Terms of Use

Terms of Use

This page states the "Terms of Use" under which you ("You") may use PianaHR.com an on-line business productivity suite to manage job applicants workflow process hereinafter referred to as (PianaHR or "Web Site").

These Terms of Use include the PianaHR Privacy Statement which is incorporated into these Terms of Use by reference. By using PianaHR, You are indicating your acceptance to be bound by these Terms of Use, including the PianaHR Privacy Statement.

Please read this page carefully. If `You` do not accept the Terms of Use stated herein, do not use the Web Site and its services. By using PianaHR, You are indicating your acceptance to be bound by the provisions of these Terms of Use. Piana IT Solutions Private Limited ("Piana" or the "Company") may revise these Terms of Use at any time by updating this posting. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this web site for any reason.

PianaHR may revise these Terms at any time by posting an updated version to this Web page. You should visit this page periodically to review the most current Terms because they are binding on `You`.

Users who violate these Terms may have their access and use of the PianaHR Site suspended or terminated, at PianaHR�s discretion

1. Eligibility

You must be 18 years of age or older to visit or use PianaHR in any manner. By visiting PianaHR or 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 the Web Site and agree to and abide by these Terms of Use. You also represent and warrant to the Company that You will use PianaHR in a manner consistent with any and all applicable laws and regulations.

2. Use of PianaHR Content

PianaHR authorizes You, subject to these Terms, to view and a single copy of the content available on or from PianaHR and to access and use the PianaHR Site and the PianaHR Content (as defined below) and to download and print a single copy of the content available on or from the PianaHR Site solely for Your personal, non-commercial use. The contents of PianaHR, and of all other website under the Company`s control, whether partial or otherwise, such as designs, text, graphics, images, video, information, logos, button icons, software, audio files and other PianaHR content (collectively, " PianaHR Content"), are protected under both India copyright, trademark and other laws. All PianaHR Content is the property of Piana. The compilation (meaning the collection, arrangement and assembly) of all content on the PianaHR is the exclusive property of Piana IT Solutions and is protected by copyright, trademark, and other laws. Unauthorized use of the PianaHR Content may violate these laws and/or applicable communications regulations and statutes, and is strictly prohibited. You must preserve all copyright, trademarks, service mark and other proprietary notices contained in the original PianaHR Content on any authorized copy You make of the PianaHR Content. You may not sell or modify the PianaHR Content or reproduce, display, publicly perform, distribute, or otherwise use the PianaHR Content in any way for any public or commercial purpose, in connection with products or services that are not those of PianaHR, in any other manner that is likely to cause confusion among consumers or that otherwise infringes PianaHR`s intellectual property rights.

Any code that PianaHR creates to generate or display any PianaHR Content protected by PianaHR`s copyright and You may not copy or adapt such code.

You may not use any of the PianaHR Content on any other Web site or in a networked computer environment (including, without limitation, by uploading or republishing PianaHR Content on any Internet, Intranet or Extranet site or incorporating the PianaHR Content in any other database or compilation for any purpose). You shall not copy or adapt the HTML code that the Company creates to generate any PianaHR Content is protected by the Company`s copyright. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

3. User Sign up Obligations

You need to sign up for a user account by providing all required information in order to access or use the Services. If you represent an organization and wish to use the Services for corporate internal use, we recommend that you, and all other users from your organization, sign up for user accounts by providing your corporate contact information. In particular, we recommend that you use your corporate email address. You agree to: a) provide true, accurate, current and complete information about yourself as prompted by the sign up process; and b) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if PianaHR has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, PianaHR may terminate your user account and refuse current or future use of any or all of the Services.

4. Use of the PianaHR Services

The job posting, resume database ("PianaHR Resume Database") and other features of the PianaHR Site to be used only by placement search firms or employers seeking candidates. Your use of the PianaHR Services is also subject to any other contracts You may have with PianaHR. In the case of any conflict between these Terms and any contract you have with PianaHR, the terms of your contract will prevail. The term "post" as used herein shall mean information that You submit, publish or display on a PianaHR Site.

5. Personal Information and Privacy

Personal information you provide to PianaHR through the Service is governed by PianaHR Privacy Policy. Your election to use the Service indicates your acceptance of the terms of the PianaHR Privacy Policy. You are responsible for maintaining confidentiality of your username, password and other sensitive information. You are responsible for all activities that occur in your user account and you agree to inform us immediately of any unauthorized use of your user account by email to info@pianahr.com. We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your user account, or otherwise.

6. Complaints

If we receive a complaint from any person against you with respect to your activities as part of use of the Services, we will forward the complaint to the primary email address of your user account. You must respond to the complainant directly within 10 days of receiving the complaint forwarded by us and copy PianaHR in the communication. If you do not respond to the complainant within 10 days from the date of our email to you, we may disclose your name and contact information to the complainant for enabling the complainant to take legal action against you. You understand that your failure to respond to the forwarded complaint within the 10 days` time limit will be construed as your consent to disclosure of your name and contact information by PianaHR to the complainant.

7. Additional Terms Applicable to Placement Search Firms

You are responsible for maintaining the confidentiality of Your dedicated account, Profile and passwords, as applicable. You may not share Your password or other account access information with any other party, temporarily or permanently, and You shall be responsible for all uses of Your PianaHR Site registrations and passwords, whether or not authorized by You. You agree to immediately notify PianaHR of any unauthorized use of Your account, Profile, or passwords.

Organizations are solely responsible for their postings on PianaHR Site. PianaHR is not to be considered to be an employer with respect to Your use of any PianaHR Site and PianaHR shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on PianaHR Site.

You understand and acknowledge that if You cancel Your account or Your account is terminated, all Your account information from PianaHR, including saved resumes, network contacts, and email mailing lists, will be marked as deleted in and may be deleted from PianaHR`s databases. Information may continue to be available for some period of time because of delays in propagating such deletion through PianaHR`s web servers.

In order to protect our PianaHR Community Users from commercial advertising or solicitation, PianaHR reserves the right to restrict the number of emails which a placement search firm or employer may send to Users to a number which PianaHR deems appropriate in its sole discretion.

Candidate profiles derived from User Content may also be made available through the Site. PianaHR does not make any representations regarding the accuracy or validity of such derived works or their appropriateness for evaluation by placement search firms/employers. Derived profiles may vary significantly from User Content.

Job postings

A Job posting may not contain:

1. any hyperlinks, other than those specifically authorized by PianaHR;
2. misleading, unreadable, or "hidden" keywords, repeated keywords or keywords that are irrelevant to the job opportunity being presented, as determined in PianaHR`s reasonable discretion;
3. the names, logos or trademarks of unaffiliated companies other than those of your customer save where expressly agreed by PianaHR;
4. the names of colleges, cities, states, towns or countries that are unrelated to the posting;
5. more than one job or job description, more than one location, or more than one job category, unless the product so allows;
6. inaccurate, false, or misleading information; and
7. Material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18.

You may not use Your PianaHR job posting to:

1. post jobs in a manner that does not comply with applicable local, national and international laws, including but not limited to laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property;
2. post jobs that require citizenship of any particular country or lawful permanent residence in a country as a condition of employment, unless otherwise required in order to comply with law, regulations, executive order, or federal, state or local government contract;
3. post jobs that include any screening requirement or criterion in connection with a job posting where such requirement or criterion is not an actual and legal requirement of the posted job;
4. post jobs or other advertisements for competitors of PianaHR or post jobs or other content that contains links to any site competitive with PianaHR;
5. sell, promote or advertise products or services;
6. post any franchise, pyramid scheme, "club membership", distributorship, multi-level marketing opportunity, or sales representative agency arrangement;
7. post any business opportunity that requires an upfront or periodic payment or requires recruitment of other members, sub-distributors or sub-agents;
8. post any business opportunity that pays commission only unless the posting clearly states that the available job pays commission only and clearly describes the product or service that the job seeker would be selling;
9. advertise sexual services or seek employees for jobs of a sexual nature;
10. request the use of human body parts or the donation of human parts, including, without limitation, reproductive services such as egg donation and surrogacy;
11. endorse a particular political party, political agenda, political position or issue;
12. promote a particular religion;
13. post jobs located in countries subject to economic sanctions of the United States Government; and
14. except where allowed by applicable law, post jobs which require the applicant to provide information relating to his/her
• racial or ethnic origin
• political beliefs
• philosophical or religious beliefs
• membership of a trade union
• physical or mental health
• sexual life
• the commission of criminal offences or proceedings or
• Age.

PianaHR reserves the right to remove any job posting or content from any PianaHR Site, which in the reasonable exercise of PianaHR`s discretion, does not comply with the above Terms, or if any content is posted that PianaHR believes is not in the best interest of PianaHR.

If at any time during your use of the PianaHR Services, You made a misrepresentation of fact to PianaHR or otherwise misled PianaHR in regards to the nature of your business activities, PianaHR will have grounds to terminate your use of the PianaHR Services.

Resume Database

Use of the PianaHR Resume Database by Placement Search Firms/Employers

You shall use the PianaHR Resume Database as provided in these Terms and in any contract You have with PianaHR. You shall use the PianaHR Resume Database in accordance with all applicable privacy and data protection laws, and You agree You shall not further disclose any of the data from PianaHR Resume Database to any third party, unless You are an authorized recruitment agency, staffing agency, advertising or other agency or using the resume explicitly for employment purposes.

You shall take appropriate physical, technical, and administrative measures to protect the data You have obtained from PianaHR Resume Database from loss, misuse, unauthorized access, disclosure, alteration or destruction. You shall not share Resume Database seat-based license login credentials with any other party, nor share Resume Database pay-per-view license login credentials with any party.

The PianaHR Resume Database shall not be used:

1. for any purpose other than as a placement search firm or employer seeking candidates, including but not limited to advertising promotions, products, or services to any resume holders;
2. to make unsolicited phone calls or faxes or send unsolicited mail, email, or newsletters to resume holders or to contact any individual unless they have agreed to be contacted (where consent is required or, if express consent is not required, who has not informed you that they do not want to be contacted); or
3. To source candidates or to contact job seekers or resume holders in regards to career fairs and business opportunities prohibited by these Terms of Use.

In order to ensure a safe and effective experience for all of our customers, PianaHR reserves the right to limit the amount of data (including resume views) that may be accessed by You in any given time period. These limits may be amended in PianaHR`s sole discretion from time to time.

8. Restrictions on Use
In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer the Services or otherwise make it available to any third party; (ii) provide any service based on the Services without prior written permission; (iii) use the third party links to sites without agreeing to their website terms & conditions; (iv) post links to third party sites or use their logo, company name, etc. without their prior written permission; (v) publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity; (vi) use the Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of PianaHR; (vii) violate any applicable local, state, national or international law; and (viii) create a false identity to mislead any person as to the identity or origin of any communication.

9. Spamming and Illegal Activities
You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another`s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of "junk mail", "spam", "chain letters", "phishing" or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.

10. Data Ownership
We respect your right to ownership of content created or stored by you. You own the content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant PianaHR the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for PianaHR`s commercial, marketing or any similar purpose. But you grant PianaHR permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account solely as required for the purpose of providing the Services to you.

11. User Generated Content
You may transmit or publish content created by you using any of the Services or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available. Any content that you may receive from other users of the Services, is provided to you AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using any of the Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Services you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that PianaHR will have the right to block access to or remove such content made available by you if PianaHR receives complaints concerning any illegality or infringement of third party rights in such content. By using any of the Services and transmitting or publishing any content using such Service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by PianaHR for this purpose.

To inform PianaHR about the illegality or infringement of third party rights in content transmitted or published using the Services, mail us at - Info@pianahr.com

12. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. PIANAHR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PIANAHR MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM PIANAHR, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

13. Disclaimer of Consequential Damages
TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL PIANAHR, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY PIANAHR SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY PIANAHR SITE AND THE PIANAHR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PIANAHR IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14. PianaHR`s Liability
The PianaHR, among other things, venues for

1. Placement search firms and their employees to post job opportunities and evaluate job candidates
2. Candidates post resumes and Profiles for job opportunities. PianaHR does not screen or censor the listings, including Profiles offered. PianaHR is not involved in the actual transaction between placement search firms/employers and candidates. As a result, PianaHR is not responsible for User Content, the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of Placement search firms or employers to offer job opportunities to candidates or the ability of candidates to fill job openings and PianaHR makes no representations about any jobs, resumes or User Content on PianaHR. While PianaHR reserves the right in its sole discretion to remove User Content, job postings, resumes or other material from the PianaHR Site from time to time, PianaHR does not assume any obligation to do so and to the extent permitted by law, disclaims any liability for failing to take any such action.

15. Indemnity
You agree to indemnify and hold harmless PianaHR, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney`s fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party`s rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorized by PianaHR.

16. General
The Company makes no claims that the PianaHR Content may be lawfully viewed or accessed outside of India. Access to the PianaHR Content may not be legal by certain persons or in certain countries. Your access to PianaHR Site is at your own risk and You are responsible for compliance with the laws of respective State`s jurisdiction as may be applicable to You. These Terms of Use are governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or courts within Delhi, India. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in an additional agreement, additional terms of use for areas of PianaHR.in or PianaHR.com, and a particular "Legal Notice," or Software License or material on particular Web pages, these Terms of Use constitute the entire agreement between You and the Company with respect to the use of PianaHR.in or PianaHR.com. No changes to these Terms of Use shall be made except by a revised posting on this page

17. Redressal of Users Grievance
The aggrieved user may submit their grievances by email - Info@pianahr.com

18. Term and Termination
These Terms of Use will remain in full force and effect while You are a User of PianaHR.in or PianaHR.com at any level. The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your User Content from PianaHR.in or PianaHR.com Site and immediate termination of your registration with or ability to access PianaHR.in or PianaHR.com Site, upon any breach by You of these Terms of Use or if the Company is unable to verify or authenticate any information You submit to PianaHR.in Site registration. Even after You are no longer a User of PianaHR.in or PianaHR.com, certain provisions of these Terms of Use will remain in effect,