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TERMS OF USE


This Terms of Use (“TOU”) is published by Apprentice Education and Consulting Services LLP, an affiliate/partner of Putta Ventures LLP having its registered office at No.3054, Banshankari 2ndStage, Bangalore – 560070, Karnataka, India (hereinafter referred to as “Apprentice” which term unless repugnant to the context or meaning thereof shall mean and include its Partners, employees and associates) to provide the Terms of Use that will be applicable in the context of www.theapprentice.in (hereinafter referred to as its “Website”) and govern persons visiting (hereinafter referred to as “Visitor/s”)or signing up/registering (to persons signing up as “employer” or “employee”) (hereinafter referred to as “Registered User/s”) on the Website and persons providing consent to Apprentice to upload or publish their information (including but not limited to articles, technical inputs, professional details) (hereinafter referred to as Type 3 Users/s)(Visitors, Registered User and Type 3 User shall collectively be referred to as “Users”).

This TOU should be read with the privacy policy published in the privacy policy section of the Website (hereinafter referred to as “Privacy Policy”).USERS ARE HEREBY NOTIFIED THAT BY USING THE WEBSITE IT IS DEEMED THAT THE VISITORS HAVE CONSENTED TO THIS TOU AND BY ACCEPTING THE TOU AND PRIVACY POLICY AT THE TIME OF REGISTRATION IT IS DEEMED THAT THE REGISTERED USERS HAVE CONSENTED TO THIS TOU AND THAT THE USER REPRESENTS TO APPRENTICE THAT THEIR AGE IS 18 YEARS OR MORE THAN 18 YEARS AND THAT THEY ARE AUTHORISED TO USE THE WEBSITE AND TO ENTER INTO THIS AGREEMENT. IF A VISITOR DISAGREES WITH THE TERMS OF THIS TOU OR THE PRIVACY POLICY OR INTENDS TO WITHDRAW THEIR CONSENT TO THE SAME THEN SUCH USER SHALL IMMEDIATELY CEASE USING THE WEBSITE. IF A REGISTERED USER WISHES TO WITHDRAW CONSENT TO THESE TERMS THEN SUCH REGISTERED USER IS REQUIRED TO COMMUNICATE THE SAME TO THE GRIEVANCE OFFICER WHOSE DETAILS ARE PROVIDED IN THE PRIVACY POLICY ON THE WEBSITE IN THE MANNER SPECIFIED THEREIN.


This TOU and the Privacy Policy is a legally binding contract between the User and Apprentice (as provided in the Indian Contract Act, 1872, Information Technology Act, 2000 )and hereby specifies the following terms:-

  1. The User is prohibited from publishing, hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing any information that --
    1. belongs to another person and to which the User does not have any right to;

    2. is grossly harmful, harassing, blasphemous; defamatory, obscene, pornographic, pedophilic, 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;

    3. harms minors in any way;

    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 such messages or communicates any information which is grossly offensive or menacing in nature;

    7. impersonates another person;

    8. contains software viruses or any other computer code, files or programs designed to interrupt,destroy or limit the functionality of any computer resource;

    9. threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence orprevents investigation of any offence or is insulting any other nation.

  2. By (the User) continuing to the use the Website and providing consent in the manner specified above, it is hereby agreed that the User has gone through the terms of this TOU and the terms of the Privacy Policy and is aware of all aspects related to the information collected from such User.

  3. The User agrees to use the Website and the services therein only for their general reading (unless agreed otherwise in writing by the User and Apprentice) and that the User shall not use it for any commercial purposes. The User acknowledges that this information (including but not limited to content in various sections of the Website, articles, jobs, candidate profiles) is subject to change or deletion at any time, without notice.

  4. The User agrees and acknowledges that Apprentice or the authorsor collaborators (persons collaborating with the Apprentice editorial team) do not provide legal advice on its blog or Website and that the User should independently seek advise from legal practitioner before using the information available on the Website. It is hereby expressly clarified that Apprenticedisclaims any responsibility for the use of information on the Website (including but not limited to the information described above, advertisements and third-party links) by the User.

  5. The User agrees and acknowledges that the articles published in the legal blog are the independent views of the author or collaborators and (unless specifically mentioned) not the views of Apprentice.

  6. The Registered User understands and acknowledges that Apprentice is a recruitment services agency and that the posts on the Website (jobs, candidate profiles, etc.) are posted by Apprentice based on the information received from the candidate or employer on the Website or otherwise and the same is not posted by the employers or candidates or Registered User directly.

  7. The Registered User signing up as an employer on the Website will not be able to use the feature“unlock the candidate profile” merely by using the option in the employer dashboard, such Registered User understands that the profile would be unlocked subject to their acceptance of recruitment service terms of Apprentice that will be briefed to the Registered User by Apprentice’s team, upon receipt of the Registered User’s request.

  8. The Registered User signing up as an employee and who creates a candidate profile (hereinafter referred to as “Candidate”) understands that creation of candidate profile and application for jobs on the Website does not guarantee the job to such Candidate and that the same is subject to other factors (including but not limited to the existence of vacancy with the employer, Apprentice’s prescreening process and the employer’s selection process). Further, the Candidate understands and acknowledges that Apprentice will be sharing information (received from the Candidate) partly or wholly (in a manner that it deems fit) with its clients, recruitment partners and potential clients in order to tie-up with recruiters and/or assist the Candidate in finding a job.

  9. A. The User agrees to not use any of the features on the Website in a manner that would directly or indirectly be detrimental to Apprentice.User understands that Apprentice authorizes the User only to view or access the Website for their personal use and that the Website or Apprentice’s services should not be directly or indirectly used for any other purposes (including but not limited to commercial uses or public display or personal gain) without obtaining the prior written consent of Apprentice.

    B. The User understands and agrees that the Website and the content therein (including but not limited to graphics, Website layout & design, functionality, software, job postings, articles, content on the Website audio clips, videoclips and candidate profiles), are the copyrights (registered or unregistered) of Apprentice or its licensors. It hereby clarified that the trademarks (including but not limited to logos, tagline, trade-dress, wordmarks containing the name “Apprentice”, “the mentor”) whether registered or unregistered are the exclusive property of Apprentice. User understands that the use of such intellectual property owned by Apprentices or its licensors for purposes other than those mentioned in this TOU is strictly prohibited and (without prejudice to other available legal rights and remedies to Apprentice) will constitute material breach of this TOU

  10. The User agrees to provide authentic details at the time of signing up and agrees to not sign-up for a role that the User is not eligible for on the Website (e.g. Signing up as an employer when the User is actually not an employer). Failure of compliance of this provision by the User would be a serious and material breach of this TOU.

  11. The User agrees to not upload any unauthorized third-party information or false or misleading information on the Website.The User shall be solely responsible for the display of his/her information, resume, content, messagesor other information that he/she submits on the Website or to Apprentice. By submitting such information, the Candidate automatically grants to Apprentice an irrevocable, royalty-free, perpetual, non-exclusive (except as otherwise agreed between the User and Apprentice) worldwide license to use, sub-license, copy, perform, publish, display and distribute such detail and to prepare derivative works.

  12. The User agrees to not modify the content on the Website, and agrees that the User is not allowed to violate, decompile, disassemble, reverse engineer, any part of the Website, or post false information or copy or deeplink or hotlink the content on the Website or violate or attempt toviolate the integrity or security of the Website or publishing or submitting information that would be competitive to the Website or the services provided by Apprentice. The User agrees to not use any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;

  13. The User agrees and understands that in the event Apprentice learns (either through itself or through reports from other Users or third parties) that the User is contravening with any of the provisions of this TOU or the Privacy Policy or any law for the time being in force, then, without prejudice to other available rights and remedies, Apprentice shall, at all times and its sole discretion,be entitled to disable, block, restrict the User’s access to the Website and remove any orall information (including but not limited to the contravening information) of the User from the Website without notice to the User. Apprentice shall also be entitled to share such information with government authorities, attorneys and regulatory bodies.

  14. The Candidate hereby understands that unless agreed otherwise in writing, Apprentice shall not be responsible to indemnify any losses suffered by the Candidate and that while Apprentice shall exercise its best endeavors to coordinate between the recruiters and the candidates, Apprentice not be responsible for any disputes that may arise between a Candidate and a prospective or current employer (organization where the Candidate is placed through the recruitment services provided by Apprentice) of such Candidate and the same shall (in cases of disputes with current employer) be subject to the terms of the employment or association or engagement between the employer and the Candidate.

  15. THE USER AGREES AND ACKNOWLEDGES THAT APPRENTICE SHALL AT NO POINT IN TIME BE LIABLE FOR THE LOSSES, DAMAGES, EXPENSES SUFFERED BY THE USER OWING TO THE DISCLOSURE OF INFORMATION (THAT IS CONSENTED BY THE USER AS DETAILED IN THE THIS TOU AND THE PRIVACY POLICY OR THAT IS LAWFULLY DISCLOSED BY APPRENTICE TO GOVERNMENT, INVESTIGATIVE OR REGULATORY AUTHORITIES) BY APPRENTICE. THE USER AGREES AND UNDERSTANDS THE REVOCATION OF CONSENT TO THIS TOU OR PRIVACY POLICY BY A REGISTERED USER SHALL BE EFFECTIVE FROM THE DATE APPRENTICE ACKNOWLEDGES THE INTIMATION OF REVOCATION OF CONSENT BY THE USER AND SUCH REVOCATION SHALL NOT HAVE RETROSPECTIVE EFFECT UNDER ANY CIRCUMSTANCES.

  16. IT IS HEREBY EXPLICITLY CLARIFIED THAT APPRENTICE SHALL NOT BE LIABLE AND DOES NOT EXPRESSLY OR IMPLIEDLY MAKE ANY WARRANTIES TO THE ACCURACY, TECHNICAL CORRECTNESS, BONAFIDES, AUTHENTICITY OF ANY INFORMATION ON THE WEBSITE (INCLUDING BUT NOT LIMITED TO THE ARTICLES, EMPLOYERS, JOB POSTS, CANDIDATE PROFILES, ADVERTISEMENTS, CONTENT ON THIRD PARTY LINKED WEBSITES) AND THAT (UNLESS OTHERWISE AGREED IN WRITING BETWEEN THE INFORMATION PROVIDER AND APPRENTICE) APPRENTICE IS PUBLISHING THEM ON AN AS-IS BASIS OR BASED ON THE INPUTS RECEIVED FROM SUCH INFORMATION PROVIDERS. APPRENTICE SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF THE USERS THAT RESULT IN INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS OR FOR ANY LOSSES OR DAMAGES SUFFERED BY THIRD PARTIES.

  17. A: UNLESS EXPRESSLY SPECIFIED IN WRITING, APPRENTICE’S PRODUCTS AND SERVICES ARE INTENDED FOR THE USERS WITHIN INDIA ONLY. IN THE EVENT WEBSITE IS ACCESSED FROM OUTSIDE INDIA, IT SHALL BE ENTIRELY AT THE USER’S RISK. APPRENTICE MAKE NO REPRESENTATION THAT THE WEBSITE, PRODUCT AND SERVICES ARE AVAILABLE OR OTHERWISE SUITABLE FOR USE OUTSIDE INDIA. IF USERS CHOOSE TO ACCESS OR USE WEBSITE FROM OR IN LOCATIONS OUTSIDE INDIA, USER SHALL DO SO AT THEIR OWN RISK AND THEY SHALL SOLELY BE RESPONSIBLE FOR THE CONSEQUENCES ARISING THEREFROM.

  18. WHILE APPRENTICE MAY EXERCISE BEST EFFORTS WITH REGARD TO THE TECHNICAL UPKEEP, MAINTENANCE AND AVAILABILITY OF THE WEBSITE, APPRENTICE SHALL UNDER NO CIRCUMSTANCES BE RESPONSIBLE FOR ANY LOSS OF DATA OF THE USER OR FOR WEBSITE FAILURE OR WEBSITE RELATED PROBLEMS (TECHNICAL OR OTHERWISE). FURTHER, IT IS HEREBY CLARIFIED THAT APPRENTICE MAY AT ANY POINT IN TIME AND ITS SOLE DISCRETION MIGRATE, TRANSFER OR SHUT DOWN OR MODIFY THE WEBSITE OR ANY PART THEREOF WITHOUT NOTICE TO THE USER. HOWEVER, APPRENTICE MAY ENDEAVOR TO INFORM REGISTERED USERS ABOUT THE SAME.

  19. It is hereby clarified that in the event the User notices any content on the website that infringes the intellectual property rights of any third party then the User shall have the option to report the same in the IPR infringement section on the “contact us” page of the Website and write to the Grievance Officer Mr.Sathwik Putta by sending an email about the same to sathwikputta@theapprentice.in with subject line as “Website Grievance”. Upon receipt of such reports, Apprentice shall act in a time bound manner. For other general feedback and inputs or reports (other than those specified in this TOU and the Privacy Policy), the User is encouraged to reach out to us in the “contact us” page of the Website.

  20. IT IS HEREBY CLARIFIED THAT APPRENTICE’S (AND ITS PARTNERS) GROSS LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY DISPUTES, LOSSES, DAMAGES OR EXPENSES INCURRED OR SUFFERED BY THE USER BY THE USE OF WEBSITE OR THE CONTENT THEREIN OR SERVICES PROVIDED BY APPRENTICE SHALL NOT EXCEED RS.1000/- (RUPEES ONE THOUSAND ONLY).

  21. IN THE EVENT APPRENTICE FACES ANY SUITS OR CLAIMS OR SUFFERS ANY - LOSSES OR DAMAGES OR INCURS ANY EXPENSE OWING TO THE ACTS OR OMISSIONS (INCLUDING BUT NOT LIMITED TO THE CONTRAVENTION OF THIS TOU OR PRIVACY POLICY OR APPLICABLE LAW) OF THE USER THEN SUCH USER SHALL FULLY INDEMNIFY, PROTECT AND HOLD HARMLESS APPRENTICE, ITS PARTNERS, EMPLOYEES AND ASSOCIATES FROM AND AGAINST SUCH LOSSES.

  22. In the event Apprentice has executed a separate written agreement with the User pertaining to the subject matter hereof, then such agreement shall be read with the terms of this TOU and Privacy Policy, incase of any conflict between the terms of such specific agreement and this TOU and Privacy Policy, the terms of such specific agreement (to the extent of the conflicting portion only) shall prevail.

  23. This TOU and Privacy Policy shall be governed by the laws of India. User agrees that all disputes shall be subject to arbitration by sole arbitrator appointed by Apprentice and the courts of Bangalore shall have the exclusive jurisdiction to decide any disputes between the parties (i.e. for obtaining interim relief and/or for enforcing the arbitral award). User and Apprentice shall equally share the cost incurred during the dispute resolution process.

  24. User agrees that Apprentice may amend or alter or vary this TOU and the Privacy Policy at any time without notice to the User it is the User’s responsibility to review the same from time to time.

  25. If any term or condition of this TOU and Privacy Policy shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the TOU shall continue in force without such term or condition.

  26. No delay or failure by Apprentice to enforce our rights or remedies under the Terms of Use or other policies shall constitute a waiver on Apprentice’s part of such rights or remedies unless such waiver is confirmed in writing.

  27. Apprentice shall not be liable for any failure or delay in performing any of its obligations under this TOU or Privacy policy if such delay or failure is attributable to reasons beyond its control (including but not limited to natural disasters, strikes, lock-outs, labour problems, work stoppages, riots, acts of terrorism, technical problems or failures, delays or failure of services by vendors).

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