End User License

END USER LICENSE AGREEMENT
THIS END USER LICENSE AGREEMENT (“EULA”) is made effective between M/s. Collar Check Pvt. Ltd. and you (either as an individual, a single corporation, or other legal entity that utilizes our platform) ("USER"), and shall be effective from the date of the present EULA Agreement on the date set forth below (“EFFECTIVE DATE”). This Agreement shall be made effective on & from the day it is first uploaded, published and made available on the public domain on the official portal of M/s. Collar Check Pvt. Ltd.; and every User availing of the benefits of M/s Collar Check Pvt. Ltd. ( as defined in Article (1.13) of this Agreement) shall be deemed as having constructive notice of its terms. This Agreement constitutes a Click Wrap Agreement, the contents whereof; and the terms and conditions governing which stand binding on an End User (as defined by Article (1.13) of this Agreement) stand binding on acceptance. This Agreement is intended to operate for the benefit of individuals starting, or advancing their careers; freelancers; corporate entities streamlining background checks; companies looking to hire top-rated employees; hiring managers seeking transparency in recruitment matters; jobseekers looking for direct employer connection; HR professionals seeking effective recruitment tools; employers seeking to enhance workplace diversity; organisations focusing on employee retention; employees seeking professional growth; and freelancers seeking long-term client. The terms set forth under; and constituting this Agreement shall be in addition to the Cookie Policy, Data Privacy Policy Agreement; Data Retention Agreement; as well as Data Mining & Sale Agreement published on our website. The terms set forth and constituting this Agreement shall be also deemed to cover all our affiliate concerns having a direct, substantial or remote relationship with, or otherwise affected by terms and conditions of this Agreement. This Agreement aims to streamline employment recruitment processes by ensuring employers (including potential employers) are able to verify profile & background of verified employees (or potential employees thereof) ; and is intended to save time and costs involved on lengthy background checks by relying on automated checking systems.
1. DEFINITIONS.
Unless repugnant to the context or subject-matter of this Agreement; and save as otherwise provided for, whether expressly or by implication, the following expressions shall always stand to mean, cover and include as follows:
1.1. “AGREEMENT” shall mean this End User License Agreement (‘EULA’ for intents and purposes of brevity) executed between M/s. Collar Check and a potential user of this platform, by which Agreement shall be legally binding on the Parties as of the date of creation of a profile, whether for hiring or applying purposes thereupon.
1.2. “ACCESS CONTROL MECHANISM” shall include all measures, inclusive of technical measures, through which access to online curated content may be restricted, based on verification of identity or age of potential users.
1.3. “ACCESS SERVICES” shall include all services, including, but not limited to technical services such as closed captioning, subtitles and/or audio descriptions through which access or accessibility to online curated content offered by M/s. Collar Check may be improved from time to time for benefit of any user affected by a disability.
1.4. “ACT” shall mean the Information Technology Act, 2000 as well as the Digital Data Protection Act, 2023 to the limited extent applicable to & consistent with the terms and conditions set forth and governing this Agreement.
1.5. “CC-ID” shall, for purposes of this Agreement, refer to the unique identification number assigned to an individual user of this platform, as defined by Article (1.13) which allows their profile to be distinguished from that of others;
1.6. “COMMUNICATION LINK” shall, for all intents and purposes of this Agreement, mean the connection between a hypertext or graphical element, and one or more items in either the same, or different electronic document wherein, or whereupon the clicking on, or of a hyperlinked item, the User is automatically transferred to the other end of the hyperlink which can be another electronic record or another website or application or graphical element;
1.7. “CONTENT” shall refer to the electronic record, as defined under Section 2(t) Information Technology Act, 2000;
1.8. “CONTENT DESCRIPTOR” shall mean the issues and concerns which are relevant to the classification of any online curated content, including discrimination, depiction of illegal or harmful substances, imitable behaviour, nudity, language, sex, violence, fear, threat, horror and other such concerns as is specified under this Agreement;
1.9. GRIEVANCE” shall include any complaint, whether regarding any content, any duties of an intermediary or publisher under the Act, or other matters pertaining to, or arising out of computer resources of M/s. Collar Check;
1.10. “INTERMEDIARY PLATFORM” shall for the purposes of this Agreement, refer to M/s. Collar Check in its capacity as a employment facilitator in enabling users of its services to create, upload, share, disseminate, modify and/or access any information related to employment purpose, subject nevertheless to compliance with Indian law;
1.11. “ONLINE CURATED CONTENT” shall mean any form, or forms of curated catalogue of audio-visual content, other than news and current affairs content owned by, licensed to or contracted to be transmitted by a publisher of online curated content, and made available on demand, including but not limited exclusively to, or through acts of subscription by an end user of the services offered by M/s. Collar Check over the internet or computer networks;
1.12. “PERSONAL INFORMATION” shall mean all, or any such information that relates to an user, which, either directly or indirectly, in combination with other information available or likely to be available with a body corporate, is capable of identifying such person; and shall be deemed to include all documents capable of ascertaining the identity or credentials of an end user of the services offered by this Intermediary Platform thereto;
1.13. “USER” shall, for all intents and purposes of this Agreement, mean any person, whether as a hiring employer or potential employee who accesses or avails any computer resource of M/s Collar Check for the sole intents and purposes of hosting, publishing, sharing, transacting, viewing, displaying, downloading or uploading information and includes other persons jointly participating in using such computer resource and addressee and originator;
1.14. “USER ACCOUNT” shall, all intents of this Agreement, mean the account registration of a user with an intermediary or publisher and includes profiles, accounts, pages, handles and other similar presences by means of which a user is able to access the services offered by M/s. Collar Check in its capacity as an intermediary platform;
2. ABOUT M/S.. COLLERCHECK
2.1 M/s. Collar Check Pvt. Ltd. is an intermediary platform, as defined that connects all potential employers and employees, in addition to enabling employees to showcase their entire career journey, including verified work history and reviews from past managers, thereby making it easier for a potential employee to prove itself at the next interview. M/s. Collar Check Pvt. Ltd. is absolutely free to use, both from perspective of a potential employer & that of an employee, and no hidden fees, charges or other costs are involved in the utilising of this user-friendly intermediary platform.
2.2 At M/s. Collar Check, our platform allows signing-up individuals to showcase their complete career journey, backed by verified work histories, real-time feedback, and essential credentials, thus making it easy for employers to identify and hire top talent. Our vision is to revolutionise the hiring process for both employers and employees by providing a seamless platform connecting verified talent with employees. In this context, we aim for every individual to have a verified CV for purposes of ensuring that top talents are recognised & hired transparently.
2.3 Our motto is to revolutionize the way professionals present themselves to employers. To this extent, we strive for every individual user of our platform to have a Collar Check ID (“CC ID”), the specifics whereof are set forth in Article (3) of this Agreement; and whose purpose is to replace the traditional CV found on employment portals. With our innovative approach, the unique CC-ID generated would constitute a digital professional identity of the user for whom it purports to be assigned to, in additional to offering verified information about the skills, experiences and background of such user in one accessible place. The advanced version of this (i.e. ‘CC PRO’) serves as a dynamic, real-time representations of the qualifications and work history of the past of a potential employee, thus making the need for outdated resumes and CVs a thing of the past/antiquated /ancient relic hereto. We believe that this move would mutually assist both job seekers & employers by ensuring greater accuracy, trust, and transparency in the hiring process, whilst promoting our main goal of assisting individuals to build credibility and stand out, whilst, at the same time, empowering companies to hire the most qualified talent with confidence.
3. CREATION OF PROFILE
3.1 A potential user of this Intermediary Platform (as defined by Article 1.10) is only required to sign up on our platform, fill out professional details, upload their work history & ask their employer(s) to verify their credentials; and all such profiles created shall be termed as “CC ID” within the meaning of Article (1.5) of this Agreement. In case a current or past employer is not registered on this platform, a potential end user, including, but not limited to a current or past employee may invite them to join this platform by adding them to its employment history.
4. FEEDBACK
4.1 An end user of this intermediary platform may request positive feedback and/or reviews from past managers; but nothing shall prevent M/s. Collar Check from publishing, displaying, uploading, transmitting or otherwise sharing any comments, endorsements and/or reviews which it has reason to believe as being harmful to, or which tends to, or is otherwise injure the reputation of the Party, whether directly or otherwise, in the eyes of another, including, but not limited to acts whereby the content published in form of feedback, comment or reviews thereby causes, or tends to cause discredit to the character of the user in the eyes of a third-party user or Accessor to that platform; but nothing herein contained shall require M/s. Collar Check to remove any content which (a) is true information, or; (b) is made respecting the conduct of any person, whether as an user or otherwise, if it is otherwise respectful
4.2 The provisions set forth in Article (4.1) of this Agreement shall, inter alia¸also apply to the issues and concerns relevant to classification of any online curated content, including discrimination, depiction of illegal or harmful substances, imitable behaviour, nudity, language, sex, violence, fear, threat, horror and other such concerns hereto. PROVIDED ALWAYS THAT nothing shall apply to invoke operation of this Part where the End User of this platform drafts out their own review and requests their manager, or other authorised personnel to vet and approve the same. PROVIDED FURTHER THAT nothing shall authorise an end user of this intermediary platform being an employer from writing a review on Collar Check about an employee in cases where (a) such employee is currently working with such organization; or; (b) a period not exceeding seventy-two hours from the employer from the time the employee leaves the organisation to the extent that such review is consistent with the requirements of Article (4). PROVIDED FURTHER THAT nothing contained under Proviso (2) shall apply or operate to prevent an employer from editing the review thereby posted up to a maximum of three times, or three days’ limit, whichever is higher.
5. APPEAL
5.1 In particular and without prejudice to the generality of this Agreement, nothing shall prevent an end user of this platform being an employer, employee (or ex-employee) from appealing to the Controller, M/s. Collar Check from deleting any information which is viewed by such employer, employee (or ex-employee) as factually misleading, or which is otherwise harmful to, or which tends to, or is otherwise injure the reputation of such user, whether directly or otherwise, in the eyes of another, including, but not limited to acts whereby the content published by such employer or employee in its capacity as an end user in form of wrong feedback, comment or reviews thereby causes, or tends to cause discredit to character of the user in eyes of a third-party user or Accessor to this platform.
6. CONTENT MODERATION
6.1 In compliance with provisions set forth & governing Information Technology Act, 2000, Information Technology (Reasonable Security Practices, Procedures & Sensitive Personal Data or Information) Rules; the Digital Personal Data Protection Act, 2023 & other laws in force within the territory of India, M/s. Collar Check, with a view to complying with its statutory obligations, do hereby reserve in itself, full powers to impose reasonable restrictions, including restrictions set forth in Article (4) of this Agreement in relation to the usage of its services to an End User of this platform with respect to information provided by such End User, whether by complaint or suo motu.
6.2 For the purpose of compliance with this Part, M/s. Collar Check may take necessary access control mechanisms / measures, inclusive of technical measures, through which the access to online curated content may be restricted, based on verification of identity or age of potential users, including but not limited to technical services such as closed captioning, subtitles and/or audio descriptions through which access or accessibility to online curated content offered by M/s. Collar Check may be improved from time to time for benefit of users affected by disability, including all services, including, but not limited to technical services such as closed captioning, subtitles and/or audio descriptions through which access or accessibility to online curated content offered by M/s. Collar Check may be improved from time to time for benefit of any user, or class of users affected by one or more disabilities.
6.3 All issues and concerns which are relevant to classification of any online curated content, including discrimination, depiction of illegal or harmful substances, imitable behaviour, nudity, language, sex, violence, fear, threat, horror and other such concerns (HEREAFTER referred to as ‘CONTENT DESCRIPTOR’) shall be reported forthwith without delay to the Nodal Officer appointed by M/s. Collar Check to redress such grievances; and all such complaints therein shall, after registration, be redressed within a period of fourteen days from acknowledgement of receipt.
7. ACCESS TO SALARY DETAILS
7.1 M/s. Collar Check recognises that whilst information relating to the pay scale of a particular employment vacancy constitutes a public record, information appertaining to the full salary details of an employee constitute private information, and hence consent of an employee (or ex-employee) shall be sought in all cases by M/s. Collar Check where an employer, or potential employer seeks material particulars of the same from M/s. Collar Check thereupon. PROVIDED THAT upon permission accorded by an employee for purposes of this Part shall be valid for a period of seventy two hours within which period of time an employer may access salary details & completion of which the salary details thereby provided shall be redacted with effect by M/s. Collar Check pursuant to data privacy laws.
8. REASONABLE SECURITY PRACTICES AND DATA PRIVACY
8.1 M/s. Collar Check shall exercise utmost care and attention in ensuring the security and privacy of the profile of an end user of its services; including possessing, dealing or handling any sensitive personal data or information which is stored in its servers; but nothing herein shall operate to apply to excuse M/s. Collar Check from liability wherein or whereupon it is found to be negligent or reckless in implementing and maintaining reasonable security practices and procedures required to be maintained by it, thereby causes wrongful loss or wrongful gain to an user.
9. PERSONAL INFORMATION
9.1 M/s. Collar Check recognises that in accessing its services, an end user of this Agreement may be required to provide personal information relating to its sexual orientation; address, age, or other factor which may tend to identify it in the public domain & undertakes that all such information available on its platform shall be regulated by its Privacy Policy in matters governing collection, receipt, storage, handling or archiving of such information.
9.2 Nothing shall prevent M/s. Collar Check from collecting any sensitive personal data or information unless such information is collected for a lawful purpose connected with a function or activity of M/s. Collar Check or any authorised personnel on its behalf who is authorised by it in writing to collect such information on its behalf; and unless collection of the sensitive personal data or information of an User is considered necessary for that purpose.
9.3 Whilst collecting information directly from an end user of its platform, M/s. Collar Check shall take such steps or other reasonable measures to ensure that such user is properly intimated of the following: (a)the fact that such information is being collected by M/s. Collar Check, including the purposes therein; (b) the intended recipients of such information; (c) the agency collecting & retaining the information specified herein & (d) any other matters.
10. ACCESS TO PAST JOBS
10.1 Subject to the reasonable restrictions set forth and provided in Article (4) of this Agreement, nothing herein contained shall prevent an employer (including potential employer) from viewing past employment position and/or records of an employee for assessment purposes with respect to the prospective hiring potential of any candidate.
11. RETENTION OF INFORMATION
11.1 Nothing shall authorise M/s. Collar Check from retaining information for longer than is required for the purposes for which the information may lawfully be used or is otherwise required under any law for the time being in force
12. VERIFICATION PROCESS
12.1For purposes of ensuring a seamless verification process for its end users, M/s. Collar Check integrates various identity verification tools using only the phone number, e-mail & verification through DigiLocker app thereunto.
13. UPDATING PROFILE
13.1An employee, employer or job-seeker may, subject nevertheless to terms of this Agreement, update their personal details, skills and/or feedback at any point of time for purposes of ensuring that their profile is always up to date.
14. M/S. COLLAR CHECK AS AN EMPLOYMENT FACILITATOR
14.1As an intermediary platform within meaning of Information Technology Act , M/s. Collar Check allows an employee to showcase their verified career journey & manager feedback. The more positive ratings & endorsement an employee receives, the more creditability is their profile, hence making it easier for employers to trust employee qualifications & past performances, leading to increasing of chances of being offered new opportunities as a result.
15. SHOWCASE OF WORK
15.1An employee may voluntarily showcase its work (or part) by uploading it in JPG, JPEG, PDF, MP-4 or in form of links to the extent that the same is compliant with the provisions set forth under Article (3) of this Agreement
15.2 The provisions of Article (15) shall apply, mutatis mutandi , to a potential jobseeker registering on this platform.
16. ROLE OF COLLAR CHECK AS AN INTERMEDIARY PLATFORM
16.1 As an intermediary platform, M/s. Collar Check shall be construed as a facilitator enabling candidates to connect with potential employers, but nothing herein should be construed as a guarantee of employment; that is to say, the creation of an user account, as defined by Article (1.14) of this Agreement & showcase of work of a jobseeker in hopes of securing employment using this platform should not be construed as being a guarantee of employment.
17. REVIEWS BY EMPLOYERS
17.1 SUBJECT TO Proviso (2) & (3) of Article (4), an Employer may post a review about an employee to the extent that the same is not harmful to, or otherwise injurious to the reputation of the employee (or past employee), whether directly or otherwise, in the eyes of another, including, but not limited to acts whereby the content published by such Employer in the form of feedback, comments and/or reviews thereby causes, or tends to cause discredit to the character of the employee (or ex-employee) in the eyes of a third-party user or Accessor to this platform hereto.
18. INDEMNITY AND LIMITATIONS OF LIABILITY
18.1Nothing in this Agreement shall render M/s. Collar Check liable for any losses, damages or injuries incurred, or suffered by an End User of its services, whether by way of suit, appeal, revision, claim, tort, execution or other proceedings to the limited extent that all representations made herein were acted in good faith by such user; but nothing shall apply to acts, deeds, representations, warranties or conducts of M/s. Collar Check which have been so made in bad faith; or in gross negligence and on which basis an User of this Intermediary Platform relies on.
19. ACCESSIBILITY FOR PEOPLE WITH DISABILITIES OR SPECIAL NEEDS (APDSN)
19.1.M/s. Collar Check is committed to making its platform accessible to all, regardless of disabilities. Keeping in mind users are required to navigate, engage with & benefit from our services, we adhere to following accessible principles set forth in Article (19.2)-(19.9) of this Agreement to provide an inclusive experience for all our users.
19.2.At M/s. Collar Check, we are committed to meeting the Web Content Accessibility Guidelines (“WCAG”) 2.1 standards, thus ensuring that users with disabilities can access and interact with our platform. We focus on providing seamless experience for users seized of visual, auditory & motor impairments, as well as special needs.
19.3.We ensure that all features on our platform can be accessed and operated only using a keyboard, keeping in mind users with motor impairment may have to rely on keyboard navigation without need for a mouse or touch gesture.
19.4.M/s. Collar Check is fully compatible with screen readers. To clarify, it is clarified that an user having visual impairment can rely on screen readers to read out text content, navigation elements, and any other important or relevant information on the site. To this effect, we have implemented proper ARIA (‘ACCESSIBLE RICH INTERNET APPLICATIONS’) attributes to ensure that all information is conveyed clearly to all of our users.
19.5.To assist users with visual impairments or colour blindness, we provide high-contrast text & background to make content more readable, in addition to offering options to adjust text side, thus ensuring optimal readability for all.
19.6.All images on our platform, including profile pictures and logos, are accompanied by descriptive alt text, which allows screen reader end users to comprehend and understand the context and meaning of the images thereof. In case a particular user requires additional visual adjustments, our platform provides customizable user interface (‘UI’) elements, so that our users can adjust font sizes, color schemes & other visual elements to suit their needs. Further, all multimedia content, inclusive of videos and audio clips, are provided with captions or transcripts, so that if an user is deaf or hard of hearing, they can access that information. To this extent, we, at M/s. Collar Check also make it a point to ensure that videos are compatible with screen readers and other assistive technologies. Our platform has also specifically been designed & optimized for mobile devises, keeping in mind the needs of a disabled user & ensuring a disabled user can also easily navigate and complete tasks effectively and efficiently.
19.7.Our platform is fully optimized for mobile devises, tablets and other communication devises, ensuring that a user with disabilities can also navigate and use our platform seamlessly on their smartphones and tablets as well. Further, the mobile version of our platform also adheres to the same accessibility guidelines as the desktop site.
19.8.In the event of an user(including an user with disability) facing, or otherwise encountering an error on our platform, such as form submissions, we, at M/s. Collar Check provide clear error messages, along with helpful suggestions to correct the issue, so that disabled users with cognitive disabilities can complete tasks efficiently.
19.9.At M/s. Collar Check, we are also continuously evaluating and improving the accessibility of our platform to ensure that our users can access and benefit from our services. It is our intention towards inclusivity that ensures that M/s. Collar Check remains an accessible and user-friendly platform for everyone, whether disabled or not.
20. HELP CENTRE
20.1.At M/s. Collar Check, our endeavour is to provide you with all the support you need to make the most out of our platform. Whether you are an employee, employee or jobseeker, or are simply an employee looking to showcase your career journey or an employer reviewing candidate profiles, our Help Centre is here to assist you.
20.2.In case this is your first time using our platform, whether as an employer, employee or otherwise you may visit our “Getting Started” section, where step-by-step instructions are given to create an account, setting up a profile & navigating our platform. We intend to make our time with you, as an end user of our platform, memorable.
20.3.In case of difficulties in setting up a particular profile or updating career information, a User may cause to refer to the various guides published by M/s. Collar Check on the adding of work experience, showcasing of achievements & managing privacy settings. For any technical difficulties or trouble in accessing certain features, including issues relating to accessing certain features, profile visibility and common technical problems, an User is suggested to visit the troubleshooting section of M/s. Collar Check’s platform or contact the technical team. If any personalized assistance is required, the User is requested to contact M/s. Collar Check by phone, email or live chat as objective of M/s. Collar Check is intended to ensure that employers & employees, including potential employees & jobseekers have a smooth and positive experience whilst using the website & app versions thereto.
21. PERFORMANCE OF CONTRACT.
21.1Unless otherwise impaired by act of force majeure, as defined by Article (21.2), you, as an End User of the services offered by this Agreement, expressly undertake to perform your respective obligations to the limited extent that the same does not qualify as a breach of contract, or result in contravention of domestic laws in force within the territorial limits of India or international conventions to which we are a Convening Signatory Party.
21.2 The performance of this Agreement shall be excused in the following situations, where, due to unauthorized access by any person to any confidential data, notes or information held in electronic form with intent to modify, destroy, record or corrupt; or otherwise destroy, damage or degrade such information, the interests of a Party thereby are affected & lead to non-performance of this Agreement; or where the services of this intermediary stand suspended by way of notification, circular or order of the State, or any Agency authorised by it in writing.
22 DEATH NOT TO INVALIDATE AGREEMENT.
22.1The demise of a Party to this transaction shall not, by itself, be deemed to be a valid grounds for invalidating or otherwise excusing performance enforcement of this Agreement against its legal heirs or personal representatives.
23 TIME OF THE ESSENCE.
23.1For purposes of ensuring performance of this Agreement with respect to doing of any act stipulated herein, it is mutually covenanted hereto that Time shall always be deemed to be of the utmost essence of this Agreement
24. WAIVER OF OBJECTIONS
24.1By accessing website of the Intermediary, including at time of signup on the portal of M/s Collar Check, a User, whether in its capacity as a employer or employee (or ex-employer and ex-employee) do hereby cause to waive all potential objections, claims, doubts or otherwise as to vires of this Agreement; and stands expressly bound by all the assurances, conditions, covenants, representations, stipulations, terms & warranties herein set forth.
25. .ASSIGNMENT OR TRANSFERABILITY OF CONDITIONS
25.1 Other than for purposes of performance of this Agreement, nothing shall be construed as authorising an User of the services offered by this Intermediary Platform from assigning, conveying or transferring any of its obligations towards its Counter-Party(i.e. hiring employer, or employee) in any manner inconsistent with this Agreement
26. MISCELLANEOUS
26.1 For matters not expressly provided hereto, the provisions set forth under the Indian Contract Act; Information Technology Act, 2000; the Digital Personal Data Protection Act, 2023 & other laws in force shall apply.
27. AMENDED AND CONSOLIDATED VERSION
27.1 This Agreement constitutes the amended and consolidated, up-to-date version of this EULA Agreement, and is executed and made effective as of the Day, Month and Year above.
28. UPDATES
28.1 This Agreement may be updated from time to time. The “Last Updated” date at the bottom of our website page will provide the exact date & time on which updated version of this Agreement was uploaded on our platform.
29. CONTACT
29.1 If you have questions or concerns regarding the contents of our Privacy Policy, Terms of Service or this Agreement, or if you need assistance in managing your account, please contact us at support@collarcheck.com for redressal of your grievances.