Terms of Service


These Terms constitute an 'electronic record' within the meaning of the applicable law (including the Information Technology Act, 2000) and is generated by a computer system and does not require any physical or digital signatures.


SpiConn is a product of DataCzarz Group. These terms of use outline the terms and conditions that govern your access to the SpiConn application (the "Application") and use of services offered through the Application (collectively, "Services") and constitutes a binding legal agreement ("Terms") between you ("you", "your" or "yours") and SpiConn (hereinafter referred to as "SpiConn” / "we"/ "us") . You agree to our Terms of Service (“Terms”) by installing, accessing, or using our apps, services, features, or website (together, “Services”). These terms control the relationship between SpiConn and you. They do not create any third party beneficiary rights.


We may update these Terms from time to time for legal or regulatory reasons or to allow the proper operation of the SpiConn Application. Any changes will be notified to you via the e-mail address provided by you on registration or via a suitable announcement on the SpiConn Website or Application. The changes will apply to the use of the SpiConn Website or Application after we have given you notice. If you do not wish to accept the new Terms you should not continue to use the SpiConn Website or Application. If you continue to use the SpiConn Application or Website after the date on which the change comes into effect, your use of the SpiConn Website or Application indicates your agreement to be bound by the new Terms.


Users who violate these Terms may have their access and use of the SpiConn application or Website suspended or terminated, at SpiConn’s discretion.


Eligibility


Use of the Application or Our Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Application or Website. You must be 18 years of age or older to visit or use SpiConn Application in any manner. By Downloading Our App , you are accepting these Terms of Use, You represent and warrant to the Company that You are 18 years of age or older, and that You have the right, authority and capacity to use Our Application or Website and agree to and abide by these Terms of Use. You also represent and warrant to the Company that you will use Our Application & Website in a manner consistent with any and all applicable laws and regulations. DataCzarz reserves the right to terminate your membership and / or refuse to provide you with access to the Application or Website if it is brought to DataCzarz’s notice or if it is discovered that you are under the age of 18 years.


Your Account and Registration Obligations


If you use our application or website, you agree that if You provide any information that is untrue, inaccurate, incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, incomplete, or not in accordance with the this Terms of Use, we shall have the right to indefinitely suspend or terminate or block access of your membership on our application or website and refuse to provide You with access to the application or website. Such act on your part can accrue legal implications due to violation of laws not limited to criminal liability on your part. Further, the user agrees to indemnify DataCzarz Group for all losses incurred by it due to any false, distorted, manipulated, defamatory, libelous, vulgar, obscene, fraudulent or misleading facts or otherwise objectionable averments made by the user on the Application.


Application & Website


The Application and Website is an online platform which enables you to engage in Jobseeker-to-Expert (P2P) interaction and avail Services made available to you by SpiConn through the Application or Website. Our Services are very diverse and additional terms or product requirements may apply to certain Services. These additional terms are made a part of these Terms by this reference. If there is a conflict between these terms and the additional terms, the additional terms will supersede these terms.


You can Visit Our Website or you can download the Application from third party application stores such as Google Play, and Apple App Store, subject to the terms and conditions and the privacy policy of such third party application stores.


Your Account


Jobseeker or Advisors with sufficient expertise can access the Application and the Services by creating an account on the Application using your mobile device. By using the Application or Website, you agree to ensure confidentiality of your account, credentials and for limiting access to your mobile device to prevent unauthorized use of your account on the application. You will be responsible for any activity under your account. Please ensure that the details you provide us are accurate and complete and inform us immediately of any changes to the information that you provided when signing-up.


Your Access to the Application or website: We will endeavor to ensure error-free availability of the Application & Website or Services or contents thereof to you, however your access to the Application or Website may occasionally be suspended or restricted for repairs, maintenance, or updating the Application at any time without prior notice. We will try to limit the frequency and duration of any such suspension or restriction.


You are responsible for any mobile charges that you may incur by accessing the Application or Services made available through the Application, including text-messaging and data charges. If you're unsure what those charges may be, you should ask your service provider before using the Application or the Services.


One Time Pass code (OTP) and Security


When you register to use the SpiConn Website or Application you will be asked to provide the OTP (One Time Pass code) sent to your mobile device. In order to prevent fraud, you must keep this OTP confidential and must not disclose it or share it with anyone. If SpiConn has reason to believe that there is likely to be a breach of security or misuse of the SpiConn Application, we may require you to re-login using another. As a result of your loss of your OTP or the misuse of the SpiConn Website or Application all losses or damage incurred thereby shall be borne by you ; and you shall fully indemnify SpiConn, should SpiConn suffer any loss or damage.


Intellectual Property


SpiConn Application & Website, Content, and all right, title and interest in and to SpiConn Website and SpiConn content are the exclusive property of SpiConn or its licensors SpiConn Website or Application and SpiConn content are protected by copyright, trade mark, database right and other intellectual property rights. You may retrieve and display SpiConn Content of the SpiConn Website or Application on a computer screen or Mobile Device.You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or SpiConn Content on the SpiConn Application.


Availability


Although we aim to offer you the best service possible, we make no promise that the services at the SpiConn Website or Application will meet your requirements. We cannot guarantee that the SpiConn Website or Application will be fault-free, error-free, or that SpiConn Website or Application and servers are free of viruses or other harmful mechanisms. If a fault occurs with the SpiConn application.


You should report it through the ‘Contact Us’ page of the application and we will attempt to correct the fault as soon as we can. Your access to the SpiConn Website or Application may be occasionally restricted to allow for repairs, maintenance or the introduction of new content, facilities or services. We will attempt to restore access and/or service as soon as we reasonably can.


Your Use


SpiConn hereby grants you a limited, terminable, non-exclusive right to access and use the Application only for your personal use and/or employment purposes. You may not use the SpiConn Application for any of the following purposes:-disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any laws aggregating, copying or duplicating in any manner any of the SpiConn content or information available from any SpiConn Website or Application.


Interfering with any other person’s use or enjoyment of the SpiConn Website or Application or making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner. You agree not to resell or assign your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of any SpiConn Website or Application.


Use of the SpiConn Services


  • The SpiConn Services may be used only by Job Seeker & Industry experts with considerable years of experience in their field.
  • Your use of the SpiConn Services is also subject to any other contracts you may have with SpiConn In the case of any conflict between these Terms and any contract you have with SpiConn these Terms will prevail.

All Users Agree to Not


  • Transmit, post, distribute, store or destroy material, including without limitation SpiConn Content, in violation of any applicable law or regulation, including but not limited to laws or regulations governing the collection, processing, or transfer of personal information, or in breach of SpiConn’s Privacy Policy.
  • Violate or attempt to violate the security of any SpiConn Website or Application reverse engineer or decompile any parts of any SpiConn Website or Application aggregate, copy or duplicate in any matter any of the SpiConn Content or information available from any SpiConn Website or application, other than as permitted by these Terms;
  • Post any content or material that facilitates, promotes or endorses scams, false or misleading information or illegal activities, OR endorses or provides instructional information about illegal activities or other activities prohibited by these Terms, such as making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses or pirating media, OR promotes or endorses any political views.
  • Post any profile, or apply for any job on behalf of another party; share with a third party any login credentials to any SpiConn Website. Access data not intended for you or logging into a server or account which you are not authorized to access;
  • Post or submit to any SpiConn Website or Application any inaccurate, incomplete, misleading, false, not up to date biographical information or information which is not your own;
  • Post content that contains restricted or password-only access pages, or hidden pages or images harass, incite harassment or advocate harassment of any group, company or individual
  • Send unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes promoting and/or advertising products or services to any User, or contact any users that have specifically requested not to be contacted by you.
  • Attempt to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to any SpiConn Website or Application, overloading, “flooding”, “spamming”, “mailbombing”, or “crashing”.
  • Use the SpiConn Services for any unlawful purpose or illegal activity, or post or submit any content, profile that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, harassing, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined by SpiConn discretion or post any profile which is not a genuine profile or resume and which attempts to advertise or promote products or services.

Additional Terms applicable to Advisors


  • SpiConn also grants you a limited, terminable, non-exclusive right to use SpiConn Services for your internal use only. You are responsible for maintaining the confidentiality of your account & Company profiles, as applicable.
  • You may not share your OTP or other account access information with any other party, temporarily or permanently, and you shall be strictly liable and/or responsible for all uses of your SpiConn Website or Application registrations and OTP, whether or not authorized by you. You agree to immediately notify SpiConn of any unauthorized use of your employer information, Company Profiles or OTP.
  • Advisors acknowledge and agree that it shall disregard any personal data received from the consumer which are irrelevant.
  • Advisors are solely responsible for sharing details about your job or company on SpiConn Application.SpiConn shall not be responsible for any employment decisions, for whatever reasons.

Additional Terms applicable to Consumers


SpiConn hereby grants you a limited, terminable, non-exclusive right to access and use SpiConn Website or Application only for your personal use seeking help or advice from the experts for yourself. When you register with any SpiConn Website or Application, you will be asked to create an account and provide SpiConn with certain information. Any SpiConn Profile you submit must be accurate, complete, up to date and not misleading. The SpiConn Profile requires standard fields to be completed by you.


You acknowledge and agree that you are solely responsible for the form, content and accuracy of any SpiConn Profile and or material contained therein placed by you on the SpiConn Website or Application. You acknowledge and agree that you are solely responsible for any consequences arising from such posting.


SpiConn reserves the right to offer suggestions of experts to you based on the preferences that you identify in your registration and at any time thereafter.


Please see SpiConn Privacy Policy, for further details regarding your information. Please note, as set forth in the SpiConn Privacy Policy, that SpiConn may collect certain User information and may contact Users periodically in accordance with the terms of the Privacy Policy.


You understand and acknowledge that all information provided by you, SpiConn Profile, and/or account information shall be disclosed to advisors whose guidance is sought by you.


User Content and submissions


You understand that all User Content is the sole responsibility of the person from which such User Content originated.


You understand and acknowledge that all information provided by you, your SpiConn Profile, and/or account information shall be stored in SpiConn Databases and/or SpiConn Databases.


If you post User Content in any public area of any SpiConn Website, you also permit any User to access, view, and store and reproduce such User Content for personal use:-


  • SpiConn may review and remove any User Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of any SpiConn Website or Application. SpiConn reserves the right to expel Users and prevent their further access to the SpiConn Website and/or use of SpiConn Services for violating the Terms or applicable laws, rules or regulations. SpiConn may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for SpiConn, damage SpiConn brand or public image, or cause SpiConn to lose Users.
  • SpiConn does not represent or guarantee the truthfulness, accuracy, or reliability of User Content, derivative works from User Content, or any other communications posted by Users nor does SpiConn endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.

Communications


SpiConn may communicate with you through e-mail, SMS, telephone, by posting notifications on the Application (including push notifications) or any other means of communication. By using the Application, you consent to receive such communications from hike in relation to the Application and/or Services, your account information or any updates/ changes to the Application/ Services and/ or other promotional or marketing communications from SpiConn.


Terms and Termination


  • These Terms will remain in full force and effect while you are a user of any SpiConn Website or Application.
  • SpiConn reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of User from the SpiConn Application and immediate termination of your registration with or ability to access the SpiConn Application and/or any other services provided to you by SpiConn, upon any breach by you of these Terms or if SpiConn is unable to verify or authenticate any information you submit to a SpiConn Website or Application registration.

SpiConn Liability


  • SpiConn Website or Application and SpiConn Services act as, among other things, venues for:-
  • SpiConn is not involved in the actual transaction between employers and advisors . But we monitor chat messages and block unruly ,harsh or demeaning messages or sharing of phone numbers through our platform.
  • SpiConn reserves the right in its sole discretion to remove any User Content including but not limited to SpiConn Profiles from the SpiConn Application from time to time.
  • Note that there are risks, including but not limited to the risk of dealing with strangers, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the SpiConn Application. By its very nature other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using the SpiConn Application.
  • SpiConn Website or Application and Content may contain inaccuracies or typographical errors. SpiConn makes no representations about the accuracy, reliability, completeness, or timeliness of SpiConn Content.
  • Nothing on SpiConn Website or Application shall be considered an endorsement, representation or warranty with respect to any Consumer or Advisor, whether in regards to its web sites, Application, products, services, hiring, experience, employment or recruiting practices, or otherwise.

PreQualifying Message


Job Seekers or Consumers may start their chat with a PreQualifying Message. The prequalifying message enables the user to determine if the expert at the other end is ready to help you with your request. Your question can give the expert an idea of what kind of guidance will be needed by you. The response from expert will be a Yes Or No based on whether they are ready to help you out. This message is totally free of cost. Further messages initiated by you will be charged based on how much the expert has set his charges for helping you out.


Payments


After the PreQualifying Message, You will be charged to connect with advisors for the messages. The messaging fees is set by the advisors for providing you guidance and time to help you with your queries. Calling the advisor to connect for expert guidance also incurs cost at the user end based on call cost set by the advisors. The amount charged for the call will be based on the duration of the call. The cost for call and per message cost are displayed in the advisor profile.


Cancellation Policy


We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms. User registration will also be cancelled in case of complaints received from fellow users , disrupting their privacy.


Refund Policy


Payments are made to advisors with prior consent of users at their discretion. Refunds are therefore not issued for calls / messages.


Under certain unforeseen cases of call dropping or technical snags, users can contact the Spiconn team with their concerns and refunds may be considered on a case by case basis at the team’s discretion.


Support


Site or Services


If You have any questions, complaints with respect to the Site and/or Services and/or Content, then such correspondence should be directed to SpiConn at – info@spiconn.com


SpiConn shall on examination of the complaint take all reasonable measures, including taking down the objectionable User Material expeditiously in accordance with applicable law.


Safety-net failed devices


For devices whose safety net has failed, SpiConn doesn’t allow authentication based on OTP from the device. Ensure you have chrome browsers installed on such devices to try logging into the app.


Disclaimer of Warranties


You agree that use of the Services and the access to the Site is at Your own risk. The Services including the Site, the Content, User Material and any other materials contained on or provided through the Site are provided "AS IS" and, to the fullest extent permitted by law, are provided without warranties of any kind, either express or implied. Without limiting the foregoing, SpiConn does not make any warranties of fitness for a particular purpose, title, merchantability, completeness, availability, security, compatibility or non-infringement; or that the Services will be uninterrupted, free of viruses, malware or other harmful components, accurate, error free or reliable.


Limitation of Liability


IN NO CASE SHALL SpiConn, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR ACCESS OF THE SITE OR USE OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT OR MATERIAL. WHERE THE LAWS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, SPICONN 'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.


Indemnity


You agree to defend, indemnify and hold harmless SpiConn, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from: (i) Your use of and access to the Services; (ii) Your violation of any term of these Terms and Conditions; (iii) Your breach of any applicable laws; and (iv) any unauthorized, improper, illegal or wrongful use of Your Account by any person, including a third party, whether or not authorized or permitted by You. This indemnification obligation will survive the expiry or termination of these Terms and Conditions and Your use of the Service.


Governing Law and Jurisdiction


The relationship between you and SpiConn shall be governed by the laws of India without regard to its conflict of law provisions and for resolution of any dispute arising out of your use of the Services. Notwithstanding the foregoing, you agree that (i) SpiConn has the right to bring any proceedings before any court/forum of competent jurisdiction and you irrevocably submit to the jurisdiction of such courts or forum; and (ii) any proceeding brought by you shall be exclusively before the courts at Mumbai, India.


Changes


SpiConn reserves the right, at any time and from time to time, without prior notice to You, to update, revise, supplement, and otherwise modify these Terms of Use and to impose new or additional rules, policies, terms, or conditions on Your use of the Service. Any updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Terms of Use as "Revised Terms") will be posted on the Site and will be effective immediately after such posting. We recommend that you periodically check the Site for the Revised Terms Your continued use of the Services will be deemed to constitute Your acceptance of any and all such Revised Terms.


Survival


You acknowledge that your representations, undertakings, and warranties and the clauses relating to indemnities, limitation of liability, and grant of license, governing law, and confidentiality shall survive the efflux of time and the termination of these Terms and Conditions.


Entire Agreement


These Terms and Conditions and Privacy Policy constitute the entire agreement between You and SpiConn governing Your use of the Services, superseding any prior agreements between You and SpiConn regarding such use.