TERMS OF SERVICE

1. Terms

The Kiwi Career Platform (including any website and web applications) is provided by Kiwi Career either directly or through its affiliates, including but not limited to Apnatime Tech Private Limited (“Kiwi Career India”). Kiwi Career and Kiwi Career India are collectively referred to as “Kiwi Career“. Through the Kiwi Career Platform, any person with a verified account (“User”) can view and apply for jobs, and access or participate in the services provided by Kiwi Career. Jobs are posted by independent third parties not related to or affiliated with Kiwi Career.

A User accessing the Kiwi Career Platform shall be bound by these Terms of Service, and all other rules, regulations, and terms of use referred to herein or provided by Kiwi Career in relation to any services provided via the Kiwi Career Platform (“Kiwi Career Services”).

Kiwi Career shall be entitled to modify these Terms of Service, rules, regulations, and terms of use referred to herein or provided by Kiwi Career in relation to any Kiwi Career Services at any time by posting the same on the Kiwi Career Platform. Use of the Kiwi Career Platform and Kiwi Career Services constitutes the User’s acceptance of such modified Terms of Service, rules, and regulations, as may be amended from time to time. Kiwi Career may, at its sole discretion, also notify the User of any change or modification in these Terms of Service, rules, or regulations by sending an email to the User’s registered email address, posting notifications in the User account, or through any other mode of communication.

The User may then exercise the options provided in such an email or notification to indicate non-acceptance of the modified Terms. If the User does not exercise such options within the prescribed timeframe, they will be deemed to have accepted the modified Terms of Service, rules, and regulations.

Certain Kiwi Career Services available on the Kiwi Career Platform may be subject to additional rules and regulations specific to those services. To the extent that these Terms of Service are inconsistent with such additional terms, the additional terms shall prevail.

Kiwi Career may, at its sole and absolute discretion:

  1. Restrict, suspend, or terminate any User’s access to all or any part of the Kiwi Career Platform or Kiwi Career Services;
  2. Change, suspend, or discontinue all or any part of the Kiwi Career Platform 
  3. Reject, move, or remove any material that may be submitted by a User;
  4. Move or remove any content that is available on the Kiwi Career;
  5. Deactivate or delete a User’s account and all related information and files on the account;
  6. Establish general practices and limits concerning use of Kiwi Career Platform;
  7. Assign its rights and liabilities to all User accounts hereunder to any entity (post such assignment intimation of such assignment shall be sent to all Users to their registered email ids).

In the event any User breaches, or Kiwi Career reasonably believes that such User has breached these Terms of Service, or has illegally or improperly used the Kiwi Career Platform or Kiwi Career Services, Kiwi Career may, at its sole and absolute discretion, and without any notice to the User, restrict, suspend, or terminate such User’s access to all or any part of the Kiwi Career Platform, deactivate or delete the User’s account and all related information, delete any content posted by the User on Kiwi Career, and further take such technical and legal steps as it deems necessary.

If Kiwi Career charges its Users a platform fee in advance in respect of any Kiwi Career Services, Kiwi Career shall, without delay, refund such platform fee in the event of suspension or removal of the User’s account or services due to any negligence or deficiency on the part of Kiwi Career. However, no refund shall be made if such suspension or removal is due to:

  • any breach or inadequate performance by the User of these Terms of Service; or

  • any circumstances beyond the reasonable control of Kiwi Career.

By accepting these Terms of Service, Users consent to receive communications such as announcements, administrative messages, and advertisements from Kiwi Career or any of its partners, licensors, or associates.

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2. Participation

When accessing and interacting with the Kiwi Career Platform and Kiwi Career Services, a User will be able to view and apply for jobs posted by potential employers for their respective organizations.

To view and apply for a job, a User shall be required to provide information about the User’s education, qualifications, past experience, and skills. While Kiwi Career does not tolerate or allow for discrimination on the basis of gender, certain jobs might be gender-specific and may be available only to persons of a certain gender. The User understands and acknowledges that such stipulations regarding gender specifications for certain jobs are not mandated by Kiwi Career and that such requirements are made solely by the job poster.

By agreeing to these Terms of Service and applying for a job through the Kiwi Career Platform, Users undertake that all information shared will at all times be accurate and not misleading. The User understands and acknowledges that any incorrect information or misrepresentations made by the User will affect the efficacy of the Kiwi Career Platform and Kiwi Career Services, and Kiwi Career shall have the right to suspend the User’s account if it is found that the information shared by the User is false or misleading.

Job applications made by Users on the Kiwi Career Platform shall remain active only for a period of 60 (sixty) days from the date of application to the job post. Upon expiry of this 60-day period, such job applications shall be archived (“Archived Job Applications“). Potential employers shall not have access to the list of such Users or the Archived Job Applications after this period. However, Users may re-apply to a job post (if still active) after the expiry of 60 days from the date of their original application.

Users agree that they shall at all times be bound by and adhere to the Code of Conduct while accessing the Kiwi Career Platform and using the Kiwi Career Services.

 

3. Intellectual Property

The intellectual property rights (“Intellectual Property Rights“) in all software underlying the Kiwi Career Platform and the Kiwi Career Services, as well as material published on the Kiwi Career Platform — including (but not limited to) software, advertisements, content (whether written, audio and/or visual), photographs, graphics, images, illustrations, graphs, charts, marks, logos, audio or video clippings, animations, etc. — are owned by Kiwi Career, its affiliates, partners, licensors, and/or associates.

Users may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on Kiwi Career, either in whole or in part, without express written permission from Kiwi Career.

Users are solely responsible for all materials (whether publicly posted or privately transmitted) that they upload, post, e-mail, transmit, or otherwise make available via the Kiwi Career Platform (“User’s Content“). Each User represents and warrants that they own all Intellectual Property Rights in the User’s Content and that no part of the User’s Content infringes upon any third-party rights.

Users further confirm and undertake not to display or use the names, logos, marks, labels, trademarks, copyrights, or other intellectual and proprietary rights of any third party on the Kiwi Career Platform without prior written authorization from such third party.

Users agree to indemnify and hold harmless Kiwi Career, its directors, employees, affiliates, and assigns against all costs, damages, losses, and harm — including litigation costs and counsel fees — arising out of any third-party claims, including claims of Intellectual Property Rights infringement, due to the display or use of third-party names, logos, marks, labels, trademarks, copyrights, or other intellectual property on the Kiwi Career Platform by such User, or through the User’s actions or omissions.

Users hereby grant to Kiwi Career and its affiliates, partners, licensors and associates a worldwide, irrevocable, royalty-free, non-exclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, and/or publish User’s Content for any of the following purposes:

  1. displaying User’s Content on Kiwi Career.
  2. distributing User’s Content, either electronically or via other media, to potential candidates, and/or
  3. storing User’s Content in a remote database accessible by end users, for a charge.
  4. This license shall apply to the distribution and the storage of User’s Content in any form, medium, or technology.

All names, logos, marks, labels, trademarks, copyrights, or intellectual and proprietary rights on the Kiwi Career Platform belonging to any person (including a User), entity, or third party are recognized as proprietary to the respective owners. Any claims, controversies, or issues regarding these names, logos, marks, labels, trademarks, copyrights, or intellectual and proprietary rights must be directly addressed to the respective parties, with a notice to Kiwi Career.

 

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4. Third Party Sites, Services and Products

A User’s correspondence, transactions/offers, or related activities with third parties—including but not limited to potential employers, payment providers, and verification service providers—are solely between the User and that third party. A User’s correspondence, transactions, and use of the services/offers of such third parties shall be subject to the terms and conditions, policies, and other service terms adopted or implemented by such third party, and the User shall be solely responsible for reviewing the same prior to transacting or availing of the services/offers of such third party. The User agrees that Kiwi Career will not be responsible or liable for any loss or damage of any kind incurred as a result of any such transactions or offers with third parties. Any questions, complaints, or claims related to any third-party product or service should be directed to the appropriate vendor.

The Kiwi Career Platform contains content that is created by Kiwi Career as well as content provided by third parties (including potential candidates). Kiwi Career does not guarantee the accuracy, integrity, or quality of the content provided by third parties, and such content may not be relied upon by the Users when utilizing the Kiwi Career Services provided on the Kiwi Career Platform.

 

5. Privacy Policy

  1. All information collected from Users, such as registration (including but not limited to email addresses, mobile phone numbers, government identity documentation) and payment information, is subject to Apna’s Privacy Policy which is available atPrivacy Policy.

  2. We do not share personal information of any individual with other companies/entities without obtaining permission. We may share all such information that we have in our possession in accordance with our Privacy Policy

  3. Once the personal information has been shared with you, you shall, at all times, be responsible to secure such information.

  4. You warrant and represent that you shall not disclose or transfer personal information shared by us to any sub-processors without ensuring that adequate and equivalent safeguards to the personal information.

  5. You, hereby agree and acknowledge that you will use the information shared with you only for the purpose of availing the Services. You shall not use such information for any personal or other business purposes. In the event you are found to be misusing the information shared with you, we shall, at our sole discretion, delete your account with immediate effect and you will be blocked from using/ accessing Kiwi Career Platform in future.

6 .User Conduct

Users agree to abide by these Terms of Service and all other rules, regulations, and terms of use of the Kiwi Career Platform and Kiwi Career Services. In the event a User does not abide by these Terms of Service or other applicable rules and regulations, Kiwi Career may, at its sole and absolute discretion, take necessary remedial action, including but not limited to:

  • restricting, suspending, or terminating any User’s access to all or any part of the Kiwi Career Platform and Services;

  • deactivating or deleting a User’s account and all related information and files on the account.

Any amount remaining unused in the User’s account on the date of deactivation or deletion shall be transferred to the User’s bank account on record with Kiwi Career, subject to any applicable processing fee.

Users agree to provide true, accurate, current, and complete information at the time of registration and at all other times (as required by Kiwi Career). Users further agree to update and keep their registration and other information accurate and current as needed.

A User shall not register or operate more than one User account with Kiwi Career.

Users agree to ensure they can receive all communications from Kiwi Career via email, SMS, WhatsApp, or any other mode. Kiwi Career shall not be liable if any communication remains unread by the User.

Any password issued by Kiwi Career to a User may not be shared with others. Users are responsible for maintaining the confidentiality of their accounts and passwords. Users agree to immediately notify Kiwi Career of any unauthorized use or breach of their account or credentials.

Users agree to log out of their accounts at the end of each session. Kiwi Career shall not be held responsible for any loss resulting from failure to do so.

Users agree not to use cheats, exploits, automation tools, bots, hacks, or any unauthorized software designed to interfere with the Kiwi Career Platform or Services.

Users agree not to:

  • copy, modify, rent, lease, sell, assign, reverse-engineer, or otherwise transfer rights to the technology or software underlying the Kiwi Career Platform or Services;

  • modify any files or software that are part of the Kiwi Career Services without express written consent;

  • disrupt or assist in disrupting servers or services used to operate Kiwi Career;

  • engage in denial-of-service attacks or distribute viruses or malware.

Users shall not attempt to gain unauthorized access to User accounts, servers, or networks connected to Kiwi Career, nor bypass or modify any security measures of the platform.

Users shall not publish or transmit content that is knowingly false, misleading, or intended to harass any person, organization, or entity for personal gain or harm.

Without limitation, Users agree not to use Kiwi Career to:

  • engage in offensive, defamatory, racial, or unlawful activities;

  • harass, stalk, or threaten others;

  • transmit inappropriate, profane, or illegal content;

  • upload files with viruses or malicious code;

  • advertise or sell products or services without written permission;

  • download or share illegal files or disassemble proprietary software;

  • falsify author credentials or remove proprietary notices;

  • restrict others from using Kiwi Career’s public features;

  • collect or store personal data or candidate information for unauthorized use;

  • build unauthorized databases of candidate profiles;

  • impersonate Kiwi Career representatives or other individuals;

  • forge data to conceal the origin of communication;

  • impose an unreasonable load on Kiwi Career’s infrastructure;

  • or engage in any action that threatens India’s unity, sovereignty, national security, or public order.

If a User chooses a username that is obscene, abusive, or controversial, Kiwi Career reserves the right to restrict, modify, or delete such usernames or deny the User access to the platform without notice.

Unauthorized access to the Kiwi Career Platform is a breach of these Terms and may violate applicable laws. Users agree to access the platform only through the interfaces provided by Kiwi Career and not through automated tools (e.g., bots, scripts, crawlers) unless explicitly permitted.

Use of the Kiwi Career Platform is subject to all applicable laws. Nothing in these Terms shall restrict Kiwi Career’s right to comply with law enforcement or government requests.

Persons under the age of 18 are not permitted to register with Kiwi Career. Users may be required to disclose their age during registration. Kiwi Career is not responsible for false age declarations. Any losses or liabilities resulting from such false declarations will be borne by the User, and if underage, by the User’s legal guardian(s), who agree to indemnify Kiwi Career and its affiliates.

Kiwi Career shall not be held responsible for any content contributed by Users on the Kiwi Career Platform.

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7. Eligibility

  1. The Kiwi Career Platform is open only to persons above the age of 18 years.
  2. The Kiwi Career Platform is open only to persons, currently residing in India.
  3. Persons who wish to participate must have a valid email address and/or mobile phone number.
  4. Kiwi Career may on receipt of information bar a person from accessing their Kiwi Career account if such person is found to be in violation of any part of these Terms of Service or the Code of Conduct.
  5. Only those Users who have successfully registered on the Apna Platform shall be eligible to Post view and/or apply for jobs via the Kiwi Career Platform.

8. Dispute and Dispute Resolution

If any dispute arises out of, or in connection with, the Kiwi Career Services provided by Kiwi Career via the Kiwi Career Platform—including the construction, validity, interpretation, and enforceability of these Terms of Service, or the rights and obligations of the User(s) or Kiwi Career—as well as the exclusive jurisdiction to grant interim or preliminary relief in the case of any dispute referred to arbitration as described below (“Dispute”), the disputing parties shall endeavor to settle such Dispute amicably. The attempt to bring about an amicable settlement shall be deemed to have failed if not resolved within 30 (thirty) days from the date the Dispute is communicated in writing.

If the parties are unable to amicably resolve the Dispute as stated above, any party to the Dispute shall be entitled to serve a notice invoking arbitration. The Dispute shall be referred to and finally resolved by arbitration. The arbitration shall be conducted by an Arbitral Tribunal consisting of a sole arbitrator in accordance with the Rules of the Delhi International Arbitration Centre (“DIAC Rules”), which rules are deemed to be incorporated by reference into this clause. The seat of the arbitration shall be New Delhi. The Tribunal shall consist of one arbitrator. The language of arbitration shall be English. The law governing the arbitration agreement shall be Indian Law.

Nothing shall preclude any party from seeking interim or permanent equitable or injunctive relief, or both, from the competent courts in New Delhi, having jurisdiction to grant relief on any Disputes. The pursuit of equitable or injunctive relief shall not constitute a waiver of the obligation of the parties to pursue any remedy (including for monetary damages) through the arbitration described herein.

The arbitration award shall be final and binding on the parties.

9. Release and Limitations of Liability

Users shall access the Kiwi Career Services provided via the Kiwi Career Platform voluntarily and at their own risk. Kiwi Career shall, under no circumstances, be held responsible or liable on account of any loss or damage sustained by Users or any other person or entity during the course of access to the Kiwi Career Platform.

By accessing the Kiwi Career Platform and the Kiwi Career Services provided therein, Users hereby release from and agree to indemnify Kiwi Career, and/or any of its directors, employees, partners, associates, and licensors, from and against all liability, cost, loss, or expense arising out of their access of the Kiwi Career Platform and the Kiwi Career Services including (but not limited to) personal injury and damage to property, whether direct, indirect, consequential, foreseeable, due to some negligent act or omission on their part, or otherwise.

Kiwi Career accepts no liability, whether jointly or severally, for any errors or omissions, whether on behalf of itself or third parties in relation to the data/information collated and published on the Kiwi Career Platform.

Users shall be solely responsible for any consequences which may arise due to their access of Kiwi Career Services by conducting an illegal act or due to non-conformity with these Terms of Service and other rules and regulations in relation to Kiwi Career Services, including provision of incorrect personal details. Users also undertake to indemnify Kiwi Career and their respective officers, directors, employees, and agents in the event of such acts (including, without limitation, cost of attorney, legal charges, etc.) on a full indemnity basis for any loss/damage suffered by Kiwi Career on account of such actions by the Users.

Users shall indemnify, defend, and hold Kiwi Career harmless from any third party/entity/organization claims arising from or related to such User’s engagement with the Kiwi Career Platform. In no event shall Kiwi Career be liable to any User for acts or omissions arising out of or related to the User’s engagement with the Kiwi Career Platform.

In consideration of Kiwi Career allowing Users to access the Kiwi Career Platform, to the maximum extent permitted by law, the Users waive and release each and every right or claim, all actions, causes of actions (present or future) each of them has or may have against Kiwi Career, its respective agents, directors, officers, business associates, group companies, sponsors, employees, or representatives for all and any injuries, accidents, or mishaps (whether known or unknown or whether anticipated or unanticipated) arising out of the provision of Kiwi Career Services.

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10. Disclaimers

To the extent permitted under law, neither Kiwi Career nor its parent/holding company, subsidiaries, affiliates, directors, officers, professional advisors, or employees shall be responsible for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material.

To the extent permitted under law, Kiwi Career shall not be responsible for any harm resulting from downloading or accessing any information or material, the quality of servers, products, Kiwi Career Services, or sites.

Any material accessed, downloaded, or otherwise obtained through the Kiwi Career Platform is done at the User’s discretion, competence, acceptance, and risk, and the User will be solely responsible for any potential damage to the User’s computer system or loss of data that results from a User’s download of any such material.

Kiwi Career shall make best endeavors to ensure that the Kiwi Career Platform is error-free and secure. However, neither Kiwi Career nor any of its partners, licensors, or associates makes any warranty that:

  • the Kiwi Career Platform will meet Users’ requirements;

  • the Kiwi Career Platform will be uninterrupted, timely, secure, or error-free;

  • the results that may be obtained from the use of the Kiwi Career Platform will be accurate or reliable; and

  • the quality of any products, Kiwi Career Services, information, or other material that Users purchase or obtain through the Kiwi Career Platform will meet Users’ expectations.

In case Kiwi Career discovers any error, it reserves the right (exercisable at its discretion) to rectify the error in such manner as it deems fit, including through a set-off of the erroneous payment from amounts due to the User or deduction from the User’s account of the amount of erroneous payment. In case of the exercise of remedies in accordance with this clause, Kiwi Career agrees to notify the User of the error and the actions taken to rectify the same.

To the extent permitted under law, neither Kiwi Career nor its partners, licensors, or associates shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use our sites, even if Kiwi Career has been advised of the possibility of such damages.

Any Kiwi Career Services being hosted or provided, or intended to be hosted on the Kiwi Career Platform and requiring specific permission or authority from any statutory authority or any state or the central government, or the board of directors, shall be deemed cancelled or terminated if such permission or authority is either not obtained or denied either before or after the availability of the relevant Kiwi Career Services are hosted or provided.

To the extent permitted under law, in the event of suspension or closure of any Kiwi Career Services, Users shall not be entitled to make any demands, claims, of any nature whatsoever.

11. Grievance Redressal Mechanism

In case a User has any complaints or grievance pertaining to:
(i) any Content that a User believes violates these Terms (other than an infringement of Intellectual Property Rights),
(ii) Users’ access to the Kiwi Career Platform, or
(iii) any Content which a User believes is, prima facie, in the nature of any material which is obscene, defamatory towards the complainant or any person on whose behalf such User is making the complaint, or is in the nature of impersonation in an electronic form, including artificially morphed images of such individual, please share the same with us by writing to: info@kiwicareer.com

In the complaint or grievance, the User shall include the following information:

  • Name and contact details: name, address, contact number and email address;

  • Relation to the subject matter of the complaint, i.e. complainant or person acting on behalf of an affected person;

  • The name and age of the person aggrieved or affected by the subject matter of the complaint, in case the User is acting on behalf of such person and a statement that the User is authorised to act on behalf of such person and to provide such person’s personal information to Kiwi Career in relation to the complaint/grievance;

  • Description of the complaint or grievance with clear identification of the Content in relation to which such complaint or grievance is made;

  • A statement that the User believes, in good faith, that the Content violates these Terms and Conditions;

  • A statement that the information provided in the complaint or grievance is accurate.

Kiwi Career respects the Intellectual Property Rights of others. All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the Kiwi Career Platform belonging to any person (including User), entity or third party are recognized as proprietary to the respective owners. Users are requested to send Kiwi Career a written notice/intimation if Users notice any act of infringement on the Kiwi Career Platform, which must include the following information:

  • A clear identification of the copyrighted work allegedly infringed;

  • A clear identification of the allegedly infringing material on the Kiwi Career Platform;

  • Contact details: name, address, e-mail address and phone number;

  • A statement that the User believes, in good faith, that the use of the copyrighted material allegedly infringed on the Kiwi Career Platform is not authorized by the User’s agent or the law;

  • A statement that the information provided in the notice is accurate and that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;

  • User’s signature or a signature of the User’s authorized agent.

The aforesaid notices can be sent to the Company by email at info@kiwicareer.com

On receiving such complaint, grievance or notice, Kiwi Career reserves the right to investigate and/or take such action as Kiwi Career may deem appropriate. Kiwi Career may reach out to the User to seek further clarification or assistance with the investigation, or verify the statements made in the complaint, grievance or notice, and the User acknowledges that timely assistance with the investigation would facilitate the redressal of the same.

The name and title of the Grievance Redressal Officer is as follows:

Name: Kiwi Career
Email: info@kiwicareer.com

Address:
Kiwi Career Private Limited,
New Delhi

The Grievance Officer identified above pursuant to the provisions of applicable laws including but not limited to the Information Technology Act, 2000 and the Consumer Protection Act, 2019, and the Rules enacted under those laws. The Company reserves the right to replace the Grievance Redressal Officer at its discretion through publication of the name and title of such replacement on the website, which replacement shall come into effect immediately upon publication.