Terms of Use for Candidates

Welcome to the career page of Quify, an outbound recruiting solution developed by Poushya Consultants Pvt. Ltd. dba Quify ("PCPL") (together with Quify products and Quify services, the "Services"). These Terms of Use for Candidates (the "TOU") are between you ("You"), as the individual accessing the Services, and PCPL who provides the Services to You. The Services are designed to promote job opportunities to candidates who are not aware of or have not applied for the job opportunities but may be interested to learn about them ("Passive Candidates"), and help to connect the Passive Candidates with the organizations of those job opportunities that they may be interested in. The Services send exclusive invitations to Passive Candidates, and then the interested Passive Candidates may directly engage with recruiters of those organizations even before they submit a formal application for a job, which can greatly improve the efficiency and increase the chance for the Passive Candidates to be contacted by their desired organizations.

By (1) clicking a box on the career page indicating acceptance, (2) expressing your interest through email or the career page about a job opportunity sent to You, or (3) submitting any documents about You, such as your resume via email or the career page, You represent You have read, understand and agree to the TOU and that You are at least 16 years of age to use the Services.

YOU FURTHER AGREE THAT YOU ARE A PASSIVE CANDIDATE AND UNDERSTAND THAT THE SUBMISSION OF YOUR RESUME OR OTHER TYPE OF DOCUMENT OF SIMILAR NATURE TO THE SERVICES IS NOT A JOB APPLICATION.

Organizations verified and approved by PCPL ("Approved Organizations") can use the Services to facilitate promoting their job opportunities through the Services. The Services, using PCPL's proprietary sourcing technology, find the contact information of Passive Candidates who may be interested in learning about the job opportunities, and share the description of the job opportunities with those Passive Candidates. The descriptions of the job opportunities are created directly by those Approved Organizations, and PCPL requires those Approved Organizations to ensure the legality, accuracy and authenticity through agreements with those Approved Organizations. However, PCPL itself does not verify or guarantee the legality, accuracy, authenticity or availability of the job opportunities. The goal of the Services is solely to connect You with those Approved Organizations for any possible job opportunities that You may have interest in.

The Services are offered to You for free. As an exchange and considering the sufficiency of the benefits You can get from the Services, You agree that You are fully aware of the limitation of the Services and agree to bear your own risks to use the Services. You can always stop using the Services at any time and request PCPL to remove You from the recipient list of the job opportunities by using the unsubscribe link provided in the email or career page from the Services.

To fully take advantage of the Quify so that more Approved Organizations can find and contact You for job opportunities, it requires You to submit your resume or document in similar nature (collectively "Resume") to highlight your interest in their job opportunities. By sharing your Resume, You represent that the information in your Resume is true and You authorize PCPL to further share your Resume with Approved Organizations. You agree that PCPL has no obligation to verify your Resume information and shall not be held liable for any consequences as a result of sharing your Resume with Approved Organizations. You further represent that You are fully aware and authorize PCPL to process your Resume, including without limitation: (a) to store your Resume in PCPL's database; (b) to convert your Resume into desired reviewing format of the Approved Organizations; (c) to attach your Resume to or to enrich your Passive Candidate profile in the Services; (d) to allow Approved Organizations to search for information about You through PCPL's outbound recruiting platform; (e) to consolidate different versions of Resumes from You and share with Approved Organizations; (f) to match your Resume with any job opportunities and make recommendation to You or Approved Organizations; and (g) to do any other activities that can increase your exposure to the Approved Organizations.

By using the Services, You agree to not:

• submit false or untruthful information;
• impersonate any other person and submit information about others;
• copy, share, distribute, or broadcast the job opportunities to others who are not the intended recipient;
• introduce or submit any malicious computer code, virus, files or document designed to interrupt, destroy or limit the functionality of the Services; or
• transmit infringing, libelous, obscene, lewd, lascivious, filthy, violent, harassing, or any other materials of similar nature.

Passive Candidates will receive exclusive private invitations from the Services to confirm their interest to be connected by the Approved Organizations for the job opportunities, through non-public Quify career page. You understand that the invitations are not job postings, and the Services do not constitute a job board. You understand the descriptions of the job opportunities from the Services may be different from the job postings from the job boards, third party websites or other media where Approved Organizations post their jobs. You acknowledge that the Services are not required to conform to the requirements of any applicable federal, state or local laws about job postings.

Your expression of interest about a job opportunity or submission of your Resume is not a job application. After your engagement with the recruiters from the Approved Organizations, You may be required by the recruiters to submit your formal job applications for your interested job opportunities. PCPL and its Services have no involvement in the recruitment process conducted by the Approved Organizations and will not make any employment decisions on their behalf.

If the Services contain links to other sites and resources provided by third parties, including the Approved Organizations, these links are provided for your convenience or reference only. PCPL has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If You decide to access any of the third-party websites linked to the Services, You do so entirely at your own risk and subject to the terms and conditions of use for such websites.

PCPL makes protecting your personal information one of its highest business priorities. PCPL implements stringent security measures to protect personal information stored or processed by PCPL, and we require our customers (including Approved Organizations), partners and vendors to do the same. By using the Services and indicating acceptance of the Terms as described in the second paragraph of the Introduction section herein, You provide your consent for PCPL to process and transfer your personal information submitted through the Services for the purpose described in the TOU. You further consent to receiving any communications from the Services or Approved Organizations by methods (e.g. email or phone) found in Your Passive Candidate profile. You can withdraw your consent at any time by using our opt-out tool available in the Own Your Data form.

You understand that PCPL is not required to obtain Passive Candidates' consent to process non-sensitive resume information collected indirectly by PCPL, such as through public professional websites or through PCPL's data vendors. However, You can view your Passive Candidate profile and opt out of such processing by using our Own Your Data form. Further, You can learn about your rights with respect to the information indirectly collected by PCPL through the Candidate Privacy Notice and our Privacy Policy.

PCPL uses AI algorithms to quickly identify the potential Passive Candidates and send invitations to them. PCPL understands certain risks in using advanced technology and thus has created the systems of AI Values to guide and audit its development of the Services. PCPL's AI Values are available here: AI Values for Recruiting. By using the Services, You agree to PCPL's use of AI technology in order to provide the Services.

PCPL is not a consumer reporting agency and does not generate consumer report for Approved Organizations to conduct the following activities in connection with, or for the purpose of: (i) establishing a consumer's eligibility for credit or insurance to be used primarily for personal, family or household purposes, or in connection with assessing risks associated with existing credit obligations of a consumer; (ii) evaluating a consumer for employment, promotion, reassignment or retention as an employee; (iii) any tenancy verification or in connection with any application to rent real property; (iv) a determination of a consumer's eligibility for a license or other benefit that depends on an applicant's financial responsibility or status; (v) as a potential investor or servicer, or current insurer, in connection with a valuation of, or assessment of credit or prepayment risks associated with, an existing credit obligation; (vi) any information, service or product sold or delivered to a "Consumer" (as that term is defined in the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. ("FCRA")) that constitutes or is derived in substantial part from a consumer report; (vii) eligibility for any government benefit or service; or (viii) other purposes under the FCRA. You agree to report any violations to PCPL first and any Approved Organization who violates the restrictions set forth in this section will be suspended or terminated by PCPL. You further understand that PCPL's Services will not warrant the completeness, accuracy, and up-to-dateness of the information about You in your Passive Candidate profile and You shall report any issues to PCPL. If PCPL is not able to correct or update your Passive Candidate profile, PCPL will remove information about You from the Services. You acknowledge that these are the sole resolutions for PCPL to take with respect to the consumer rights You may have under this section and any applicable consumer protection laws and regulations, and PCPL should not be liable to You for any claims or consequences thereof, including but not limited to lost job opportunity, unfair treatment, and discrimination.

PCPL may terminate your access to the Services at any time by removing your information from the Services, without notice and for any reason including, but not limited to, any violation of the TOU.

YOU USE THE SERVICES FOR FREE AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PCPL DISCLAIMS ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, PCPL MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT AVAILABLE ON OR THROUGH THE SERVICES. PCPL WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF THE SERVICES; (b) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SERVICES; (c) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SERVICES BY ANY THIRD PARTY; OR (d) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE SERVICES.

You agree to defend, indemnify and hold harmless PCPL, its affiliates and subsidiaries, and each of their officers, directors, employees, contractors and agents, from and against any claims, damages, obligations, losses, liabilities, settlements, costs or debt, and expenses (including but not limited to reasonable attorneys' fees) arising from or in connection with your use of the Services.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PCPL BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, HOWEVER CAUSED, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT THE LIABLE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF THE EXCLUSION OF LIABILITY IS UNENFORCEABLE UNDER APPLICABLE LAW, PCPL'S TOTAL LIABILITY TO YOU SHALL NOT EXCEED $25.

You agree that all matters relating to the TOU are governed by the internal substantive laws of the State of California, without respect to conflict of laws principles. All claims arising out of or relating to the TOU will be litigated exclusively in the federal or state courts of Santa Clara County, California, USA, and You and PCPL consent to personal jurisdiction in those courts.

PCPL may, at its sole discretion, modify the terms and conditions of the TOU. Such modifications shall be binding and effective upon posting within the Services. If You use the Services after any such modifications, You accept and agree to any and all such modifications.

If You believe anyone has violated the TOU, please email legal@quify.ai.