Terms Of Use


  1. INTRODUCTION
    1. This website, i.e https://apli.ai (“Website”) and/or its application Apli (“Application”)(collectively known as “Platform”)(as the case may be) is operated by ApliAilabPrivate Limited, and having its registered office at 9981 3 Siddhivinayak Society AnandGadh Park Site Vikhroli Mumbai City MH 400079 IN (hereinafter referred to as “Apli” or “us” or “we” or “our”) for facilitating the candidates artificial intelligence-based platform for easy job placement, wherein, Apli aims to bridge the gap between corporates, academic institutions and students for the process of up skilling and hiring(“Services”). These Terms (as defined below) were updated as on [•][13 October 2021].
    2. These terms of use (“Terms”) govern the terms of usage of our Platform. These Terms constitute an electronic document published in accordance with the provisions of the Information Technology Act, 2000 (“Act”) and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“Rules”), as amended from time to time.
  2. GENERAL

    You can determine when these Terms were last revised by referring to Clause 1.1 of these Terms. Apli reserves the right to make any changes to this Terms at its sole discretion, subject to the Act and the Rules and it is your duty to periodically check the Terms for any such updates. By accessing the Platform, you agree that you are using the Platform solely at your discretion and in no way did Apli induce or invite or solicit you to visit this Platform. You should not modify or edit or alter or use any content from the Platform in any manner to hamper the position of Apli.

  3. ELIGIBILITY AND CONSENT
    1. By accessing the Platform, the recruiter(s), (“Recruiter” or “Recruiters” or “you” or “yours”) acknowledge that they have read, understood, and agree to these Terms. Recruiter shall mean an individual visiting and using the Platform for the purpose of hiring candidates and providing job placements/internships/any other full time or part time role.
    2. The Platform is not intended for anyone under 18 (eighteen) years of age. You affirm that you are above 18 (eighteen) years of age and are fully able and competent to enter into the Terms, conditions obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. However, if the Recruiters are minors, i.e., under the age of 18 (eighteen) years (“Minors”), such Minors must use this Platform under the supervision of a parent or a legal guardian who agree to be bound by the Terms.
    3. If you are under 18 (eighteen) years of age who is intending to avail the Services on the Platform, you should do so through your legal guardian in accordance with applicable law.
    4. It is clarified that all references to “he”, “his”, “him” and “himself”, in the context of the Recruiters, shall be deemed to include references to Recruiters of the opposite gender as well as Recruiters who are legal or non-natural entities.
  4. PRIVACY POLICY
    1. The Recruiters agree that they have read through the privacy policy (“Privacy Policy”) that is provided on the Platform and have understood and agreed to the Terms incorporated therein.
    2. The Recruiters further consent to the use of their personal information and non-personal information by Apliin accordance with the terms of and for the purposes set forth in the Privacy Policy.
  5. USE OF PLATFORM
    1. Subject to your acceptance of these Terms, you acknowledge and undertake that you are accessing the Platform including all its features at your own risk, and that you are using your best and prudent judgment before entering into any transactions with Apli.
    2. You may be required to sign up in order to access and use certain features of the Website. If you choose to sign up, you agree to provide and maintain true, accurate, current and complete information about you. You are responsible for any activity that occurs under your account. You agree to immediately notify Apli of any unauthorized use of your account or any other breach of security.
    3. Apli does not endorse any opinions or views that may be included in the Platform content, or other information provided through our Services. Your reviews on our Service/s does not form a professional relationship between Apli and you.
    4. Website
      1. The Website shall be best viewed on the latest version of Google Chrome, Firefox, Safari, Microsoft and are accessible on the Devices.
      2. The Website is best accessed from the following operating systems, (a) Windows XP or above, (b) Linux or above, (c) MAC OS 10.2 or above.
      3. The contents of the Website are best viewed with the latest version of Adobe Flash Player.
      4. The Website is JavaScript and cookie enabled to collect information
      5. Further, Apli reserves the right to upgrade the Website from time to time to provide its Website in the best possible manner.
    5. Third-Party Links: The Platform may contain links to websites or applications offered by third parties, including advertisements and promotions (“Third-Party Sites”). We don’t control or promote Third-Party Sites. Your use of any Third-Party Sites is entirely at your own risk and we are not responsible for any of the consequences faced by you for using these Third-Party Sites. We are not responsible for the practices employed by any websites or services linked to or from our Websites, including the information or content contained within them. Apli does not make any representations concerning the privacy practices or policies or terms of use of such Third-Party Sites, nor does it control or guarantee the accuracy, integrity, or quality of the information, data, text, software, music, sound, photographs, graphics, videos, promotional advertisements or other materials available on such Third-Party Sites. The inclusion or exclusion does not imply any endorsement by Apli of the Third-Party Sites, the Third-Party Site’s provider, or the information on such Third-Party Sites.
  6. TERMS OF SERVICE FOR RECRUITERS
    1. You will comply with all applicable data protection laws in relation to the processing of personal data. You will not process personal data in an unlawful manner and excessive with regard to agreed purposes as defined in Apli’s Privacy Policy and this Terms.
    2. You shall implement adequate technical and organizational controls to protect the shared personal data obtained from Apli against unauthorised or unlawful processing and against accidental loss, destruction, damage, alteration or disclosure.
    3. You agree and acknowledge that candidates who wish to indicate an interest in job ads (“Job Ads”) posted by the Recruiter may only do so through the Platform, and that Apli will send applications to the email address you provide us with.
    4. You also agree that Apli may activate a chat bot, which enables candidates to apply to your Job Ad by answering questions. The answers a candidate submits are presented to you as a job application.
    5. You consent to any information shared through Apli being processed and analyzed by Apli according to this Terms and Apli’s Privacy Policy. Apli may store such information regardless of whether a job vacancy has been filled.
    6. By posting/uploading Job Ads on the Website you confirm that you have obtained all licenses/permits as are necessary for recruitment and to indemnify Apli against all claims, damages arising out of actions/claims that may be made in relation to the same.
    7. You may receive emails, messages or email notifications corresponding with your or a candidate’s activity on the use of the Platform. If you wish to interview a candidate, it is your responsibility to follow up with the candidate separately to ensure they know about the interview, do not rely on the notifications sent through Apli.
  7. PRICING
    1. The Recruiters may choose to use the free version of the Services or the subscription based paid-services (“Paid Version”).
    2. Apli does not charge any fees for using/accessing the Platform. However, Apli may charge the Recruiters for subscribing/upgrading to Paid Version features on the Website. The features available on the Website are as follows:
      1. Kickstart/Freemium:Apli does not charge fee to subscribe to Kickstart/Freemium.Apli allows upto 45 (forty-five) applicants to apply on a Job Ad posted by the Recruiter if the Recruiter subscribes to Kickstart/Freemium. The Job Ad posted by the Recruiter through Kickstart shall expire on the 10th (tenth) day from the date of posting the Job Ad.
      2. Branding: The Recruiter can subscribe/upgrade to Branding. The Recruiter shall be charged a fee of INR 5000 (Indian Rupees Five Thousand only) per Job Ad for subscribing/upgrading to branding. In addition to the facilities available under the Kickstart scheme, Apli may provide to the Recruiter premium filters, AI based application screening support, job promotion support. The Job Ad posted by the Recruiter through this feature shall expire within 30 (thirty) days.
      3. Money Back: If the Recruiter subscribes to Money Back scheme, the Recruiter gets a full money back guarantee in the event the Recruiter fails to find a suitable candidate in accordance with the Job Ad. The Recruiter shall get features of Branding, automated job description support, a recruitment manager who will facilitate the recruitment, replacement of the candidate if the candidate leaves within 75 (seventy-five) days of joining. The Recruiter shall be charged a fee amounting to8.33% (eight point three three per cent) which shall be equivalent to one-month of the cost to company (CTC) out of which INR 4,000/- (Indian Rupees Four Thousand only) shall be charged in advance from the Recruiter per job per candidate, in case the Recruiter hires a suitable candidate using the services under Money Back scheme.
      4. Enterprise: The Recruiter may subscribe to Enterprise for hiring suitable candidates in bulk. If the Recruiter subscribes to Enterprise, the Recruiter gets features of Branding, automated job description support, a recruitment manager who will facilitate the recruitment, replacement of the candidate. The Recruiter shall be charged an advance amount which may be mutually agreed between the Recruiter and Apli. Further, the outstanding amount shall be paid upon the hiring of the suitable candidate. If the selected candidate joins the Recruiter and leaves within 75 (seventy-five) days of joining, then Apli shall facilitate the Recruiter to find a replacement of such candidate.
    3. Apli reserves the right to determine the pricing of the Services. Apli, at its sole discretion, may make promotional offers with different features and different pricing for the Services. These promotional offers, unless made to you, will not apply to your offer or this Terms.
    4. You shall be responsible for payment of all fees/costs/charges associated with the subscription of Services from us and you agree to bear any and all applicable taxes including but not limited to GST, duties and cesses, delivery fees, payment gateway charges, etc.
    5. The payments shall be made by the Recruiters through valid debit/credit card/internet banking over a secure payment network.
    6. The relevant Recruiters are responsible for the accuracy and authenticity of the information provided by them to Apli, including the bank account details and any other information requested during the payment process. The Recruiters agree and acknowledge that Apli shall not be liable and in no way be held responsible for any losses whatsoever, whether direct, indirect, incidental or consequential, including without limitation any losses due to delay in the processing of payment instruction.
    7. Apli shall not be held responsible and shall not assume any liability in respect of any loss or damage suffered directly or indirectly by a Recruiter owing to:
      1. lack of authorization for any transactions;
      2. the exceeding of the credit/debit limit mutually agreed between the Recruiter and the issuing bank;
      3. any payment issue arising out of technical glitches occurring during a transaction; or
      4. a declination of transaction for reasons beyond Apli’s control.
    8. We only charge fee when you choose to subscribe to our Services. We do not charge any fee for browsing the Website. However, Apli reserves the right to change its fee from time to time. For instance, Apli may at its sole discretion introduce new services and modify the existing Services. In this case, Apli reserves the right to charge fees for the new services offered or amend/introduce fees for existing Services, as the case may be.
  8. INTELLECTUAL PROPERTY
    1. Unless otherwise agreed, you will not acquire any rights in any intellectual property on the Platform or in their labels which include trademarks or brand logos and any such rights which you may by law acquire will be assigned automatically to Apli. You agree not to remove deface or cover up any name plates, logos or trademarks appearing on the Platform. Apli owns all right, title, and interest in and to Apli's registered and unregistered, domestic and foreign, trademarks, service marks, trademark applications, service mark applications, trade names, patents, patent applications, copyrights, copyright applications, discoveries, know-how and trade secrets of and relating to the Platform, including any and all templates created by Apli. No one may copy, reproduce, transmit, post, distribute or create derivative works from the Platform without express, prior written authorization from Apli. No rights are granted to you hereunder other than as expressly set forth herein.
    2. You may not decompile, reverse engineer, or disassemble the contents of the Platform or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform or remove any copyright, trademark registration, or other proprietary notices from the contents of the Platform.
    3. You will not (a) use the Services for commercial purposes of any kind, or (b) advertise or sell the domain names or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind, or (c) use the Platform in any way that is unlawful, or harms Apli or any of its Representatives(as defined here in below).
  9. AGREEMENT TO RECEIVE MAILS AND NOTIFICATIONS

    You by way of accepting these Terms consent to the receipt of communication from Apli by way of e-mails, newsletters and Short Message Service (SMS) notifications. You expressly grant us permission to contact you in the abovementioned ways for updating you about our Services or for marketing or promotional purposes. You shall indemnify Apli for any liabilities including financial penalties, damages, reasonable expenses if the Candidate’s mobile number is registered with Do not Call (DNC) Database. If you do not wish to receive communication from Apliby way of e-mails, newsletters and SMS notifications anymore, you can send an email to [email protected]

  10. CONDUCT OF THE RECRUITERS
    1. You hereby agree, undertake and covenant that, during the use of the Website, you shall not host, display, upload, modify, publish, transmit, update or share any information that:
      1. belongs to another person and to which the you do not have any right;
      2. is harmful to child;
      3. is harmful to child;
      4. infringes any patent, trademark, copyright or other proprietary rights;
      5. violates any law for the time being in force;
      6. deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
      7. impersonates another person;
      8. 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;
      9. contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
      10. 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;
      11. provides instructional information about illegal activities such as making or buying illegal weapons or any other objects, violating someone's privacy, or providing or creating computer viruses;
      12. tries to gain unauthorized access or exceeds the scope of authorized access to the Platform;
      13. engages in commercial activities without Apli’s prior written consent such as engages in contests, sweepstakes, barter, advertising etc; or
      14. interferes with another users use and enjoyment of the Platform;
    2. You may not decompile, reverse engineer, or disassemble the contents of the Platform and/or the Services or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform or remove any copyright, trademark registration, or other proprietary notices from the contents of the Platform.
    3. You will not (a) use the Platform for commercial purposes of any kind, or (b) advertise or sell the domain names or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind, or (c) use the Platform in any way that is unlawful, or harms Apli or any of its Representatives(as defined here in below).
  11. CONFIDENTIALITY

    As elaborated under the Privacy Policy, Apli will keep all confidential information confidential, including your personal information, and shall not disclose it to anyone except as provided in the Terms and required by law, and shall ensure that such confidential information is protected with security measures and a degree of care that it would apply to its own confidential information. Apli acknowledges that its employees, directors, agents and contractors (“Representatives”) shall use the confidential information only for the intended purpose for which it is provided. Apli shall use all reasonable endeavours to ensure that its Representatives acknowledge and comply with the provisions of these Terms of confidentiality.

  12. PROPRIETARY RIGHTS

    The Platform is protected by copyright laws as well as other intellectual property laws as applicable. Apli and its licensors shall retain ownership in and to the Platform and to all related intellectual property rights, including without limitation copyrights, trademarks, trade names, database rights and patents. You are granted only a limited right to use the Website subject to this Terms and no intellectual property rights are or will deemed to be transferred or licensed or assigned to you except as contemplated herein.

  13. INDEMNIFICATION

    You agree to indemnify and hold harmless Apli, its owners, licensors, suppliers, affiliates, subsidiaries, group companies (as applicable) and their Representatives, from any claims, suits, proceedings, disputes, demands, liabilities, damages, loss, costs, demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of the Recruiter’s breach of these Terms, Privacy Policy and other policies, or the Recruiter’s violation of any law, rules or regulations or the rights (including infringement of any intellectual property rights) of a third party.

  14. FEEDBACK AND SURVEYS

    Any feedback you provide with respect to the Platform or the Service or any surveys undertaken by us shall be deemed to be non-confidential. The Platform shall be free to use such non-confidential information on an unrestricted basis. Further, by submitting your feedback and survey data, you represent and warrant that (i) your feedback and survey data does not contain confidential or proprietary information of you or of third parties; (ii) Apli is not under any obligation of confidentiality, express or implied, with respect to the feedback and survey data; and (iv) you are not entitled to any compensation or reimbursement of any kind from Apli for the feedback or survey data under any circumstances, unless specified.

  15. ASSIGNMENT

    Apli reserves the right, at its own discretion, to freely assign and transfer the rights and obligations under these Terms to any third party.

  16. TERMINATION
    1. Termination of your account by us
      1. Apli, in its sole discretion, may modify, suspend, or terminate access to, all or any portion of the Website at any time for any reason including termination for breach of any of these Terms.
      2. The disclaimer of warranties, the limitation of liability, and the governing law provisions shall survive any termination of these Terms.
    2. Termination of your account by you: Your only remedy with respect to any dissatisfaction with (i) the Website, (ii) any term of this Terms, (iii) any policy or practice of Apli in operating the Website, or (iv) any content or information transmitted through the Platform, is to terminate the Terms and your account with Apli and stop using the Website.
  17. DISCLAIMER OF WARRANTIES

    THE PLATFORM AND ALL INFORMATION, CONTENT, MATERIALS ON OR OTHERWISE MADE AVAILABLE TO THE RECRUITER THROUGH THE WEBSITE ARE PROVIDED BY APLI ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. APLI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PLATFORM, THE ACCURACY OR COMPLETENESS OF THE CONTENTS AND THE ACCURACY OF THE INFORMATION. THE RECRUITER EXPRESSLY AGREES THAT THE USE OF THE WEBSITE IS AT THE RECRUITER’S SOLE RISK. APLI WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PLATFORM OR THE CONTENTS INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, APLI DISCLAIMS ANY AND ALL LIABILITIES ARISING OUT OF THE USE OF THE PLATFORM, REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE PLATFORM AND ITS CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

  18. LIMITATION OF LIABILITY

    IN NO EVENT SHALL APLI, OR ITS REPRESENTATIVES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE RECRUITER’S ACCESS TO AND USE OF THE WEBSITE; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT APLI IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE ABOVE AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, THE MAXIMUM AGGREGATE LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR EQUITY) OF APLI VIS-À-VIS ANY EMPLOYER, REGARDLESS OF THE FORM OF CLAIM, SHALL BE LIMITED TO THE AGGREGATE OF FEES PAID BY THE RECRUITER TO APLI. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN.

  19. SEVERABILITY AND WAIVER

    These Terms, the Privacy Policy and other referenced material herein or on the Platform, are the entire agreement between you and Apli with respect to the services as entailed herein, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Apli with respect to the service and govern the future relationship. If any provision of the Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

  20. JURISDICTION

    These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be in Mumbai, India. In the event of any dispute arising out of these Terms the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996. The venue of arbitration shall be Mumbai, India and the language used shall be English.

  21. GRIEVANCE OFFICER

    Under the Information Technology Act, 2000 and Rules made there under, the name and contact details of the Grievance Officer are provided below:

      Name: Shivam Tiwari
      Address: 99813, Siddhivinay Society, Anandgarh Park Side, Vikhroli - 400079
      Mobile: 8169634498