Terms of Use

Last Updated on 2nd May, 2022

1. ACCEPTANCE

Welcome to the website of Business Guru together with any materials and services available therein, and successor site(s) there to (individually referred to as the “Site,” or collectively as the “Sites”), which are operated by Business Guru (Vyaapaar Guru Online Services P. Ltd and its subsidiaries (“Business Guru” or “we” or “us”)

These Terms of Use (“Terms”) state the terms and conditions governing your use of and access to the Sites and constitute a legally binding contract between you and Business Guru. These Terms incorporate any additional terms and conditions posted by Business Guru through the Sites, or otherwise made available to you by Business Guru.

The Privacy Policy (alternately referred to as the “Policy”) describes how Business Guru may use and disclose information that we may collect about all users and viewers through the Sites.

Please review these terms and policy. Your access to the sites constitutes your acceptance of, and consent to be bound by, these terms and policy. If you do not accept and consent to be bound by these terms and policy, then you must not use or access the sites.

We may change these Terms and/or Policy from time to time and you are hereby requested to review these terms on a regular basis.

These terms were last updated on 2 nd May, 2022.

In the event of a conflict between these Terms and/or Policy, and any other applicable terms or agreement fully executed by you and Business Guru (“Other Terms”), the Other Terms or agreement shall control.

2. ELIGIBILITY

By using the Sites, you affirm that you are of legal age to enter into
these Terms. If you are an individual accessing or using the Sites on
behalf of, or for the benefit of, any corporation, partnership or other
entity with which you are associated (an “Organization,” or collectively
also referred to as “you”), then you are agreeing to these Terms on
behalf of yourself and such Organization, and you represent and
warrant that you have the legal authority to bind such Organization to
these Terms. References to “you” and “your” in these Terms will refer to
both the individual using the Sites and to any such Organization.

3. LICENSE

Subject to and conditioned on your compliance with these Terms, Business Guru grants you a limited, non-exclusive, non-transferable, non-assignable, revocable license to access and use the Sites, and to download copies of the materials that we make available for download on the Sites, in each case solely for your personal and non-commercial use or for the purpose of doing business with Business Guru

The Sites, including all content, information, and materials incorporated into or made available through the Sites, are the exclusive property of Business Guru or its suppliers, and are protected by law. You agree not to access or use the Sites, or any content, information, or materials incorporated into or made available through the Sites, except as expressly permitted under these Terms.

All trademarks, service marks, and logos displayed on the Sites (the “Marks”) are the exclusive property of Business Guru or their respective third-party owners. Except for your right to view Marks on our Site, you are not granted any rights to the Marks. Nothing in the Sites grant, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on the Sites

4. USER-SUBMITTED MATERIALS 

The Sites may include functionality that enables you to upload your resume, other employment and career-related information, open jobs, and/or other information related to your organization, and may also enable you to submit comments, materials, or contact information, including but not limited to your name, email address, and phone number, or to chat and engage in other messaging functionality
through interactive features such as blogs, message boards, other forums. All such resumes, information, comments, and materials are “Submitted Materials.” For clarity, you retain ownership of your Submitted Materials. If you choose to submit Submitted Materials, you hereby grant Business Guru a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable, and fully
sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform, and display (publicly or otherwise), create derivative works of, adapt, modify, and otherwise use and exploit such Submitted Materials, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials). If you choose to submit Submitted Materials, you represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that your Submitted Materials, and your provision thereof through and in connection with the Sites, are complete and accurate, and are not fraudulent, tortious, or otherwise in violation of any applicable law or any right of any third party including intellectual property rights. For each of the Submitted Materials, you further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of Submitted Materials that you may have under any applicable law under any legal theory. It is your responsibility to ensure the Submitted Materials are true, accurate, current, and complete.

Business Guru may (but has no obligation to) screen, monitor, evaluate, and remove any Submitted Materials at any time and for any reason, or analyse your access to and use of the Sites. We may disclose information regarding your access to and use of the Sites, and the circumstances surrounding such access and use, to anyone for any reason or purpose.

5. THIRD-PARTY MATERIALS

The Sites may make available or provide links to third-party websites, content, services, or information (“Third-Party Materials”). Business Guru does not control, and is not responsible for, any Third-Party Materials and the availability of, or any links to, any Third-Party Materials on the Sites do not imply endorsement of, or affiliation with, the provider of Third-Party Materials. Your use of Third-Party Materials is at your own risk.

6. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Business Guru and its affiliates, officers, directors, agents, and employees from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including attorneys’ fees) arising out of or relating to your access to or use of, or activities in connection with, the Sites (including any Submitted Materials) or your violation or alleged violation of these Terms or the Privacy Policy. You may not enter into a settlement of a claim that involves a resolution other than one consisting solely of a monetary settlement without Business Guru’s prior written consent. This indemnity obligation shall survive the termination of these Terms.

7. DISCLAIMER

The sites are provided on an “as is” and “as available” basis, without any representations, warranties, or conditions of any kind, and Business Guru expressly disclaims all warranties and conditions, whether express, implied, or statutory, with respect to the sites to the fullest extent permissible under applicable law, including warranties and conditions of merchantability, fitness for a particular purpose, non-infringement, and title, and warranties arising from course of performance, course of dealing, usage, or trade.

While we try to maintain the timeliness, integrity, and security of the Sites, we do not guarantee that the Sites are or will remain updated, complete, correct, or secure, or that access to the Sites will be uninterrupted. We are not responsible for any inaccuracies, errors, or materials on the Sites. Additionally, we are not responsible for any unauthorized alterations to the Sites made by third parties.

You acknowledge that security measures used by or on behalf of Business Guru and its subcontractors and service providers might not protect the Sites against unauthorized access, use, or disclosure. Business Guru is not responsible or liable for any unauthorized access to, or use, alteration, theft, or destruction of the Sites or any data stored or processed on the Sites (including Submitted Materials), whether through accident, fraudulent means or devices, or any other method.

8. LIMITATION OF LIABILITY

You agree Business Guru and its affiliates, including their respective employees, officers, agents and directors, will not be liable for any indirect, incidental, consequential, special, exemplary, aggravated, or punitive damages of any kind, under any contract, tort (including negligence), strict liability or other theory, or damages for loss of profits, loss of data, or other intangibles, or loss of security of submitted materials (including unauthorized interception of, access to, or alteration by third parties of any submitted materials, data, or other intangibles), even if advised in advance of the possibility of such damages or losses. Without limiting the foregoing, you further agree Business Guru will not be liable for damages of any kind resulting from your use of or inability to use the sites or from any third-party materials, including from any malware or any virus, worm, hack, or malicious software that may be transmitted in connection therewith. You acknowledge and agree that your sole and exclusive remedy for dissatisfaction with the sites is to stop using the sites. You agree the maximum aggregate liability of Business Guru for all damages, losses and causes of action, whether in contract, tort (including negligence), strict liability, or otherwise, will be NIL.

9. TERMINATION

Business Guru may terminate or suspend your access to the Sites at any time, with or without cause or notice, including if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon any such termination or suspension (a) your right to access and use the Sites will immediately cease; (b) Business Guru may immediately deactivate or delete your username, password, and account; (c) Business Guru will be under no obligation to maintain or provide you with access to any materials associated with your account (including Submitted Materials or Feedback) and may retain or delete such materials in Business Guru’s sole discretion; and (d) except for the license granted to you to access and use the Sites, the remaining provisions of these Terms will survive and continue in effect.

10. GENERAL

These Terms do not, and will not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor- franchisee relationship between you and Business Guru. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision/s. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms without restriction. No waiver by either party of any breach or default under these Terms will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular will have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in these Terms will be construed as if followed by the phrase “without limitation.”

These Terms, including any terms and conditions incorporated herein, constitute the entire agreement between you and Business Guru relating to the subject matter hereof, and supersede any and all prior or contemporaneous oral agreements or understandings between you and Business Guru relating to such subject matter.

11. ACCOUNT AND PASSWORD

You may need to register for an account to use all or portions of the Sites. We may reject, or require that you change, any username, password or other information that you provide to us during registration or once registered. You, and not Business Guru, are responsible for the security of and any use or misuse of your username or password. In particular, it is your sole responsibility to (a) maintain the confidentiality of your account login and password; (b) frequently update and revise your password; and (c) promptly notify Business Guru if there is any unauthorized use of your account(s) or any breach of security by contacting us via email on hello@business-guru.uk

12. CUSTOMERS

Registration

If you are a business client of Business Guru to whom we provide services (“Customer”), you may register with Business Guru on the Sites. Once registered, you may be able to: 

• Create new job orders.
• Review and modify existing job orders.
• Review details for each order, including Candidate Information.
• Update your contact information.
• View candidate recommendations.
• Request to interview and/or engage candidates; and
• Review and approve time reports for Business Guru candidates currently working on jobs with you.

You agree that you are solely responsible for all activities undertaken within your customer account, including but not limited to any charges and additional fees incurred for extending or otherwise modifying jobs and creating new job orders.

13. CANDIDATES

Registration and Use of Sites

If you register as a candidate on the Sites (“Candidate”), you may opt to enroll in or be automatically enrolled in other Business Guru offerings designed to assist you in finding a job. As part of the enrolment process, we may require you to provide us with certain information including, but not limited to, your resume, name, email address, phone number, work history, education, experience, pay/compensation expectations, and geographic location (the “Candidate Information”). Once you have enrolled, Business Guru personnel may reach out to you via the email address or phone number your provided, and work with you to finalize your Candidate profile and continue to work with you throughout your use of the Sites.

You may be able to update your job search criteria and preferences, upload and update your resume, receive alerts, update your availability, view the status of your application, and provide us with additional information about you. Your Candidate Information may be viewed by Customers on the Sites according to Business Guru’s matching algorithm. Customers may have the opportunity to communicate with you directly through the Sites. You may receive notification from the Sites regarding a Customer’s interest in you and details about the job. You may, in your sole discretion, respond to any Customer that has contacted you via the Sites, to accept or reject any interview requests. All requests for interviews by Customers through the Sites do not guarantee a final job or job offer, or a job offer at any particular level of compensation.

No Guarantee

Further, without limiting the foregoing, Business Guru (a) does not guarantee that you will receive any employment or job offers through the Sites; (b) will not be responsible for any job offers or listings, initial screenings, hiring decisions, or actual employment presented by third parties; and (c) is neither your employer nor your agent based solely on your usage of the Sites. You must use your own judgment in evaluating any prospective employers and any Third-Party Materials.

Authorization and Certification

You authorize Business Guru, Customers, and their respective agents to make investigations and inquiries into your work and educational history and other related matters as may be necessary in arriving at a decision to place you on a job. Business Guru may use a third-party vendor to perform such investigations/inquiries. You release employers, schools, and other persons from all liability in responding to inquiries connected with your application and you specifically authorize the release of information by any schools, businesses, individuals, services or other entities listed by you in the Candidate Information. Furthermore, you authorize Business Guru and its agents to release any reference information to Customers who request such information for purposes of evaluating your credentials, skills, and experience and you acknowledge that Customers may reach out to you directly. You certify as to the accuracy of the Candidate Information and in any resume or other work history information. You understand that any misstatement of fact may cause you to be refused a job by Customer, to lose your job once placed on a job with Customer, or may result in removal of your account from the Sites. You are responsible for keeping Candidate Information accurate, complete, and up to date at all times.

No Charge

There is no charge for Candidates to use the Sites. Neither BusinessGuru nor Customers will require a payment from you.

Confidentiality

You agree that by using the Sites as a Candidate, Business Guru may contact you via the phone number (via text, call, or video conference) provided to Business Guru, including cell phone numbers. You also agree that by using the Sites, Business Guru may provide you with job opportunity or general employment information by sending email to you at the email address provided to Business Guru.

14. CONTACT US

If you have any questions or complaints about the Terms or the Policy,or if you would like to update any Personal Information you have provided to us, please contact us via email on hello@business-guru.uk

Please note that email communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your email correspondence with us.