Kormo Terms of Service

1. Introduction. Thank you for using the Kormo app for employers posting employment opportunities (“Kormo Jobs Manager”), the Kormo app for individuals seeking employment (“Kormo Seeker App”), and/or the Kormo micro app on Google Pay for individuals seeking employment (“Kormo Spot”). By accepting these terms of service for the Kormo Platform (as defined below) (“Kormo Terms”), you represent that you are of age of majority and fully authorized and competent to enter into, abide by and comply with these Kormo Terms on behalf of yourself or on behalf of the organization you represent (“You”).
2. Parties. These Kormo Terms are an agreement between You and Google Asia Pacific Pte. Ltd with registered offices at 70 Pasir Panjang Road, #03-71, Mapletree Business City II, Singapore 117371 (“Google”).
3. Applicable Terms. By accessing, downloading or using any of the Kormo Platform , You agree to comply with and be bound by the following:
   1. Google Terms of Service (the "Universal Terms");
   2. these Kormo Terms;
   3. the Google Privacy Policy (the "Privacy Policy"), and
   4. if you reside in India use the Kormo Spot, the Google Pay Terms of Service for India Residents.
These documents are collectively referred to herein as the "Combined Kormo Terms."
4. Definitions. Definitions appearing on these Kormo Terms:
   1. “Course” means a unit of study, available on the Kormo Seeker App or the Kormo Spot from time to time, on different subjects which aims to help the Seeker improve his/her/their knowledge and be selected for the right job.
   2. “Employer” means any natural or legal person who (i) has an account on the Kormo Jobs Manager, and/or (ii) enlists a Job Post.
   3. “Group Companies” means Google’s parent, its subsidiaries and associate companies, and the parent’s ultimate holding company and its direct or indirect subsidiaries, including their associate companies.
   4. “Job Post” in relation to an Employer means the advertisement created by such Employer, on the Kormo Jobs Manager, relating to a job opportunity with themselves or their affiliates, or with any organisation who has authorised them in this regard, which will be displayed by Google on the Kormo Seeker App and/or the Kormo Spot.
   5. “Job Services” shall mean the services to be performed by a Seeker upon being hired pursuant to a Job Post.
   6. “Kormo Employer Services” means the services provided by Google to Employers through the Kormo Platform including: (i) enabling display of the Job Posts on the Kormo Seeker App and/or Kormo Spot; (ii) sharing information about the Seekers who have applied to a Job Post; (iii) providing Match Relevance to Employer; and (iv) arranging and aggregating information relating to Seeker(s) in an automated manner.
   7. “Kormo Platform” means the Kormo Jobs Manager, the Kormo Seeker App, and the Kormo Spot.
   8. “Kormo Seeker Services” means the job opportunities matching services provided by Google as per the Combined Kormo Terms including: (i) recommending Courses to Seekers; (ii) displaying the Jobs Posts as per the information provided by Seeker; (iii) providing Match Relevance to Employers; and (iv) updating Seeker regarding the status of an application made by them to an Employer.
   9. “Kormo Services” means the Kormo Employer Services and the Kormo Seeker Services.
   10. “Match Relevance” in relation to a Seeker means the match relevance indication generated by Google, using an algorithm based on information and data input by User(s), in an automated manner.
   11. “Seeker” means any natural person using the Kormo Seeker App and/or the Kormo Spot: (i) to match their interests with Job Post(s); (ii) to browse or avail any Course(s); or (iii) to apply for any Job Post.
   12. “Taxes” means any duties, statutory levies, withholding taxes, indirect taxes, or any other taxes (other than taxes on Google’s net income) associated with the sales of Kormo Services, including any related penalties or interest.
   13. “Users” refers to the Employers and/or Seekers.
5. Use of Google Group Companies. You understand and hereby agree that Google reserves the right to use the services of its Group Companies to provide any of the Kormo Services to You, on behalf of Google. You hereby consent to such sharing of information by Google with its Group Companies and their respective employees and consultants for such purpose.
   1. Google may share the information provided by a Seeker on the Kormo Seeker App and/or Kormo Spot, or any information on the Seeker aggregated by Google from the Kormo Spot or the Kormo Seeker App with the Employer through the Kormo Jobs Manager.
   2. If the Seeker resides in India: (i) as part of its Kormo Seeker Services, Google may share with the Seeker the status of a transaction associated with a Job Post, through Google Pay; and (ii) Google may share with Google Pay information relating to a Job Post(s) including details regarding interview status, selection or rejection by the Employer of a Seeker.
6. Kormo Platform and Kormo Services
   1. Purpose of the Kormo Seeker App and Kormo Spot. The Kormo Seeker App and Kormo Spot enable connections between Employers and Seekers by recommending job opportunities to the Seekers on the basis of information voluntarily provided by them.
      For this purpose, as part of its Kormo Seeker Services, Google also provides access to Courses to Seekers to enable Seekers to learn and improve their chances of being selected for the right job.
   2. Purpose of the Kormo Jobs Manager. The Kormo Jobs Manager enables Employers to: (i) create their account on the Kormo Jobs Manager; (ii) create Job Posts; (iii) view the progress details relating to the interviews scheduled, conducted and/or closed for any Job Post; and (iv) avail other Kormo Employer Services from time to time.
   3. Nature of the Kormo Services. You understand and agree that:
      1. Google is operating a platform which enables Employers to advertise their Job Posts, connects Seekers with Employers on the basis of the information provided by such Seeker, and provides Match Relevance to Employers, in an automated manner.
      2. Google does not publish any Job Posts for itself.
      3. Google is not a party to any agreements, for employment or otherwise, among Users.
      4. Google will not be responsible or involved for any salary, compensation, benefits or remuneration due from an Employer to the Seeker.
      5. Google may in certain cases provide additional value added services to an Employer. However, under no circumstances is Google an Employer, contracting agent, supplier of workers or an agent of any Employer.
      6. Google is not and will not be responsible for any communications or offers made to a Seeker in relation to a Job Post by an Employer.
      7. Google is not responsible for any act of Users including any security bonds demanded by the Employer(s) from Seekers, if any.
      8. Google does not guarantee:
      1. any assured employment to any Seeker or any assured interest from Seekers towards a Job Post,
      2. the Job Posts recommended to a Seeker will match, suit or work out for such Seeker, or Seeker selected pursuant to a Job Post will perform as per the Job Post requirements or will complete the tenure prescribed under the Job Post,
      3. the Employers will be connected with sufficient number of Seekers, or with Seekers with the qualification or experience the Employer requires for a Job Post, or
      4. by availing a Course the Seeker will be offered the vacancy under a Job Post or will become suitable for a vacancy under a Job Post.
      9. Google will not be responsible for, and does not make any representation or warranty regarding:
      1. paying salary or paying for services by Employers to Seekers,
      2. the correctness, validity, suitability and availability of the information provided by a Seeker on the Kormo Seeker App or the Kormo Spot,
      3. the correctness, validity, suitability and availability of the information provided by an Employer on the Kormo Seeker App or the Kormo Spot including the information and description provided in a Job Post,
      4. the manner in which a job interview is conducted by an Employer pursuant to a Job Post including an Employer’s screening process,
      5. the job site conditions, safety or compliance with employment laws,
      6. the quality or suitability of the Job Services, and
      7. conditions imposed by an Employer with respect to any Job Post.
   4. No Warranty. GOOGLE PROVIDES THE SERVICE “AS IS” WITHOUT ANY EXPRESS WARRANTIES OR REPRESENTATIONS OF ANY KIND.
      TO THE EXTENT PERMITTED BY LAW, GOOGLE DISCLAIMS ALL IMPLIED WARRANTIES AND REPRESENTATION, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOUR SOLE AND EXCLUSIVE REMEDY IS ENDING YOUR USE OF THE KORMO PLATFORM. GOOGLE ALSO DISCLAIMS ALL LIABILITY FOR ACTIONS, ERRORS OR OMISSIONS OF USERS ON THE KORMO PLATFORM.
   5. Fees. Google does not charge any fee, commission or charges to the Seekers for the use of the Kormo Platform.
7. Specific Terms for Seekers
   1. You represent that you have obtained all requisite prior consents and waivers necessary from any third party to provide Job Services.
   2. Account on Kormo Spot. If You reside in India, the Google Pay Terms of Service for India Residents shall continue to apply in relation to your account on the Kormo Spot.
   3. Personal Information and Privacy. Please note that by uploading Your resume or personal information on the Kormo Seeker App and/or Kormo Spot, You are agreeing and permitting the following:
      1. Google may share Your personal information (like Your name, age, gender, phone number, address, skills, and salary information) and data (like the number of interviews You have attended or missed, the assessments provided by Employers who have interviewed You) with Employers for the purpose of providing Kormo Seeker Services.
      2. Google may assemble Your application materials, resume, answers to screener questions, assessment responses and other information You provide through Kormo Seeker App and/or Kormo Spot, and share with Employers, in an automated manner.
      3. Google may display Your profile information to Employers and prospective Employers including through any of the Kormo Platform.
      4. Google may collect and use information regarding the Job Posts You have applied for, and all data regarding the interviews and assessments you appear in pursuant to such Job Post for the purpose of providing and improving Kormo Services.
      By signing up for the Kormo Seeker App and/or Kormo Spot, you hereby provide your irrevocable consent to allow Google the right to share and disclose your personal information in the manner and for the purposes specified above.
   4. Community Guidelines. You must abide by the Kormo Platform’s community guidelines for Seekers (“Seeker Community Guidelines”). FAILURE TO ABIDE BY THE SEEKER COMMUNITY GUIDELINES MAY LEAD TO THE SUSPENSION OR REMOVAL OF YOUR ACCOUNT FROM THE KORMO PLATFORM.
8. Specific Terms for Employers
   1. Personal Information and Privacy. All information that you share through the Kormo Platform is subject to the Privacy Policy. You hereby agree and consent that Google may collect, store, and use your information, data and any communications made through Kormo Platform, in accordance with applicable laws and the Privacy Policy.
   2. Community Guidelines. You must abide by the Kormo Platform’s community guidelines for Employers (“Employer Community Guidelines”). FAILURE TO ABIDE BY THE EMPLOYER COMMUNITY GUIDELINES MAY LEAD TO THE SUSPENSION OR REMOVAL OF YOUR ACCOUNT AND/OR JOB POST(S) FROM THE KORMO PLATFORM.
   3. If You have opted for any of the subscription services available to Employers, described here (the "Subscription Services”), You will pay the corresponding fees (“Subscription Fee”) to Google as indicated, in the currency and payment method approved by Google (as modified from time to time), within 30 calendar days of the invoice date (“Payment Due Date”). Incase applicable, we will charge you for any Taxes that are payable by you over and above the Subscription Fee. Employer is responsible for any reasonable expenses and legal fees Google incurs in collecting late payments that are not disputed in good faith.
      Any portion of the Subscription Fee not disputed in good faith must be paid in full. No party may offset any payment due under these Kormo Terms against any other payment to be made under the Kormo Terms.
   4. Taxes. Employer is responsible for any Taxes, and Employer will pay Google without any reduction of Taxes. In the event that Taxes must be withheld from any payment to Google, Employer will increase the payment to Google so that the amount received by Google is the same as it would have been if no Taxes were withheld. If Google is obligated to collect or pay Taxes in connection with the Subscription Services, the Taxes will be charged to you and are required to be paid by you. You must comply with any and all applicable tax laws, including the reporting and payment of any Taxes arising in connection with Kormo Services.
      If required under applicable law, Employer will provide Google with applicable tax identification information and any other tax information that Google may require to ensure its compliance with applicable tax regulations. The Employer acknowledges that all the details provided by it are correct and Employer is responsible for any misstatement.
   5. Termination of Use of Subscription Services. Google may, in its sole and absolute discretion without liability to You or any third party, terminate Your use of the Subscription Services for any reason, including without limitation, inactivity on the Kormo Platform or violation of these Kormo Terms, the Kormo Community Guidelines, or other policies that Google may establish from time to time.
      Despite termination of Your use of the Subscription Services, You shall remain liable for all payments accrued to Google under these Kormo Terms.
9. Terms for Both Seekers and Employers
   1. Personal Information and Privacy. You agree and specifically consent that Google or Google vendors may, through automated means, access the information You provide under Your account profile, Your navigational, log, and correspondence information/data.
      This information/data will help us improve the Kormo Services including analyzing the Job Posts’ suitability, and markets, technology, operating systems, browsers, devices, locations from/for which the Kormo Services are used. For example, such information and its analysis will help us to better understand Your needs and provide you with a wider range of services, or developing updates for particular operating systems and mobile application versions, etc. The information collected also helps us offer You other products, programs, or services including information about Courses Google believes may be of interest to a Seeker or may help a Seeker with a Job Post.
   2. Account Suspension or Removal. Google reserves the right to suspend or remove Your account if any information provided by You on the Kormo Platform is untrue, inaccurate, not current or incomplete.
   3. Removal or Suspension of Kormo Services. Google does not have an obligation to host, display, upload, modify, publish, transmit, update or share any Job Post. Google is entitled to remove or suspend any Job Post, or decline Kormo Services for any Job Post, without giving any notice to the User(s).
   4. Intellectual Property Rights. Using the Kormo Platform does not give You ownership of any intellectual property rights in the Kormo Platform. You own any content You make available on the platform but hereby grant to Google a worldwide, irrevocable, perpetual, transferable, royalty-free license to use such content for the purposes of providing the Kormo Services.
      In relation to the use of Kormo Platform, You will not intercept, create derivative works, propagate, modify, reverse engineer, disassemble, de-encrypt, or derive any confidential elements or otherwise tamper with any source code of the Kormo services or encourage or help anyone else to do so.
   5. Disputes. Any disputes between the Users arising out of the Kormo Platform including without limitation disputes related to a Job Post, interviews held pursuant to a Job Post, payment and benefits for Job Services, terms of employment, quality of Job Services, rights and obligations under employment laws and rules, are exclusively between and among the affected Employer(s) and/or Seeker(s). Google is under no obligation to resolve disputes among Users.
   6. Disclaimers and Release. You agree to release Google and Group Companies, and their agents, contractors, officers and employees from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute. You agree that You will not involve Google in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement with any User, advertiser or other third party in connection with the Kormo Services. If You attempt to do so: (i) You shall pay all costs and attorneys' fees of Google, and Group Companies; (ii) You shall provide indemnification as set forth below; and (iii) the jurisdiction for any such litigation or dispute shall be limited as set forth below. However, nothing in these Kormo Terms shall constitute a waiver of any rights, claims or defenses that you may have with respect to any transaction done on the Kormo Platform.
   7. Indemnification. You agree to hold harmless and indemnify Google and its affiliates, and their respective employees, agents, and officers, from and against any third party claim related to Your use of the Kormo Platform.
   8. Limitation of Liability. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GOOGLE AND ITS AFFILIATES, OFFICERS, AGENTS AND EMPLOYEES HAVE ANY LIABILITY FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, REVENUE, OR DATA, OR COST OF COVER. TO THE EXTENT PERMITTED BY LAW, GOOGLE AND ITS SUPPLIER’S LIABILITY FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THE APPLICABLE PROGRAM OR HARM CAUSED BY THE KORMO SERVICES SHALL NOT EXCEED:
      1. ONE HUNDRED THOUSAND INDIAN RUPEES (INR 100,000) IF YOU RESIDE IN INDIA; OR
      2. ONE HUNDRED US DOLLARS ($100) IF YOU RESIDE ELSEWHERE.
   9. Governing Law. If You reside in India: (a) these Kormo Terms will be governed by and construed in accordance with the laws of India; and (b) You agree that any legal action or proceedings arising out of these Kormo Terms may be brought exclusively in the competent courts/tribunals having jurisdiction in New Delhi, India and irrevocably submit to the jurisdiction of such courts/tribunals. If You reside elsewhere: (x) ALL CLAIMS ARISING OUT OR RELATING TO THESE KORMO TERMS OR ANY RELATED GOOGLE PRODUCTS OR SERVICES \WILL BE GOVERNED BY LAWS OF LAWS OF CALIFORNIA, USA EXCLUDING CALIFORNIA’S CONFLICT OF LAWS RULES; and (y) You agree that any legal action or proceedings arising out of these Kormo Terms may be brought exclusively in the competent courts/tribunals having jurisdiction in Santa Clara County, California, USA.
10. Miscellaneous. You understand and agree that You do not have a partnership, employer-employee, agency, franchise, or joint venture relationship with Google, and You will not be compensated in any way by Google. You will not use the Kormo Service to store or transfer any data that would be controlled for export under the Export Control Laws. If these Kormo Terms are made available in any other languages, the English language text will prevail in the event of any conflict.
11. Changes to These Kormo Terms. Google may modify these Combined Kormo Terms to, for example, reflect changes to the law or changes to the Kormo Services. Your continued use of the Kormo Platform shall constitute Your acceptance of the modified Combined Kormo Terms.

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