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TERMS AND CONDITIONS
1. INTRODUCTION
1.1 Purpose
CutShort (hereinafter referred to as "Website") is an online platform for professionals to meet, exchange ideas, learn, and find opportunities or employees, work, and make decisions in a network of trusted relationships.
1.2 Agreement
Website is operated and managed by AppyHappy Software Private Limited (hereinafter referred to as "Company" or "We" or "Us" or "CutShort"). You can access the Service via our websites and software applications ("App(s)"), which together constitute the Service.
The creation of an Account and continued usage of the Apps, constitutes consent on part of you to all terms of this Agreement and all associated and attached documents. Parties to this agreement are you and CutShort (hereinafter referred to collectively as "Parties"). This Agreement is solely for the provision of Services. You agree that by clicking on "Register", "Sign up" (or similar) to register for our services ("CutShort" or "Voila"), you are entering into a legally binding agreement, enforceable in a court of law.
This "Agreement" includes this User Agreement and the Privacy Policy, and other terms may be amended by Us from time to time, without prior intimation of the same. Continued usage of the Apps shall be construed as consent and acceptance of these terms and conditions.
Please note that we do not provide warranties for the Service. The Terms of Service also limits our liability.
2. OBLIGATIONS
2.1 Service Eligibility
To use the Services, you agree that:
  1. You must be 18 years or older
  2. You will only have one CutShort account, which must be in your real name and
  3. You are not already restricted by CutShort or any other law or order in force from using the Services.
2.2 Your Account
We take no responsibility for any and all activity on your account and no liability lies on us in case of unauthorized use or misuse of your account. Your account belongs to you. You agree to:
  1. Try to choose a strong and secure password
  2. Keep your password secure and confidential
  3. Not transfer any part of your account (e.g., connections, groups) and
  4. Follow the law and the terms and conditions of use below.
You are responsible for anything that happens through your account unless you close it or report misuse.
Note that for Premium Services purchased by another party for you to use (e.g. Recruiter seat bought by your employer), the party paying for the Premium Service cam terminate your access to the Premium Services, and we are not liable for the same.
In case of suspicious activity on your account, we reserve the right to block access or suspend your account without refunds for any service you had paid for.
2.3 Usage
  1. If you’re using CutShort for recruiting, you can only do so to fill jobs at the company you are employed with. Adding jobs or soliciting users to fill jobs at a different company (as a recruiting agency) is against the terms of usage and may lead to suspension or termination of your account.
  2. You must create an account under your real name and provide a recent profile picture that is of your likeness alone. Use of any other profile pictures may lead to suspension of your account at our discretion. You must provide accurate data while signing up with CutShort in accordance with the form layout.
  3. You may not imply or state any endorsement or affiliation with CutShort.
  4. In using the Service you may not engage in, facilitate or further unlawful, illegal, fraudulent, harmful or unethical conduct, or do anything in connection with unlawful, illegal, fraudulent or harmful purpose or activity. During use of the service, you shall comply will all applicable laws including, without limitation, all intellectual property laws as well as all regulatory requirements.
  5. You may not use the Service in a way that harms us or our advertisers, affiliates, or customers, or use any portion of the Service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages ("spam"). You may not use any automated process or service to access and/or use the Service or use any unauthorized means to modify or reroute, or attempt to modify or reroute, the Service. You may not damage, disable, overburden, or impair the Service (or the network(s) connected to the Service or interfere with anyone's use and enjoyment of the Service. You must not conduct any systematic or automated data collection activities on or in relation to CutShort.
  6. You must not:
    1. Republish material from this website
    2. Sell, rent or sun-license material from the website
    3. Show any material from the website in public
    4. Reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose other than what is allowed under these terms and conditions
    5. Edit or otherwise modify any material on the website
    6. Redistribute material from this website (except for content specifically and expressly made available for distribution)
2.4 Notices and Services Messages
You agree that we may provide notices to you in the following ways:
  1. A banner notice on the Service
  2. An email sent to an address you provided
  3. Through other means including mobile number, telephone, or mail
  4. Follow the law and the terms and conditions of use below.
You agree to keep your contact information up to date and we are not liable for any action or damages that rise from your providing incorrect or out-dated information.
2.5 Messages & Sharing
Our Services allow messaging and sharing of information in many ways. Information and content that you share or post may be seen by other Users or, if public, by Visitors. Where we have made settings available, we will honour the choices you make about who can see content or information. Note that other activities, such as applying for a job or sending a private message, are by default private, only visible to the addressee(s).
We are not obligated to publish any information or content on our Service and can remove it in our sole discretion, with or without notice.
2.6 "CutShort Credits" & Payment
While using the Service, you may be awarded certain reward points which are called "Credits". You understand and accept that these reward points have no monetary value and CutShort may, but is not liable to allow them to be redeemed against purchase of premium services on CutShort. These Credits are non-transferable to any other parties and cannot be exchanged for money or used for any other purpose.
If you buy our paid Services ("Premium Services"), you will be given an invoice that will describe any taxes or duties paid by us.
  1. A banner notice on the Service
  2. An email sent to an address you provided
  3. Through other means including mobile number, telephone, or mail
  4. Follow the law and the terms and conditions of use below.
You agree to keep your contact information up to date and we are not liable for any action or damages that rise from your providing incorrect or out-dated information.
3. RIGHTS AND LIMITS
3.1 Your license to CutShort
As between you and CutShort, you own the content and information that you submit or post to the Services and you are only granting Us the following non-exclusive license: A worldwide, transferable and sub-licensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through our Services, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:
  1. You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied or stored it and (b) for the reasonable time it takes to remove from backup and other systems
  2. We will request your consent if we want to give others the right to publish your posts beyond the Service. However, other Members and/or Visitors may access and share your content and information, consistent with your settings and degree of connection with them
  3. We may edit and make formatting changes to your content (such as translating it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression
You agree to only provide content or information if that does not violate the law, any agreement in force, nor anyone's rights, including a person’s right to privacy. You also agree that your profile information will be truthful and you shall use your legal name and actual photo for the profile. CutShort reserves the right to suspend or terminate your account with us, if there is any fraud or misrepresentation found in your content and information which you provided to us.
3.2 Service Availability
We may change, suspend or end any Service, or change and modify prices prospectively in our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you.
3.3 CutShort Content
The Website, the Services, and their contents may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Website or in the Services, including, but not limited to text, graphics, articles, photographs, images, illustrations (also known as the "CutShort Content,") are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content or data accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any CutShort Content or other proprietary rights not owned by you without the express prior written consent.
3.4 User Generated Content
We don’t generally review content provided by our Users and Users are personally liable for any information or content provided by them. By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. You agree that we are not responsible for content you find on CutShort or for any damages as result of your use of or reliance on it.
3.5 Limits on Usage
CutShort reserves the right, without notice or liability; to at its sole discretion to change, suspend or discontinue any aspect of your account or terminate your account, due to any material breach by you of the terms and conditions of this Agreement, or any action on part of you, prohibited under any law or regulation in force, leading to misuse of any kind, as determined by CutShort.com in its sole and complete discretion.
3.6 Software and Apps
Using the Service may require you to download and install client software ("App(s)") on your smartphone, tablet computer, PC or otherwise. CutShort provides you a limited, nonexclusive, non-transferable, revocable license to use the App(s), solely to access the Service. Your license to use the Software is automatically revoked if you violate these Terms. You may not reverse-engineer, copy, distribute, modify, lease, or sell any part of our Service. CutShort may update App(s) installed on your devices when a new version becomes available.
3.7 Trademark and Copyright
"CutShort" is a registered trademark of AppyHappy Software Pvt. Ltd. The Software and other technology we use to provide the Service are protected by copyright, trademark, and other laws of both India and foreign countries. These Terms do not grant you any rights to use the CutShort trademarks, logos, domain names, or other brand features.
3.8 Nature of Relationship between parties
The Parties are independent contractors. None of the Parties have any right, power or authority to enter into any agreement for or on behalf of, or incur any obligation or liability of, or to otherwise bind the other Parties. These Terms of Service do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and AppyHappy Software Pvt. Ltd.
4. DISCLAIMER & LIMITS OF LIABILITY
4.1 No Warranties
Cutshort provides the Service on "as-is" and "as-available" basis, with all faults and as available with no guarantee to the accuracy or timeliness of information available from the Service. CutShort gives no express warranties, guarantees or conditions and exclude any implied warranties. We also disclaim any warranties of merchantability, fitness for a particular purpose or non-infringement. CutShort has no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Service.
4.2 Hold Harmless
You agree to indemnify, defend and hold harmless AppyHappy Software Pvt. Ltd., subsidiaries, affiliates, officers, directors, employees, consultants, agents, successors and assigns from any and all third party claims, liability, damages, costs or demands, including, but not limited to, attorneys' fees, arising from
  1. Your use of the Service, including, but not limited to, all content therein and any products or services obtained by you through the Service,
  2. The violation of these Terms of Service by you,
  3. The infringement by you (or other user of the Service using your account) of any intellectual property or other right of any person or entity; or
  4. Your violation of any applicable law or regulation.
4.2 Refunds
Cutshort does not offer refunds. The services are offered "as is" and "available-as" basis and no guarantees or warranties are provided with regards to the end benefit to you as a user. The payment made to Us, is independent of end result of the association between us and you.
  1. Your use of the Service, including, but not limited to, all content therein and any products or services obtained by you through the Service,
  2. The violation of these Terms of Service by you,
  3. The infringement by you (or other user of the Service using your account) of any intellectual property or other right of any person or entity; or
  4. Your violation of any applicable law or regulation.
5. GENERAL TERMS
5.1 Confidentiality
The Parties shall as applicable, keep all information and other materials passing between them and any other Parties in relation to the transactions envisaged by and undertaken in the course of this Agreement, and also in relation to the Apps, confidential and shall not divulge any information to any other Person or use the information other than for carrying out the purposes of this Agreement except:
  1. To the extent such information is in the public domain.
  2. To the extent such information is required or requested to be disclosed by any applicable Law or any applicable regulatory requirements or body to whose jurisdiction the Parties are subject
  3. To the extent that such information is later acquired by such Party from a source not obligated to any other Party, or its Affiliates to keep such Information confidential.
  4. To the extent that such information was already known or in the lawful possession of a Party prior to disclosure by any other Party.
  5. To the extent that any information, materially similar to the Information, shall have been independently developed by a Party without reference to any Information furnished by any other Party.
5.2 Severability
All provisions of this Agreement shall be severable and no such provisions shall be affected by the invalidity of any other provision to the extent that such invalidity does not also render such other provisions invalid. In the event of the invalidity of any provision, this Agreement shall be interpreted and enforced as if all the provisions thereby rendered invalid were not contained herein. If any provision of this Agreement shall be susceptible to two interpretations, one of which would render the provision invalid and the other of which would cause the provision to be valid, such provision shall be deemed to have the meaning which would cause it to be valid. If any provision of this Agreement shall be prohibited by or adjudicated by a court to be unlawful, void or unenforceable such provision shall to the extent required, be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement and shall not in any way affect any other provisions or the validity or enforcement of this Agreement.
5.3 Waiver
Any Party’s delay or failure to exercise any right, power or privilege under this Agreement shall not operate as a waiver; nor shall any single or partial exercise of any right, power of privilege preclude any other or further exercise thereof.
Any waiver of a right, power or privilege under this Agreement on any single occasion, shall not prevent a Party from subsequently, on any subsequent occasion, requiring and enforcing compliance with the obligations under this Agreement.
6. TERMINATION
CutShort may terminate or suspend your service account or ability to use the Service, in whole or in part, at its sole discretion, for any or no reason, and without notice or liability of any kind. For example, your service account may be terminated or suspended if you misuse the Service. Any such termination or suspension could prevent you from accessing the Service and Your Content, or any other information related to the use of the Service. You may cancel your service account at any time, with or without cause.
Any amounts owed by either party prior to termination remain owed after termination
7. JURISDICTION AND GOVERNING LAW
The Service is controlled and operated by AppyHappy Software Pvt. Ltd. from India, and is not intended to subject AppyHappy Software Pvt. Ltd. to the laws or jurisdiction of any territory other than that of India. AppyHappy Software Pvt. Ltd. does not represent or warrant that the Service or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access the Service do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. AppyHappy Software Pvt. Ltd. may limit the Service's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
You agree that your information may be transferred to, stored, and processed where our servers and central database are located and operated, and in using our services, you agree that your information may be transferred to our facilities and those third parties with whom we share it as described in our Privacy Policy
These Terms of Service shall be governed by and construed in accordance with the laws of Pune, India, without giving effect to any principles of conflicts of law. The jurisdiction of any action arising shall lie exclusively with the Courts at Pune, India.
8. CHANGES TO THE TERMS OF SERVICE
We may revise this Terms of Service from time to time, without prior notice in the interest of bettering and furthering our Services. The latest copy will always be available on our website and the onus shall lie on you to keep yourself informed of changes from time to time. If changes to this Terms of Service are made, that in our sole discretion, are material, we will notify you either by posting a notice of such changes and/or via the email associated with your Service account. By continuing to access or use the Service after those changes become effective, you agree to be bound by the revised Terms of Service.
8. ADDITIONAL TERMS FOR "PERSONAL ASSISTANCE SERVICE"
Company offers an optional "Personal Assistance Service", (hereafter called as "Package") - an optional premium service for the purpose of identifying and locating the requisite talent and candidate for designated posts, as requested by employers wanting to use said service. If you are using this service, you agree to be bound by additional terms that will be shared with you separately. In case of any differences, those terms will supersede the terms described in this document.
8. COMPLAINTS, NOTICES AND FEEDBACK
We respect the intellectual property rights of others. We require that information posted by Users be accurate and not in violation of the intellectual property rights or other rights of third parties. If you find any user or content that is not accurate or truthful, you can email us any complaints on complaints@cutshort.io
You may also notify us or send feedback on:
AppyHappy Software, Building C, Flat 20, Saidatt Residency, Baner road, Baner, Pune, MH India 411045
Last updated on 10th January 2017