PLATFORM AND PLATFORM SERVICES
- The term “Platform” includes the content on NLPL’s portal Assess, its Websites, Apps, media content, assessment tools, profile registration of Candidates, Client accounts, and all other services provided and content displayed on the Website and App (the “Platform Services“).
- Your use of certain Platform Services, features, functionality or programs offered on or through the Platform may be subject to additional terms and conditions, and before you use any such Platform Services, features, functionality or other programs you may be required to indicate your acceptance of such additional terms and conditions.
- The information which is displayed on the Platform shall be treated as general information which can be accessed as per the terms of this TOU.
- Any individual who has not attained the age of majority, i.e., 18 years, shall be considered as a minor for the purposes of this TOU (“Minor”) and shall be prohibited from accessing the Platform, except without parental consent and guidance.
- For the purposes of this TOU, all companies, firms, institutions which register their accounts on the Platform for the purpose of conducting psychometric assessment of their candidates, shall be referred to as “Client”.
- For the purposes of this TOU every candidate who registers their profiles on the Platform, for the purpose of undertaking psychometric evaluation by Clients and undergoes assessments through the assessment tools/ tests designed on the Platform by NLPL, shall be referred to as “Candidate”.
- Every Candidate and Client, shall, for the purposes of this TOU, together be referred to as “user”.
By accessing and using the Platform, you provide your specific consent to the Platform to use and collect the information provided by you. Please note that for any information provided by you on the Platform, it will be deemed that:
- You are above 18 years of age;
- If you are a Minor, that you are using the Platform under parental supervision and/or consent. The parents/ legal guardians with whose consent and parents/ legal guardians/ school authorities/ school faculties (as may be applicable) under whose guidance a Minor is accessing the Platform represent and warrant that the implications of the usage of the Platform and the Platform Services have been explained to the Minor in a comprehensive manner;
- You understand that you have provided specific consent to NLPL to lawfully collect and process your submissions and share your profile/ results of psychometric assessments, if and as applicable;
- If you are a Candidate, you agree that you have voluntarily shared your Personal Information and other details (including without limitation your present professional status and allied information) with us for the purpose of assessments through psychometric tests, alerts for career, mental health and wellbeing, career guidance on and through the Platform;
- The assessment modules, Platform designed for assessment of the Candidates and any material circulated or shared or uploaded pursuant to or in connection with the same, shall be the sole and absolute ownership of NLPL. With respect to Clients for whom NLPL designs tailor-made assessment modules, the same shall be the sole and absolute ownership of NLPL. Users, in any of the cases, shall not claim or attain ownership of the same.
- The ownership of the content of the Platform and the Platform Services, along with all text, graphics, audios, videos, designs, screen shots, logos, images, copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights are vested in NLPL unless otherwise indicated. All rights in relation to such works shall be reserved with NLPL and shall be its sole property.
- Content on the Platform and Platform Services is for personal use only and may be downloaded provided the material so downloaded, is kept intact, and there is no violation of the copyrights, trademarks, and other proprietary rights. Any alteration of the material or use of the material contained on the Platform, for any other purposes shall constitute a violation of the copyright of NLPL and / or its affiliates or associates or of its third-party information providers.
- Unless you have otherwise obtained NLPL’s written permission, you agree not to copy, reproduce, stream, capture, record, access through technology in the form of capturing photographs/ screenshots through the mobile/ laptop/ desktop or any other technology used to access the Platform, transfer, sell, resell, upload, archive, license to others, edit, modify, reverse engineer, decode, manipulate, create derivative works from or based upon, publish, republish, post, transmit, publicly display, frame, link from or to, distribute, share, embed, translate, decompile, translate, incorporate into any hardware or software application, use for commercial purposes, or otherwise use or exploit the Platform, its content, Platform Services or any component or part thereof. Any of the unauthorized uses referred to above would constitute an infringement of the copyrights and other proprietary rights of NLPL and/or its licensors and a violation of these TOU and may subject you to civil and/or criminal liability under applicable laws.
LICENSES GRANTED TO YOU
Subject to the provisions of the TOU (including, without limitation to the Intellectual Property Rights set forth), NLPL hereby grants you, if and only to the extent the necessary functionality is provided to you, on or through the Platform, the following limited, revocable, non-exclusive, non-transferable, non-assignable, worldwide, royalty-free rights and licenses (each a “License” and collectively “Licenses”):
- License to access the Platform Services, as per their account type, whether Client/ Candidate/ otherwise, as applicable;
- License to use any other functionality expressly provided by NLPL on or through the Platform Services, for use by users, subject to this TOU.
Your rights under any one or more of the Licenses set forth above and under this TOU are conditioned upon your compliance, with each of the following:
- You shall not display, upload, modify, edit, delete, publish, transmit, update or share any information that –
- belongs to another person and to which the user does not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- harm Minors in any way;
- infringes any person’s intellectual property rights and/ or proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonates another person or constitutes to be identity theft;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- 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 cognizable offence or prevents investigation of any offence or is insulting any other nation.
- You will not use, remove, alter, interfere with or circumvent any of copyright, trademark, watermark, Platform Services, or other proprietary notices marked/displayed on the Platform.
- You will not use any contents included on the Platform/ Platform Services, including but not limited to, text, graphics, logos, button icons, images, audio clips, trademarks, service marks, domain names, designs, software, etc., to create a unique end product.
- You will not use any of the rights granted to you under this TOU, or any of the content on the Platform, in a manner that suggests an association with NLPL, unless otherwise specifically permitted by NLPL.
- You will not transmit any material that contains adware, malware, spyware, software viruses, time-bombs, cancel-bots, worms, trojan horses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or tele-communications equipment.
- You will not do anything that is likely to adversely affect or reflect negatively upon or harm the goodwill or reputation of NLPL, its affiliates (whether existing currently or is incorporated in the future), directors, officers, employees, or the Platform, or the Platform Services.
- You will not do anything on the Platform that would prevent other user’ access to or use of the Platform, or any part thereof, and/or Platform Services.
REPRESENTATIONS AND WARRANTIES
- You are 18 years or above, in age,
- In the event you are a Minor, that you have obtained the consent of your parents/ legal guardians and thereby accessed the Platform or Platform Services under their guidance or the guidance of school authorities/ school faculties;
- If you are the parents/ legal guardians/ school authorities/ school faculties of any Minors accessing the Platform under your guidance, you shall be liable for explaining the provisions of this TOU and the process and significance of the psychometric tests under the Platform, to the Minors and thereby ensuring their comprehension of and compliance with the same;
- You agree and confirm that NLPL does not control any direct users’ actions on the Platform and are not responsible for the content, information, documents (academic/ professional/ identification/ etc.) users transmit or share on the Platform. NLPL is not responsible for any offensive, obscene, unlawful, false or otherwise objectionable content/ information that you may encounter on the Platform. We are not responsible for the conduct, whether online or offline, of any user.
- You will not transfer any of your rights or obligations under this TOU to anyone else without our consent.
- You will not misrepresent any information/ association, and/ or impersonate any person, and/ or forge any documents in order to disguise any user information/ its origin/ employment opportunity, as may be applicable, depending upon the case.
- You shall not use the content/ Platform Services, or modify/ copy/ sell/ use them for any commercial purposes, for the benefit of yourself or any other, without the prior written consent of NLPL.
- You shall not use any device/ software (malicious/ malware) to interfere with the working of the Platform or breach the Platform Services, or the data of any other user.
- If you are a Candidate, you shall not allow any other individual to appear for the assessments on the Platform, on your behalf.
- You shall not appear for assessments on the Platform, on behalf of any Candidate, other than for yourself, if and where applicable.
- You shall not reverse engineer, copy or imitate the Platform Services/ features/ etc. or attempt to breach the intellectual property rights of NLPL, with respect to the Platform and Platform Services, to set up a business/ platform/ render services, that are similar or equivalent in nature, to that of the Platform and Platform Services.
- All our rights and obligations under this TOU are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- Nothing in this TOU shall prevent us from complying with the law.
- This TOU do not confer any third party beneficiary rights on anyone.
- We reserve all rights not expressly granted to you.
- You will comply with the responsibilities vested on you, under the clause ‘Your Responsibility’, of this TOU.
DISCLAIMER OF WARRANTIES
By using the Platform, you agree and understand that such use is at your own risk and that there is no warranty that this Platform will be free of any computer/ application viruses. The Platform (and any portion thereof) is provided “as is”, “with all faults” and “as available” to the fullest extent permitted by law. NLPL and its affiliates, directors, officers, employees, clients, agents expressly disclaim any and all warranties of any kind, whether express or implied (including, without limitation, the implied warranties of merchantability, non-infringement). Neither NLPL nor any of its affiliates, directors, officers, employees, clients, and agents make any warranties or representations about the accuracy or completeness of information available on or through the Platform or other internet resources linked to the Platform and assume no liability or responsibility for any:
- errors, mistakes, or inaccuracies of content/ assessments/ interpretation by Platform designed by NLPL, or otherwise;
- decisions that you may take as a Candidate, or as a Client, based upon the assessments or remarks shared by the Platform and or other assessments tools, on the Platform;
- personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the platform and the Platform Services;
- rejection/ deletion of information, in the event NLPL receives any compliant with respect to the genuineness of the same, or itself has reason to doubt the genuineness of the same;
- background verification of Candidates, before employment by Client, and/ or the verification of workplace culture/ benefits offered by Client, as the case may be;
- collection or processing of information, from your social media accounts, if and when you specifically and voluntarily consent to link such accounts on the Platform, for verification;
- any unauthorized access to any and all personal information stored in the Website;
- any interruption or cessation of transmission to or from the Website;
- any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Website (or any parts thereof) by any third party;
LIMITATION OF LIABILITY
THIS PLATFORM AND THE PLATFORM SERVICES HAVE BEEN CREATED IN ACCORDANCE WITH THE OPINIONS OF PSYCHOMETRIC EXPERTS AND PROVEN AND ESTABLISHED PSYCHOMETRIC NORMS. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, IN NO EVENT WILL NLPL OR ANY OF ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, PSYCHOMETRIC EXPERTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE (OR THE USE OF ANYONE ON YOUR BEHALF) OF THE PALTFORM/ PLATFORM SERVICES OR ANY PARTS THEREOF OR RELATED TO YOUR COMMISSIONS OR OMISSIONS BASED UPON SUCH PLATFROM SERVICES, INCLUDING WITHOUT LIMITATION THE RESULTS OF PSYCHOMETRIC ASSESSMENTS AND THE LIKE.
NO PROFESSIONAL ADVICE
Material, content, assessments, or information contained on or made available through the Platform, is not intended to and does not constitute any legal, professional, financial, advice nor does it, in any manner establish a Professional – Client relationship.
- You agree to indemnify, keep indemnified and hold harmless NLPL and its affiliates (whether existing presently or incorporated in future) and their respective officers, directors, employees, representatives, licensees, authorized designees, successors, assigns, clients, from any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable outside attorneys’ fees and costs) that such parties may incur as a result of or arising from:
- any of your wrong/false user information, including without limitation the corporate or individual identity (as applicable);
- the breach of any of your warranties, representations, covenants, responsibilities or other obligations set forth in this TOU;
- your violation of any person’s intellectual property, privacy or other right;
- the violation of any applicable laws and/or any of your obligations under this TOU by you;
- misconduct or negligence by you and/or your use of the Platform (in whole or in part);
- breach of any Applicable Laws, and/ or the terms of this TOU, and/or third-party claims, resulting from the usage of the Platform.
- NLPL reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with NLPL in asserting any available defences. This provision shall remain in full force and effect notwithstanding any termination of your use of the Platform.
- If you are a Candidate and anyone brings a claim against us related to your actions (misrepresentation of identity, etc.), information, documents (including without limitation academic qualifications, professional experience, identity, etc.), assessments on the Platform, or regarding information and documents shared by you during the background verification by the corporates/ employers offering employment opportunities, you will indemnify and hold NLPL and its directors, agents, representatives, partners, employees and consultants, clients harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
- If you are a Client and anyone, including without limitation the Candidates, governmental authorities, etc., bring a claim against us related to your actions, information on the Platform, or regarding your workplace culture or compliance with applicable laws as an employer/ corporate entity, you will indemnify and hold NLPL and its directors, agents, representatives, partners, employees and consultants harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
SEVERABILITY AND WAIVER
If any provision of the TOU shall be held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this TOU and shall not affect the validity and enforceability of any of the remaining provisions. The failure of NLPL to exercise or enforce any right or provision of this TOU, shall not constitute a waiver of such right or provision, and shall not be construed as modifications of the provisions contained herein.
This TOU may be updated from time to time, at the sole and absolute discretion of NLPL, without notice of any kinds to the users. Please check our Platform periodically, for updates and amendments to the TOU, and each time while accessing the Platform and the Platform Services, to remain updated.
NLPL’s performance under this TOU is subject to interruption and delay due to causes beyond its reasonable control such as acts of God, epidemic, pandemic, acts of any Government including without limitation lockdown or restriction on movement/ transportation, war or other hostility, civil disorder, the elements, fire, explosion, power failure, failure of the Internet, network intrusion and other circumstances beyond the control of NLPL, equipment failure, industrial or labour dispute, and the like. NLPL shall not be held liable if services with respect to the Platform are interrupted or become improper at any point of time due to Force Majeure events specified above.
ARBITRATION AND GOVERNING LAW
- You will resolve any claim, cause of action or dispute (claim) you have with NLPL, arising out of or relating to this TOU document exclusively in India, regardless of where you reside. The laws of the Republic of India will govern this TOU document, as well as any claim that might arise between you and NLPL, without regard to conflict of law provisions.
- All disputes or differences of any nature whatsoever, arising between you and NLPL shall be settled by mutual discussion, failing which, upon the expiry of 30 days, shall be referred to arbitration under the provisions of the Arbitration and Conciliation Act, 1996 (as amended) to a sole arbitrator. The venue of the arbitration shall be at Pune, India and the language of the arbitration shall be English. The decision of the Arbitrator shall be final and binding on you and NLPL. The Arbitration proceedings shall be subject to the jurisdiction of the Courts in Pune.