Post.
   2. The validity of the SSO Post is the specified period it shall remain live on SAMS-STC Platform.
   3. SAMS-STC reserves the sole right to vary the period of validity of a SSO Post.

   Database Views –

   1. Against payment of a specified fee you shall be eligible to view the CVs/ Resumes of candidates’ profiles (each a “Database View”).
   2. The number of Database Views that you are eligible for shall be determined on the basis of  subscription opted.
   3. SAMS-STC reserves the sole right to vary the number of Database Views  

   Period specific subscriptions -

   1. You shall be eligible to receive access to specified Job Posts and/or Database Views against the purchase of a subscription (“Subscription Plan”) via the SAMS-STC Platform.
   2. You will have access to the SAMS-STC Platform for the period defined in the Subscription Plan that you purchase.
   3. Every Subscription Plan shall be valid for a specified length of time (“Subscription Validity”).
   4. Every Subscription Plan shall entitle you to a specified number of Job Posts, views and/or downloads of the database of candidates’ profiles (“Database Views”).
      If you exhaust the number of Job Posts or Database Views during the Subscription Validity, you may be required to pay an additional amount to put up more Job Posts or gain further Database Views, as the case may be. SAMS-STC reserves the right to allow a top-up of the existing Subscription Plan or might require you to purchase an additional Subscription Plan. Such determination as to whether a top-up shall be allowed or if a fresh Subscription Plan is to be purchased shall be determined by the nature of your initial Subscription Plan as well as the Paid Services and Subscription Plan offered by SAMS-STC at the time of such additional purchase.

Fair usage -

Notwithstanding your specific Subscription Plan, SAMS-STC reserves the right to limit the number of Job Posts and/or Database Views to, inter alia ensure protection of SAMS-STC’s and candidates data as well as to maintain efficiency of the SAMS-STC Platform.

1. SAMS-STC, further, reserves the right to remove a Job Post, reduce its visibility or restrict responses to a Job Post if, in SAMS-STC’s sole discretion, the Job Post has received a sufficient number of responses.
2. SAMS-STC reserves the right to limit Database Views if, in SAMS-STC’s sole discretion, SAMS-STC is of the opinion that you have viewed or downloaded a sufficient number of candidate profiles either in relation to a specific Job Post or in relation to the overall Services being provided by SAMS-STC and your usage of the SAMS-STC Platform.

Marketing

SAMS-STC may use the Job Poster’s/ SSO Poster’s name and logo to identify the Job Poster/ SSO Poster as a customer of SAMS-STC for marketing, promotion of Job Poster/ SSO Poster for specific category of Services, Job Poster’s/ SSO Poster’s job/ opportunity, outreach purposes on SAMS-STC Platform, SAMS-STC’s website, social media platforms and to create marketing materials with the prior written consent of the Job Poster/ SSO Poster. The Job Poster/ SSO Poster grants SAMS-STC a limited, revokable and royalty free license for use of marks for the purpose of this clause and provision of SAMS-STC Services.