Job Service Terms and Conditions

Welcome and thank you for using KOTA's job posting platform and related services (the “Jobs Services”).

Job Seeker

As a job seeker you understand and acknowledge that Job Ads are created and provided by third parties and that KOTA has control over the content of the Job Ads, links, or any condition that the third parties might impose once the job seeker has submitted the application. If you leave KOTA site and choose to enter third-party website, you accept terms and conditions of the third party. You understand and acknowledge that KOTA cannot confirm the accuracy or completeness of the job advertisement or any other information provided by the employer. 

KOTA also disclaims any, and all warranties, responsibilities or liabilities for the accuracy, completeness, reliability or legality of the job posts advertised. The member agrees to verify and confirm the reliability and legality of the institution that has posted the opportunity/vacancy along with the job post advetised.

Employer

When you create an KOTA account or post jobs advertising employment opportunities and other job-related contents, including links to third-party websites (“Job Listings” or “Job Ads”) on the Site, you agree that this Agreement, the terms associated with any KOTA service you are using, and all of KOTA's policies, including the KOTA Privacy Policy, and Cookie Policy, apply to you. You agree that by signing up or using KOTA Jobs Services, you are entering into a legally binding agreement (even if you are using Jobs Services on behalf of a hospital/clinic/institution or other entity). The Jobs Services enable your postings to be displayed on KOTA website and mobile application. The Jobs Services help postings to target KOTA members.

In addition to the KOTA Privacy Policy and Payment Policy, these Jobs Terms and Conditions apply to the access and use of the KOTA Jobs Services.  In the instance of any conflict between different agreements you have entered with KOTA, the Jobs Terms and Conditions detailed herein and any feature-specific terms govern in regard to the use of KOTA Jobs Services.

When you are accessing or using the Jobs Services on behalf of a business entity or a third party, you represent and warrant that you have the complete authority to do so. You also warrant that you have the complete authority to bind the employer to this agreement confirm that your agreement to these Jobs Terms and Conditions will be considered and treated as their respective agreement. In the event of any violations of this agreement by that busines or third party, KOTA may hold you responsible, and "you," "your" and "party" will also refer to and apply to that business or third party. You also acknowledge that any and all information that you provide KOTA through the account, is approved by the Employer.

Jobs Services

KOTA Jobs Services are created to help you reach qualified and quality candidates for job vacancies. You are responsible for (a) all postings and related content in this regard submitted by you or on behalf of you  through the Jobs Services to KOTA, including but not limited to the job descriptions, images, URLs and trademarks that comprise the postings or content therein (collectively referred as your "Postings"); and (b) all content to which Postings may direct readers/viewers, as well as redirects ("Destinations").

• You are responsible for all activities through your account, including any purchases made or amount incurred in Jobs Services. By identifying that you are using KOTA Jobs Services on behalf of a business as contact person, you agree that KOTA may share information about your use of KOTA Jobs Services with the referred business entity, including its representatives and/or agents. In the event of that business entity or its representative indicating that you are no longer authorized to represent or place ads on its behalf (e.g., if you are no longer associated with the business or change roles within that business), you agree that you may be removed from all the accounts associated with that business. You also acknowledge that you may not resell data or transfer access to KOTA Jobs Services to any other party.
• Each Posting must be for one job opportunity; KOTA does not permit a Job Post to solicit applications for more than one position.
• You also agree that you will not authorize or enable any third party, by way of the Postings, Destinations, or use of the KOTA Jobs Services, to:
• Create Job Posts without a reasonable and legitimate intent to hire for the specific job position.
• Failure to clearly disclose in any Job Post that a position is commission-based or has any nontraditional working conditions or the compensation or salary may constitute intentional misrepresentation.
• Create Job Posts for business opportunities that mandates payments or that resemble franchises, distributorships, multi-level marketing, memberships of clubs or otherwise, or are entirely or almost entirely commission-based.
• Create Postings that intentionally misrepresent the job or the hiring company.
• Supply identifiable member/candidate resume or data to any other parties.
• Spam or contact members for any purpose other than related to the specific job opportunity detailed in the posting.
• Solict applicants by intentional misrepresentation. 
• Contact, stalk or harass any applicant after they have asked not to be contacted.
• Create job posts that demand applicants to pay for employment or  bear costs otherwise related to employment violating applicable law.
• Create Job Posts or otherwise involve in recruitment practices that is in violation of the law in India or in your state or country or the state or country where the job is to be performed.
• Engage in communications, solicitations, or transactions that may breach any prevalent laws or regulations related to the prohibition of employment discrimination, or legal eligibility to work.
• Engage in illegal or fraudulent conduct.
• Except as expressly authorized by KOTA in writing, use any automated means or data extraction to access, download or modify, or otherwise collect information using Jobs services.
• Create Job Posts that contain malware, spyware or any other malicious code or interfere otherwise with the operation of the KOTA Jobs Services or any system or device or breach or circumvent any security measure of KOTA, KOTA member or a third party.

KOTA may, in its sole discretion, amend, or terminate any or all parts of the Jobs Services or suspend your ability to use the Jobs Services. KOTA may reject or remove any Job Post for any reason at any time, regardless of whether or not such Job Post was previously accepted or served.

Fees, Payment and Cancellation

You may be offered more than one payment option when you purchase Jobs Services. You agree to pay at the rate selected when a Job Post, or other services of Jobs Services was submitted through your account. You also agree to pay all applicable government charges and taxes, online transaction charges, and foreign exchange fees. KOTA will periodically charge your payment method at the applicable rate. All amounts paid are non-refundable. You remain responsible for any uncollected amounts. KOTA may charge interest for any overdue amounts at the rate applicable by law, and you agree to reimburse KOTA for all collection costs for overdue amounts.

Intellectual Property Rights and Privacy

You grant to KOTA a non-exclusive, royalty-free, worldwide, transferable and sublicensable license to use, copy, modify, publish and distribute your Job Posts in connection with the performance of the KOTA Jobs Services (including for marketing and promotional purposes). You warrant that you own or have all necessary rights (including intellectual property rights) to all your Job Posts (including granting the license above).

When you choose to provide suggestions or feedback to KOTA about Jobs Services, you agree that KOTA can (but does not have to) use and share such feedback for any purpose without compensation to you. You agree that you may not disclose any information about KOTA's pricing, metrics, member demographics or beta features. 

Each party will comply with applicable laws, industry rules, government requirements (collectively, "Applicable Law") and self-regulatory rules  relating to its performance of these terms, including privacy and security laws. 

You agree to use all reasonable measures and appropriate security safeguards to protect the confidentiality of Jobs Services Data in accordance with industry standards. When you are sharing Jobs Services Data with someone acting on your behalf, you agree that you are solely responsible for making sure their compliance with the Agreement and limiting their use of the Jobs Services Data on behalf of you. Without limiting the above, you shall not (a) sell the Jobs Services Data; (b) combine the Jobs Services Data with any data collected by or on behalf of another employer; or (c) transfer any Jobs Services Data (including aggregate, anonymous or derived data) to any job posts board, search service, data broker or other monetization related service.

Disclaimer 

To the fullest extent allowed under law, in addition to disclaiming all implied warranties and warranties cited in the Privacy Policy and Terms and Conditions, KOTA disclaims any and all warranties, responsibilities or liabilities for the accuracy, completeness, reliability, legality, or availability of information displayed including but not limited to the accuracy of any candidate information directly provided by us. As an employer or a representative of a business, your account is for business purposes and not for personal use. KOTA is not responsible for and disclaims all liabilities if your email is used falsely or improperly by a third party.  

The site may become unavailable in whole or in part at any time without intimation. KOTA site may rely on third parties to provide services such as hosting or processing vendors, and the site may unexpectedly become unavailable or malfunction as a result. KOTA disclaims any responsibility for the deletion, mis-delivery, failure to store, or untimely delivery of emails, attachments, any information or material (including User content). KOTA does not guarantee that the site will always be error free, safe or secure. KOTA further disclaims any responsibility for any harm resulting from accessing or downloading any information or material on the site or other sites accessed through the KOTA site.

Indemnity

You agree to indemnify KOTA and its affiliates, and hold KOTA and its affiliates harmless from any losses, damages, costs, debts or expenses (including, but not limited to, reasonable advocates fees) related to third party claims or any proceedings arising out of or related to your Job Posts, destinations, use of the Jobs Services, candidate recruitment or decisions on employment, and breach of these Jobs Terms and Conditions.

KOTA may change the terms of these Jobs Terms and Conditions by notice to you by way of displaying in the Jobs Services), and both parties agree that changes cannot be retroactive. If you are not in agreement to these changes, you must stop using KOTA Jobs Services. The provisions of these Jobs Terms and Conditions survive its termination.

This Jobs Terms and Conditions are governed by the laws of the state of Kerala, and if any issue arises under these Jobs Terms and Conditions (including non-contractual disputes or claims), any proceeding or action (including those arising from non-contractual claims or disputes) related to these Jobs Terms and Conditions will be brought and heard in a court in Ernakulam.