Last Updated: 24-August-2024

Welcome to Talent Precheck ("we," "us," "our"). These Terms of Service ("Terms") govern your access to and use of our platform, which provides employment and offers verification services.

1. Acceptance of Terms

By accessing or using the Talent Precheck platform ("Service"), you ("User", "Customer", "Employer") agree to comply with and be bound by these Terms of Use ("Terms"). These Terms constitute a binding agreement between you and Talent Precheck, owned and operated by UNIQUE ERP TALENT PRECHECK PRIVATE LIMITED, an entity registered under the Companies Act 2013. If you disagree with these Terms, you must not use our Service.

2. Definitions

"Talent Precheck" - Refers to the online platform owned and operated by UNIQUE ERP TALENT PRECHECK PRIVATE LIMITED, providing employment and offers verification services.

"Service" - The services provided by Talent Precheck include but are not limited to offers and employment verification.

"User" - Any individual, organization, or entity that accesses or uses the Talent Precheck platform.

"Data" - All information submitted, stored, or processed on the Talent Precheck platform, including payments, personal data, employment records, and verification requests.

"Offer Verification" - A service provided by Talent Precheck that allows users to verify if a candidate has a valid job offer recorded in the system.

"Employment Verification" - A service provided by Talent Precheck enables users to verify a candidate's past employment details, including employment status, job title, and tenure with previous employers.

"Credits" - The virtual currency users purchase to access the services on the Talent Precheck platform. Credits are deducted for each verification performed.

"Account" - The user’s organizational account is registered on the Talent Precheck platform and is used to access services and manage credits.

"PAN" - Permanent Account Number, a unique identifier issued by the Indian Income Tax Department in India, used for identity verification in employment checks.

"Personal Data" - Any information relating to an identified or identifiable individual, including but not limited to names, addresses, PAN, and employment details.

"Confidential Information" - 

All non-public information disclosed by one party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.

Exclusions: Confidential Information does not include information that:

1. Is or becomes publicly known through no breach of this agreement by the Receiving Party.

2. Was known to the Receiving Party before disclosure by the Disclosing Party.

3. It is received from a third party without breach of any obligation of confidentiality.

4. Is independently developed by the Receiving Party without the use of or reference to the Disclosing Party’s Confidential Information.

"Third-Party Payment Gateway" - The external service provider used by Talent Precheck to process the payments securely.

"Applicable Laws" - All relevant laws, regulations, and standards applicable to using the Service, including data protection laws like the Information Technology Act, 2000, and the SPDI Rules.

"Breach" - Any unauthorized access, disclosure, or other security incident that affects the integrity, confidentiality, or availability of data on the Talent Precheck platform.

"Force Majeure" - Events beyond Talent Precheck’s reasonable control, such as natural disasters, wars, terrorism, labor disputes, and governmental actions, that prevent or delay performance under these Terms.

3. Services Provided

Talent Precheck provides a platform to facilitate employment verification and offer information about prospective candidates or employees. The services include:

• Offer Verification: Allows users to verify if a candidate has valid job offers from other employers using the Candidate’s PAN.

• Employment Verification: Enables users to validate a candidate's past employment details using PAN and the employer's name.

4. User Responsibilities

4.1 Data Contribution

• Consent and Authority: By contributing data, you confirm that you have obtained all necessary consents from data subjects and have the legal authority to share such data with Talent Precheck in compliance with the Information Technology Act, 2000, and applicable data protection laws.

• Accuracy: You are responsible for ensuring the accuracy, completeness, and legality of the data you contribute. Any incorrect or outdated information could lead to liabilities.

• Regular Updates: Users should update their data regularly to remain accurate and current.

4.2 Data Usage

• Permitted Use: The data contributed may be accessed by other users for the purposes of offer and employment verification. You agree that such data will not be used for any unauthorized purposes.

• Compliance: Users must ensure that their use of the Service complies with applicable laws, including but not limited to the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 ("SPDI Rules").

4.3 Security Obligations

• Account Security: Users must maintain the confidentiality of their account credentials and are responsible for all activities conducted under their account.

• Data Protection: Users must implement appropriate technical and organizational measures to protect the data they process through our Service.

5. Data Protection and Privacy

5.1 Data Collection and Use

• Purpose Limitation: The data provided to Talent Precheck will be used exclusively for employment-related purposes and offer verification per these Terms.

5.2 Data Protection Laws

• Compliance: Talent Precheck is committed to protecting your data in compliance with the Information Technology Act, 2000, the SPDI Rules, and other applicable data protection laws. For specific details, please refer to our Privacy Policy.

5.3 Data Security

• Security Measures: We implement industry-standard security measures to protect the data shared on our platform. However, you acknowledge that no method of electronic storage is 100% secure, and we cannot guarantee absolute security.

• Data Breach:Notification: In the event of a data breach, we will notify affected users as required under applicable laws and take appropriate measures to mitigate the breach. We will cooperate with users and regulatory authorities to address any data security issues that arise.

5.4 Permitted Disclosures

The customer acknowledges and agrees that Talent Precheck may access or disclose information about the customer, Account, Users, or End-Users, including the customer’s Data, to:

1. comply with the law or respond to lawful requests of the governing authority or legal process of any court;

2. protect Talent Precheck’s rights or property, including enforcement of the terms of this agreement or other policies associated with the Services provided under this agreement;

3. act in good faith and belief that such disclosure is necessary to protect personal safety or avoid violation of applicable statutes/laws/ rules or regulations.

6. Verification Services

6.1 Offer Verification

• Scope: The Offer Verification service allows users to check if a prospective candidate has any valid job offers from other employers.

• Accuracy: The reliability of the verification depends on the accuracy of the data contributed by other users or organizations. Talent Precheck does not guarantee the accuracy or completeness of this information.

6.2 Employment Verification

• Scope: The Employment Verification service allows users to validate a candidate’s past employment history using PAN and the employer’s name.

• Accuracy: The reliability of the verification depends on the accuracy of the data contributed by other users or organizations. Talent Precheck does not guarantee the accuracy or completeness of this information.

7. Credits, Fees, and Payments

7.1 Credits

• Purchase and Usage: Customers must purchase credits to use the verification services. These credits are non-interest bearing, non-expirable and non-refundable. 

• Service Fees: A service fee will be applied for each verification, and this fee will be deducted from the available credits and 

• Contribution Credit: A portion of the service fee will be credited to the organization that provided the verified data.

7.2 Payments

• Refund Policy: Refunds are only provided in cases of proven fraud transactions and must be requested within 48 Hours of the transaction.

• Payment Gateway: All payments are processed through a secure third-party payment gateway in compliance with the Reserve Bank of India (RBI) guidelines.

• Security of Payments: We implement strict security protocols to ensure the safety of payment information. Users should also take appropriate measures to protect their payment details.

8. Prohibited Activities

You agree not to:

• Use the Service for any unlawful purpose or violate applicable laws, including the Indian Penal Code, 1860.

• Upload, share, or distribute defamatory content that is infringing, fraudulent, or harmful.

• Engage in unauthorized data mining, scraping, or similar activities.

• Misuse of the data obtained through the Service, including sharing it outside the permitted scope.

9. Intellectual Property Rights

9.1 Ownership

• Service Content: All content, software, trademarks, and other intellectual property related to the Service are owned by Talent Precheck or its licensors and are protected under the Indian Copyright Act, 1957, and other intellectual property laws.

9.2 License

• User License: Talent Precheck grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service for your internal business purposes, subject to these Terms.

• Restrictions: Users may not copy, modify, distribute, sell, or lease any part of our Service or its content without written permission from Talent Precheck.

10. Disclaimer of Warranties

• As-Is Basis: The Service and all the information are provided on an "as-is" and "as-available" basis. Talent Precheck disclaims all warranties, express or implied, including but not limited to warranties of accuracy, reliability, and fitness for a particular purpose.

• Talent Precheck is not liable for any damages of any kind arising from the use of the service or information made available to you, including but not limited to any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the Service.

11. Limitation of Liability

• Extent of Liability: To the fullest extent permitted by law, Talent Precheck shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the Service.

• Cap on Liability: Our liability to you in any circumstances shall be limited to the amount you paid for the Service during the six (6) months preceding the event giving rise to liability.

12. Indemnification

You agree to indemnify, defend, and hold harmless Talent Precheck, its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses arising out of or in connection with your use of the Service, your violation of these Terms, or any third-party claims regarding your data contributions.

13. Dispute Resolution

13.1 Governing Law

• Applicable Law: These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles.

13.2 Arbitration

• Arbitration Agreement: Any disputes arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted in Bangalore, Karnataka, India, in English.

• Jurisdiction: Subject to the above, the courts in Bangalore, Karnataka shall have exclusive jurisdiction over any disputes arising from or relating to these Terms or the Service.

14. Modifications to the Service and Terms

14.1 Service Changes

• Modification Rights: Talent Precheck reserves the right to modify, suspend, or discontinue the Service or any part thereof at any time, with or without notice.

14.2 Terms Changes

• Amendments: We may update these Terms from time to time to reflect changes in the law, Service, or our policies. We will notify you of significant changes through our website or other means. Continued use of the Service after such changes constitutes acceptance of the new Terms.

15. Termination

15.1 Termination by User

• Account Termination: You may terminate your account and stop using the Service anytime by contacting our customer support.

15.2 Termination by Talent Precheck

• Right to Terminate: Talent Precheck may suspend or terminate your access to the Service at any time, with or without cause, including but not limited to a violation of these Terms. Upon termination, all licenses granted to you will immediately cease, and you must discontinue to use our Services.

16. Confidentiality

1. Each party agrees to maintain the Confidential Information in strict confidence and, except to the extent expressly permitted in this Terms or otherwise consented to in writing by the other party, not disclose by either party or their respective representatives to any third party, except with the specific prior written consent of the other party

2. Each party agrees as to any Confidential Information disclosed by a party to these Terms (the "Discloser") to the other party to these Terms (the "Recipient"):

1. to take such steps necessary to protect the Discloser's confidential information from unauthorized use, reproduction, and disclosure as the Recipient takes in relation to its Confidential Information of the same type, but in no event less than reasonable care;

2. to use such Confidential Information only for these Terms, or as otherwise expressly permitted or expressly required by these Terms, or as otherwise permitted by the Discloser in writing;

3. not, without the Discloser's prior written consent, to copy the Confidential Information or cause or allow it to be copied, directly or indirectly, in whole or in part, except as otherwise expressly provided in these Terms, or as needed for these Terms, provided that any proprietary legends and notices (whether of the Discloser or of a third party) are not removed or obscured;

4. not, without the Discloser's prior written consent, to disclose, transfer, publish or communicate the Confidential Information in any manner to any person except as permitted under theseTerms.

3. The aforesaid shall not be applicable and shall impose no obligation on a party with respect to any portion of Confidential Information which: (i) was at the time received or which thereafter becomes, through no act or failure on the part of Recipient, generally known or available to the public; (ii) is already known to such Recipient prior to at the time or subsequent to disclosure by the Discloser from sources which to the Recipient's knowledge are under no obligation of confidentiality to the Discloser; (iii) has been disclosed pursuant to the requirements of law or court order without restrictions or other protection against public disclosure; provided, however, that the Discloser shall have been given a reasonable opportunity to resist disclosure and/or to obtain a suitable protective order; or (iv) is developed by the Recipient without access to the Confidential Information, provided that such independent development is evidenced by written records.

4. Talent Precheck will 

1. keep confidential and not disclose the customer’s Confidential Information to any person save as expressly permitted by this Terms of Service; 

2. protect the customer’s Confidential Information against unauthorised disclosure by using the same degree of care as it takes to preserve and safeguard its own confidential information of a similar nature, being at least a reasonable degree of care;

5. The customer’s Confidential Information may be disclosed only on ‘need to know basis by the Talent Precheck to its officers, employees, agents, insurers and professional advisers, vendors, affiliates, provided that the recipient is bound in writing to maintain the confidentiality of the customer’s Confidential Information so disclosed by it.

6. The provisions as enumerated under this Clause shall supersede any non-disclosure agreement entered into between the Parties to this agreement, which may be entered prior to these Terms that would purport to address the confidentiality of customer’s Data and such agreement shall have no further force or effect with respect to customer’s Confidential Data.

7. Exceptions: Without granting any right or license, the obligations of the parties hereunder will not apply to any material or information that is provided as an exception under the definition of Confidential Information.

8. This clause will survive post the termination or expiry of this agreement.

17. Miscellaneous

17.1 Entire Agreement

• Complete Terms: These Terms, along with our Privacy Policy and any other legal notices published by Talent Precheck, constitute the entire agreement between you and Talent Precheck concerning the Service.

17.2 Severability

• Severability Clause: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

17.3 Waiver

• No Waiver: The failure of Talent Precheck to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

17.4 Force Majeure

• Non-Liability: Talent Precheck will not be liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to natural disasters, war, acts of terrorism, labour disputes, and governmental actions.

17.5 Shipping Policy

• Shipping is not applicable for Talent PreCheck as we are a SaaS Platform 

18. Contact Information

If you have any questions or concerns about these Terms or the Service, please contact us at Email: support@talentprecheck.com