EMPLOYEER TERMS OF SERVICE

1. Usage of Apna

The Kiwi Career Platform (including website and web applications) is provided by Kiwi Career Inc. (“Kiwi Career”) either directly or through its affiliates including but not limited to Kiwicareer Tech Private Limited (“Kiwi Career India”). Through the Kiwi Career Platform, any person with a verified account can post jobs (“Job Poster”) to the Kiwi Career Platform, access, and participate in the services provided by Kiwi Career. By using the Kiwi Career Platform, you consent to the terms of the Terms of Service in addition to our Privacy Policy.

A Job Poster 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 Kiwi Career constitutes the Job Poster’s acceptance of such modified Terms of Service, rules, regulations, and terms of use referred to herein or provided by Kiwi Career in relation to Kiwi Career Services, as may be amended from time to time. Kiwi Career may, at its sole discretion, also notify the Job Poster of any change or modification in these Terms of Service, rules, regulations, and terms of use referred to herein or provided by Kiwi Career, by way of sending an email to the Job Poster’s registered email address or posting notifications in the Job Poster accounts. The Job Poster may then exercise the options provided in such an email or notification to indicate non-acceptance of the modified Terms of Service, rules, regulations, and terms of use referred to herein or provided by Kiwi Career. If such options are not exercised by the Job Poster within the time frame prescribed in the email or notification, the Job Poster will be deemed to have accepted the modified Terms of Service, rules, regulations, and terms of use referred to herein or provided by Kiwi Career.

Certain Kiwi Career Services being provided on Kiwi Career may be subject to additional rules and regulations set down in that respect. To the extent that these Terms of Service are inconsistent with the additional conditions set down, the additional conditions shall prevail. Kiwi Career may, at its sole and absolute discretion:

  • Restrict, suspend, or terminate any Job Poster’s access to all or any part of the Kiwi Career Platform or Kiwi Career Services;

  • Change, suspend, or discontinue all or any part of the Kiwi Career Platform or Kiwi Career Services;

  • Reject, move, or remove any material that may be submitted by a Job Poster;

  • Move or remove any content that is available on the Kiwi Career Platform;

  • Deactivate or delete a Job Poster’s account and all related information and files on the account;

  • Establish general practices and limits concerning use of the Kiwi Career Platform;

  • Assign its rights and liabilities to all Job Poster accounts hereunder to any entity (post such assignment, intimation of such assignment shall be sent to all Job Posters to their registered email ids).

In the event any Job Poster breaches, or Kiwi Career reasonably believes that such Job Poster 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 Job Poster, restrict, suspend or terminate such Job Poster’s access to all or any part of the Kiwi Career Platform, deactivate or delete the Job Poster’s account and all related information on the account, delete any content posted by the Job Poster on Kiwi Career and further, take technical and legal steps as it deems necessary.

If Kiwi Career charges its Job Posters a platform fee in respect of any Kiwi Career Services, Kiwi Career shall, without delay, repay such platform fee in the event of suspension or removal of the Job Poster’s account or Kiwi Career Services on account of any negligence or deficiency on the part of Kiwi Career, but not if such suspension or removal is effected due to:

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

  • any circumstances beyond the reasonable control of Kiwi Career.

By accepting these Terms of Service, Job Posters are providing their consent to receiving communications such as announcements, administrative messages, and advertisements from Kiwi Career or any of its partners, licensors, or associates.

2. Participation

When accessing and interacting with the Kiwi Career Platform and Kiwi Career Services, a Job Poster will be able to post jobs to source and hire potential candidates and employees for the Job Poster’s organization, view the profiles of suitable candidates who have the requisite skills and experience for the particular job(s) that the Job Poster is hiring for, and schedule interviews with potential candidates/employees.

To post a job, a Job Poster shall be required to provide information about the job such as the job role, whether the job is part-time or full-time, the days of work, work timings, the salary range for the job, the number of openings for the said job, the minimum education level, and the level of experience required for the job. While Kiwi Career does not tolerate or allow for discrimination on the basis of gender, Kiwi Career also recognizes that certain jobs might be gender-specific, and Job Posters have the option of specifying whether a job is gender-specific. By agreeing to these Terms of Service and while posting a job on the Kiwi Career Platform, Job Posters undertake that all information posted about a job will at all times be accurate, not misleading, and that the Job Poster is not indulging in any discriminatory practices. The Job Poster understands and acknowledges that any incorrect information or misrepresentations about a job will affect the efficacy of the Kiwi Career Platform and Kiwi Career Services, and that Kiwi Career shall have the right to remove a job posting or suspend the Job Poster’s account.

The job applications by the candidates on the Kiwi Career Platform shall remain active only for a period of 60 (sixty) days from the date of application to the job posts, and upon the expiry of the said period of 60 (sixty) days, such job applications shall be archived (“Archived Job Applications”). The Job Posters shall not have access to the list of such candidates or to the Archived Job Applications upon the expiry of 60 (sixty) days. The candidates, however, may re-apply to a job post (if still active) after the expiry of 60 (sixty) days from the date such candidate made their first application to the same job post.

Job Posters agree that they shall at all times be bound by and adhere to the Code of Conduct while posting jobs through the Kiwi Career Platform and while 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, and 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., is owned by Kiwi Career, its affiliates, partners, licensors and/or associates. Job Posters 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 license from Kiwi Career.

Job Posters 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 (“Job Posters’ Content”). Each Job Poster represents and warrants that they own all Intellectual Property Rights in the Job Posters’ Content and that no part of the Job Poster’s Content infringes any third-party rights. Job Posters further confirm and undertake not to display or use the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights of any third party on the Kiwi Career Platform without written authorization from such third party. Job Posters agree to indemnify and hold harmless Kiwi Career, its directors, employees, affiliates, and assigns against all costs, damages, loss and harm including litigation costs and counsel fees, in respect of any third-party claims that may be initiated, including for infringement of Intellectual Property Rights arising out of such display or use of names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the Kiwi Career Platform by such Job Poster or through the Job Poster’s commissions or omissions.

Job Posters 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 Job Posters’ Content for any of the following purposes:

  • displaying Job Posters’ Content on Kiwi Career,

  • distributing Job Posters’ Content, either electronically or via other media, to potential candidates, and/or

  • storing Job Posters’ Content in a remote database accessible by end users, for a charge.

This license shall apply to the distribution and the storage of Job Posters’ 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 Job Poster), entity, or third party are recognized as proprietary to the respective owners, and any claims, controversy, or issues against these names, logos, marks, labels, trademarks, copyrights, or intellectual and proprietary rights must be directly addressed to the respective parties under notice to Kiwi Career.

4. Third Party Sites, Services and Products

Links to other Internet sites or mobile applications owned and operated by third parties may be provided via the Kiwi Career Platform. Job Posters’ use of each of those sites is subject to the conditions, if any, posted by those sites. Kiwi Career does not exercise control over any Internet sites or mobile applications apart from the Kiwi Career Platform and cannot be held responsible for any content residing in any third-party Internet site or mobile application. Kiwi Career’s inclusion of third-party content or links to third-party Internet sites or mobile applications is not an endorsement by Kiwi Career of such third-party Internet site or mobile application.

Job Posters’ correspondence, transactions/offers or related activities with third parties including but not limited to potential candidates, payment providers and verification service providers, are solely between the Job Poster and that third party. Job Posters’ correspondence, transactions and usage of the services/offers of such third party shall be subject to the terms and conditions, policies and other service terms adopted/implemented by such third party, and the Job Poster shall be solely responsible for reviewing the same prior to transacting or availing of the services/offers of such third party. The Job Poster agrees that Kiwi Career will not be responsible or liable for any loss or damage of any sort incurred as a result of any such transactions/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 Job Posters in utilizing the Kiwi Career Services provided on the Kiwi Career Platform.

5. Participation

All information collected from Job Posters, such as registration (including but not limited to email addresses, mobile phone numbers, government identity documentation) and payment information, is subject to Kiwi Career’s Privacy Policy, which is available at Privacy Policy.

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.

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

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 are provided for the personal information.

You hereby agree and acknowledge that you will use the information shared with you only for the purpose of 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 the Kiwi Career Platform in the future

6. Job Poster Conduct

Job Posters agree to abide by these Terms of Service and all other rules, regulations and terms of use of the Website. In the event a Job Poster does not abide by these Terms of Service and all other rules, regulations and terms of use, Kiwi Career may, at its sole and absolute discretion, take necessary remedial action, including but not limited to:

  • restricting, suspending, or terminating any Job Poster’s access to all or any part of Kiwi Career Services;

  • deactivating or deleting a Job Poster’s account and all related information and files on the account. Any amount remaining unused in the Job Poster’s account on the date of deactivation or deletion shall be transferred to the Job Poster’s bank account on record with Kiwi Career, subject to a processing fee (if any) applicable on such transfers as set out herein.

Job Posters agree to provide true, accurate, current, and complete information at the time of registration and at all other times (as required by Kiwi Career). Job Posters further agree to update and keep updated their registration information and information related to job posts made on the Kiwi Career Platform.

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

Job Posters agree to ensure that they can receive all communication from Kiwi Career by marking e-mails or sending SMSs from Kiwi Career. Kiwi Career shall not be held liable if any e-mail/SMS remains unread by a Job Poster as a result of such e-mail getting delivered to the Job Poster’s junk or spam folder.

Any password issued by Kiwi Career to a Job Poster may not be revealed to anyone else. Job Posters may not use anyone else’s password. Job Posters are responsible for maintaining the confidentiality of their accounts and passwords. Job Posters agree to immediately notify Kiwi Career of any unauthorized use of their passwords or accounts or any other breach of security.

Job Posters agree to exit/log out of their accounts at the end of each session. Kiwi Career shall not be responsible for any loss or damage that may result if the Job Poster fails to comply with these requirements.

Job Posters agree not to use cheats, exploits, automation, software, bots, hacks, or any unauthorized third-party software designed to modify or interfere with the Kiwi Career Services and/or Kiwi Career experience or assist in such activity.

Job Posters agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying Kiwi Career or Kiwi Career’s Services.

Job Posters agree that without Kiwi Career’s express written consent, they shall not modify or cause to be modified any files or software that are part of Kiwi Career’s Services or the Kiwi Career Platform.

Job Posters agree not to disrupt, overburden, or aid or assist in the disruption or overburdening of (a) any computer or server used to offer or support Kiwi Career or the Kiwi Career Services (each a “Server”); or (2) the enjoyment of Kiwi Career Services by any other Job Poster or person.

Job Posters agree not to institute, assist, or become involved in any type of attack, including without limitation to distribution of a virus, denial of service, or other attempts to disrupt Kiwi Career Services or any other person’s use or enjoyment of Kiwi Career Services.

Job Posters shall not attempt to gain unauthorized access to Job Poster accounts, Servers, or networks connected to Kiwi Career Services by any means other than the Job Poster interface provided by Kiwi Career, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that underlies or is part of Kiwi Career Services.

A Job Poster shall not publish any content that is patently false and untrue and is written or published in any form, with the intent to mislead or harass a person, entity, or agency for financial gain or to cause any injury to any person.

Without limiting the foregoing, Job Posters agree not to use Kiwi Career for any of the following:

  • To engage in any obscene, offensive, indecent, racial, communal, anti-national, objectionable, defamatory, or abusive action or communication;

  • To harass, stalk, threaten, or otherwise violate any legal rights of other individuals;

  • To publish, post, upload, e-mail, distribute, or disseminate (collectively, “Transmit”) any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;

  • To Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person’s computer, Kiwi Career, any software, hardware, or telecommunications equipment;

  • To advertise, offer or sell any goods or services for any commercial purpose on Kiwi Career including but not limited to multi-level marketing for a third party, promoting the business of a third party, selling financial products such as loans, insurance, promoting demat account openings, without the express written consent of Kiwi Career;

  • To download any file, recompile or disassemble or otherwise affect our products that you know or reasonably should know cannot be legally obtained in such manner;

  • To falsify or delete any author attributions, legal or other proper notices, or proprietary designations or labels of the origin or the source of software or other material;

  • To restrict or inhibit any other Job Poster from using and enjoying any public area within our sites;

  • To collect or store personal information about other Job Posters;

  • To collect or store information about potential candidates;

  • To mine information relating to potential candidates with the aim of creating a database of potential candidates whether or not such database is used or meant to be used by the Job Poster or any third party associated with the Job Poster or to whom such Job Poster makes such mined information available, for either a commercial purpose or for the Job Poster’s own use at a future date;

  • To interfere with or disrupt Kiwi Career and/or the Kiwi Career Platform, Kiwi Career servers, or Kiwi Career networks;

  • To impersonate any person or entity, including, but not limited to, a representative of Kiwi Career, or falsely state or otherwise misrepresent Job Poster’s affiliation with a person or entity;

  • To forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through Kiwi Career or to manipulate Job Poster’s presence on the Kiwi Career Platform;

  • To take any action that imposes an unreasonably or disproportionately large load on Kiwi Career’s infrastructure;

  • To engage in any illegal activities;

  • To engage in any action that threatens the unity, integrity, defence, security, or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to other nations.

If a Job Poster chooses a username that, in Kiwi Career’s considered opinion is obscene, indecent, abusive or that might subject Kiwi Career to public disparagement or scorn, or a name which is an official team/league/franchise name and/or name of any sporting personality, Kiwi Career reserves the right, without prior notice to the Job Poster, to restrict usage of such names, change such username and intimate the Job Poster or delete such username and posts from Kiwi Career, deny such Job Poster access to Kiwi Career, or any combination of these options.

Unauthorized access to the Kiwi Career Platform is a breach of these Terms of Service, and a violation of the law. Job Posters agree not to access the Kiwi Career Platform by any means other than through the interface that is provided by Kiwi Career. Job Posters agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Kiwi Career Platform, Kiwi Career Services, or any information available through them, except those automated means that Kiwi Career has approved in advance in writing.

Use of the Kiwi Career Platform is subject to existing laws and legal processes. Nothing in these Terms of Service shall limit Kiwi Career’s right to comply with governmental, court, and law-enforcement requests or requirements relating to Job Posters’ use of Kiwi Career.

Persons below the age of eighteen (18) years are not allowed to register with the Kiwi Career Platform. All persons interested in becoming Kiwi Career Job Posters may be required to disclose their age during registration. If a person declares a false age, Kiwi Career shall not be held responsible and such person shall forfeit any and all rights over their account and shall indemnify and hold Kiwi Career, its Directors, officers, employees, agents, and affiliates harmless for any losses suffered. If the person is a minor, their legal guardians shall bear responsibility.

Kiwi Career may not be held responsible for any content contributed by Job Posters on the Kiwi Career Platform.

7. Eligibility

  • The Kiwi Career Platform is open only to persons above the age of 18 years.
  • The Kiwi Career Platform is open only to persons currently residing in India.
  • Persons who wish to participate must have a valid email address and/or mobile phone number.
  • 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.
  • Only those Job Posters who have successfully registered on the Kiwi Career Platform shall be eligible to Post Jobs.

8. Dispute and Dispute Resolution

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

If the parties are unable to amicably settle the Dispute as mentioned 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 in this clause. The seat of the arbitration shall be New Delhi. The language of the 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 at New Delhi, having jurisdiction to grant relief on any Disputes. The pursuit of equitable or injunctive relief shall not be a waiver of the duty of the Parties to pursue any remedy (including for monetary damages) through the arbitration described herein.

The arbitration award will be final and binding on the Parties.

9. Release and Limitations of Liability

Job Posters 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 Job Posters or any other person or entity during the course of access to the Kiwi Career Platform.

By accessing the Kiwi Career Platform and Kiwi Career Services provided therein, Job Posters 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 and 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.

Job Posters 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. Job Posters also undertake to indemnify Kiwi Career and their respective officers, directors, employees and agents on the happening of such an event (including without limitation cost of attorney, legal charges etc.) on full indemnity basis for any loss/damage suffered by Kiwi Career on account of such act on the part of the Job Posters.

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

In consideration of Kiwi Career allowing Job Posters to access the Kiwi Career Platform, to the maximum extent permitted by law, the Job Posters 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.

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, the failure to store, the mis-delivery, or the untimely delivery of any information or material.

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, the failure to store, the mis-delivery, or the 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 Job Poster’s discretion, competence, acceptance and risk, and the Job Poster will be solely responsible for any potential damage to Job Poster’s computer system or loss of data that results from a Job Poster’s download of any such material.

Kiwi Career shall make best endeavours 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 Job Posters’ 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 Job Posters purchase or obtain through the Kiwi Career Platform will meet Job Posters’ expectations.

In case Kiwi Career discovers any error, Kiwi Career 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 Job Poster or deduction from the Job Poster’s account of the amount of erroneous payment. In case of exercise of remedies in accordance with this clause, Kiwi Career agrees to notify the Job Poster of the error and of the exercise of the remedy(ies) 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 we have 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, Job Posters shall not be entitled to make any demands or claims of any nature whatsoever

11. Paid Services

When you subscribe to our paid Services, you agree to adhere to the additional terms specific to the Services (“Paid Services”) that you are availing.

Your access to the Kiwi Career Platform, your ability to post jobs, and access candidate profiles shall be determined by the specific Paid Services that you avail of. Kiwi Career reserves the right to change the nature and/or manner of delivery of the Paid Services at any time without liability to Kiwi Career. Kiwi Career also reserves the right to suspend or discontinue any Paid Services or part(s) thereof, either temporarily or permanently, without the requirement for prior intimation or liability to Kiwi Career.

By accepting these Terms and Conditions, you specifically waive the right to make any claim against Kiwi Career for non-delivery of the Paid Services after the date on which such Paid Services are suspended or discontinued.

Kiwi Career shall, in its sole discretion, determine if any refunds are due and payable to you for any non-provision of the Paid Services. Any and all refunds shall only be made pro-rata to the usage of Paid Services; under no circumstances shall refunds be made for the full amount paid by you for the purchase of the Paid Services.

To access the Paid Services, you must purchase a specific Paid Service. Paid Services currently being offered by Kiwi Career are as under and shall be delivered as per the specific terms set out below.

Job Posts –

  1. For each Job Post that you wish to publish via the Kiwi Career Platform, you shall pay a specified fee for each Job Post.
  2. The validity of the Job Post as well as the number of leads, i.e. the number of applications from candidates that you shall be eligible to receive per Job Post shall be determined on the basis of the amount payable for such Job Post.
  3. Kiwi Career reserves the sole right to vary the validity of a Job Post and the number of leads that you are eligible to receive per Job Post.

Database Views –

  1. Against payment of a specified fee you shall be eligible to view the database of candidates’ profiles (each a “Database View”).
  2. The number of Database Views that you are eligible for shall be determined on the basis of the amount payable for such Job Post.
  3. Kiwi Career reserves the sole right to vary the number of Database Views and the number of leads that you are eligible to receive per Job Post.

Period Specific Subscriptions

You shall be eligible to receive access to specified Job Posts and/or Database Views against the purchase of a subscription (“Subscription Plan”) via the Kiwi Career Platform.
You will have access to the Kiwi Career Platform for the period defined in the Subscription Plan that you purchase.
Every Subscription Plan shall be valid for a specified length of time (“Subscription Validity”).
Every Subscription Plan shall entitle you to a specified number of Job Posts, views and/or downloads of the database of candidates’ profiles (“Database Views”).
If you exhaust the number of Job Posts or Database Views during the Subscription Validity, you may be required to pay an additional amount to put up more Job Posts or gain further Database Views, as the case may be. Kiwi Career reserves the right to allow a top-up of the existing Subscription Plan or might require you to purchase an additional Subscription Plan. Such determination as to whether a top-up shall be allowed or if a fresh Subscription Plan is to be purchased shall be determined by the nature of your initial Subscription Plan as well as the Paid Services and Subscription Plan offered by Kiwi Career at the time of such additional purchase.

Fair Usage

Notwithstanding your specific Subscription Plan, Kiwi Career reserves the right to limit the number of Job Posts and/or Database Views to, inter alia, ensure protection of Kiwi Career’s and candidates’ data as well as to maintain efficiency of the Kiwi Career Platform.
Kiwi Career, further, reserves the right to remove a Job Post, reduce its visibility or restrict responses to a Job Post if, in Kiwi Career’s sole discretion, the Job Post has received a sufficient number of responses.
Kiwi Career reserves the right to limit Database Views if, in Kiwi Career’s sole discretion, it is of the opinion that you have viewed or downloaded a sufficient number of candidate profiles either in relation to a specific Job Post or in relation to the overall Services being provided.

Kiwi Career Credits and Kiwi Career Coins

For certain Paid Services, you might be required to purchase “Kiwi Career Credits” or “Kiwi Career Coins” representing the value of the payment made by you.
The number of Credits or Coins required to utilise the Paid Services shall be communicated to you at the time of purchase or utilisation.
Credits or Coins once purchased cannot be transferred to any other person.

Kiwi Career reserves the right to reject any Job Post or data submitted by you without assigning any reason, before or after uploading it. In such an event, any amount paid may be refunded on a pro-rata basis at Kiwi Career’s sole discretion.
By posting/uploading a job on the platform, you confirm that you have obtained all necessary licenses/permits for recruitment and indemnify Kiwi Career against all related claims or damages.

Kiwi Career offers no guarantees regarding the responses to your Job Posts. It also does not guarantee against overlaps between Database Views and Job Post responses.
Kiwi Career may partner with third parties to provide parts of the Paid Services. It makes no warranties and accepts no liability for these third-party services.
You are solely responsible for verifying the authenticity of any information received through the platform.
Paid Services commence only upon receipt of payment.
Kiwi Career may request an undertaking that your Job Posts are genuine and that candidates will not be asked for money or compensation in kind.
Your Subscription Plan is not re-saleable or transferable.
You do not own any copyright or Intellectual Property Rights in the data uploaded via Job Posts.

All disputes are subject to Indian laws.

Account Creation and Access

If you wish to access Paid Services as an individual, you must create an account and purchase a Subscription Plan, Credits, or Coins. These are non-transferable.

If you wish to access Paid Services as an organization, you must create an Enterprise Account on the Kiwi Career Platform, enabling employees, agents, or representatives to access the services.
You may designate specific employees as Designated Users.

Upon payment, Kiwi Career will credit the Enterprise Account with the appropriate number of Credits. The cost for Job Posts and Database Views will be communicated and may differ by category.
If a Designated User has previously purchased Credits or Coins individually, those will be transferred to the Enterprise Account upon addition, subject to their consent. You indemnify Kiwi Career against related claims.

Credits and Coins may be purchased by either the administrator or the Designated Users. Invoices will be issued in the name of the organization.

Credits will be assigned to specific categories of services and must be used accordingly. Kiwi Career will not refund any deductions from your account due to errors in category or geography.

Each Paid Job Post’s validity depends on the number of Credits or Coins used to create it.

Refunds will only be granted for non-provision of services or inability to deliver services. Used Credits or Coins are non-refundable.
All Credits or Coins are valid for 360 days from the date of purchase and will expire if unused.

You must register each Designated User and may be required to provide documentation. You confirm you have obtained all necessary consent.

Designated Users may be required to use the Kiwi Career mobile application and enter personal data. You must ensure the accuracy of this data.

Kiwi Career ensures confidentiality of personal data.

Some Designated Users may be suspended or banned. Kiwi Career bears no responsibility for their inability to access services.

If Designated Users already hold a Subscription Plan individually, it may be merged into the Enterprise Account at Kiwi Career’s discretion. You are responsible for obtaining the necessary consent and reimbursement, and agree to indemnify Kiwi Career accordingly.

Kiwi Career reserves the right to limit the number of Job Posts per Enterprise Account at its sole discretion.