Staffsoul Terms and Conditions
Last Updated: 23rd February, 2025
I. Introduction and General Information
1. Welcome and Overview
1.1. Welcome to Staffsoul. This Terms and Conditions document (“Agreement”) governs your use of the Staffsoul platform and all associated services. By accessing or using our website and services, you acknowledge that you have read, understood, and agree to be bound by this Agreement in its entirety.
1.2. Our goal is to provide a secure, efficient, and transparent platform. This Agreement outlines your rights and obligations as well as the measures Staffsoul takes to protect its interests. Please review it carefully.
2. Purpose of This Document
2.1. This Agreement is intended to:
- a. Establish a binding legal contract between you and Staffsoul regarding the use of our services.
- b. Clearly define the rights and responsibilities of both you (the user) and Staffsoul.
- c. Detail the scope of services provided by Staffsoul and the conditions under which these services are offered.
- d. Ensure that all applicable legal protections under Indian law are observed.
3. Binding Nature and Legal Authority
3.1. By using our website and services, you confirm that you are legally capable of entering into this Agreement.
3.2. You agree to abide by all terms and conditions outlined herein, as well as any future amendments published on our website.
3.3. This Agreement is enforceable under the applicable laws of India.
4. Disclaimer and Modification Rights
4.1. Staffsoul reserves the right to amend or modify these Terms and Conditions at its sole discretion.
4.2. Any changes will be posted on our website and become effective immediately upon publication.
4.3. It is your responsibility to review these terms periodically; continued use of our services constitutes acceptance of any updates.
II. Definitions and Interpretation
1. Definitions
- User: Any individual, company, or organization that accesses or uses the Staffsoul platform or any related services.
- Platform/Services: The Staffsoul website, mobile applications, and any other service provided by Staffsoul.
- Content: All data, information, text, graphics, images, or other material made available through the platform.
- Agreement: This Terms and Conditions document, including all its amendments and modifications.
- Account: A profile registered on the platform that grants access to its features and services.
- Third-Party Services: Services or content provided by external entities integrated with the platform.
- Intellectual Property: Trademarks, copyrights, patents, trade secrets, and other proprietary rights.
- Confidential Information: Any non-public information that is designated as confidential or that should reasonably be considered confidential.
- Force Majeure: Events beyond the control of either party, such as natural disasters or war.
2. Interpretation Guidelines
- Guideline: Singular words include their plural forms, and vice versa.
- Inclusivity: References to gender include all genders.
- Section References: References to sections refer to the latest version of this Agreement.
III. Acceptance of Terms
1. Binding Agreement
3.1. By accessing or using the Staffsoul website or any of its services, you confirm that you have read, understood, and agree to be bound by these Terms and Conditions in their entirety.
3.2. Your use of the website constitutes your acceptance of all provisions contained herein.
2. Consent Through Use
3.3. Any act of accessing, browsing, or interacting with the Staffsoul platform is deemed an acceptance of these Terms.
3.4. Registration or subsequent use confirms your agreement to these Terms, including future modifications.
3. Legal Capacity
3.5. You represent that you are at least 18 years old or have reached the legal age of majority in your jurisdiction, and are legally capable of entering into a binding contract.
3.6. If using the platform on behalf of an entity, you affirm that you have the authority to bind that entity to these Terms.
4. Modifications to Terms
3.7. Staffsoul reserves the right to amend these Terms at any time. Changes become effective upon publication.
3.8. Continued use of our services constitutes acceptance of any updates.
3.9. If you do not agree with these Terms, you must discontinue use immediately.
IV. Amendments and Modifications
1. Right to Amend
4.1. Staffsoul reserves the right to modify these Terms at its sole discretion.
2. Effective Date and Retroactivity
4.2. All modifications become effective immediately upon being posted.
4.3. Amendments apply solely to future interactions.
3. Notification of Material Changes
4.4. For material changes, Staffsoul will provide prominent notice on the website and via email when applicable.
V. Governing Law and Jurisdiction
1. Applicable Law
5.1. This Agreement is governed by and construed in accordance with the laws of India.
2. Exclusive Jurisdiction
5.2. Disputes shall be subject to the exclusive jurisdiction of the courts in Kolkata, India.
3. Consent to Service of Process
5.3. You agree not to object to the jurisdiction or venue of these courts.
4. Injunctive and Equitable Relief
5.4. Nothing here prevents Staffsoul from seeking injunctive relief or other legal remedies to enforce these Terms.
VI. Scope of Services
1. Overview
6.1. Staffsoul provides an online platform for recruitment, talent management, and professional networking.
2. Services Offered
6.2. The platform enables:
- Job Listings and Applications
- Candidate Search and Matching
- Employer Branding
- Access to Career Resources
- Networking and Collaboration
3. Service Delivery
6.3. Services are provided on an “as is” and “as available” basis, though we strive to ensure high quality.
4. Right to Modify Services
6.4. Staffsoul reserves the right to add, modify, suspend, or discontinue any aspect of its services without prior notice.
VII. Eligibility, Registration, and User Accounts
1. Eligibility
7.1. You must be at least 18 years old or have reached the legal age of majority.
7.2. If registering on behalf of a company, you confirm that you have the authority to bind that entity.
2. Registration Process
7.3. To access our services, you must register an account with accurate, complete, and current information.
3. Verification and Documentation
7.4. Additional documentation may be required for identity verification. Failure to provide accurate documentation may result in account suspension.
4. Account Security and Responsibility
7.5. You are responsible for maintaining the confidentiality of your account credentials. Do not share your login information.
5. Data Accuracy and Updates
7.6. Ensure that your account information remains accurate and up-to-date.
VIII. Account Security and Data Accuracy
1. Account Security
8.1. You are solely responsible for maintaining the confidentiality of your account credentials. Do not share your login details.
8.2. Immediately notify Staffsoul of any unauthorized access.
8.3. Use strong, unique passwords and enable two-factor authentication when available.
8.4. While we implement robust security measures, no system is completely secure. You assume responsibility for any losses due to negligence.
2. Data Accuracy
8.5. Provide accurate, complete, and current information during registration and use of the platform.
8.6. Promptly update your account details if any changes occur.
8.7. Staffsoul may verify the accuracy of your provided information and take necessary actions if discrepancies are found.
IX. Payment Terms, Fees, and Refunds
1. Payment Obligations
9.1. By accessing the platform, you agree to pay all applicable fees as displayed or communicated.
9.2. Payments must be made using accepted methods and on time to avoid suspension.
9.3. All fees are quoted in INR. Additional taxes, such as GST, may apply.
2. Billing and Invoicing
9.4. Billing cycles, invoicing methods, and payment terms will be clearly communicated. Please review invoices promptly.
9.5. Late payments may incur additional fees or lead to suspension.
3. Refund Policy
9.6. Refunds, if applicable, will be processed in accordance with our Refund Policy. Certain fees are non-refundable.
4. Taxes and Additional Charges
9.7. All fees are exclusive of applicable taxes and additional charges, which are your responsibility.
X. Intellectual Property Rights
1. Ownership
10.1. All content and intellectual property on the platform are the exclusive property of Staffsoul or its licensors.
10.2. No rights are transferred to you beyond the limited license to use the content.
2. License Grant
10.3. Subject to your compliance with these Terms, Staffsoul grants you a limited, non-exclusive license to use the content for personal or internal business purposes.
10.4. You may view, download, and print portions of the content for non-commercial use only.
10.5. Any other use requires prior written consent.
XI. License Grant and Restrictions on Use
1. License Grant
11.1. Staffsoul grants you a limited license to access and use the platform for personal or internal purposes.
2. Permitted Use
11.2. You may use the platform’s features for internal purposes only.
11.3. Account sharing is prohibited; each user may operate only one account.
3. Restrictions
11.4. You shall not reverse engineer, decompile, or attempt to derive the source code of any component of the platform.
11.5. Reproduction or public display of proprietary content without consent is prohibited.
4. Termination of License
11.6. Staffsoul may terminate your license immediately if you breach any provision of this Agreement.
11.7. Upon termination, you must cease all use of the platform and destroy any proprietary materials.
XII. User-Generated Content and Ownership
1. Ownership and License
12.1. Any content you create or submit (“User Content”) remains your property.
12.2. By submitting User Content, you grant Staffsoul a non-exclusive, royalty-free license to use it in connection with the platform.
2. Representations and Warranties
12.3. You represent that you have the rights to submit your content and that it does not infringe on any third-party rights.
12.4. You are solely responsible for your User Content.
XIII. Content Submission and Moderation
1. Submission Guidelines
13.1. All submitted content must adhere to the platform’s guidelines and applicable laws.
13.2. Prohibited content includes malware, hate speech, or material that infringes on third-party rights.
2. Moderation Process
13.3. Staffsoul employs automated tools and manual reviews to monitor submitted content.
13.4. Moderators may remove or modify content at their sole discretion without prior notice.
3. Appeal Process
13.5. If your content is removed, you may appeal within 14 days. The final decision is binding.
4. Liability and Disclaimers
13.6. Staffsoul is not liable for content removal errors. Continued use implies acceptance of these guidelines.
XIV. Privacy Policy and Data Protection
1. Data Collection and Use
14.1. Data collected includes personal, usage, and transactional information, which is used for service improvement and communications.
14.2. Data is processed in accordance with our Privacy Policy.
2. Data Sharing
14.3. Data may be shared with third-party service providers for operational functions, subject to confidentiality agreements.
14.4. Disclosure may occur as required by law.
3. Security Measures and User Rights
14.5. Advanced security measures are implemented to safeguard your data.
14.6. You have the right to access, correct, or delete your personal data.
14.7. Our Privacy Policy outlines how your data is retained and used.
XV. Confidentiality and Non-Disclosure
1. Definition of Confidential Information
15.1. Confidential Information includes any non-public information designated as confidential or that should reasonably be considered confidential.
2. Obligations of the Receiving Party
15.2. Confidential Information must be used solely for purposes related to this Agreement and kept secure.
15.3. Disclosure to third parties is prohibited without prior written consent, except as required by law.
3. Permitted Disclosures and Duration
15.4. Disclosures are permitted if the information is public, independently developed, or disclosed with approval. Confidentiality obligations continue for five years after termination, except for trade secrets.
XVI. User Obligations and Acceptable Use
1. Compliance with Laws
16.1. Use the platform in accordance with all applicable laws and regulations.
2. Acceptable Use Guidelines
16.2. Use the platform solely for its intended purposes, such as recruitment and networking.
16.3. Do not engage in activities that disrupt platform performance or compromise security.
3. Prohibited Activities
16.4. You shall not engage in fraudulent, defamatory, or otherwise harmful activities.
- Unauthorized access or hacking
- Spamming or phishing
- Harassment or defamation
4. Security and Account Integrity
16.5. Maintain the confidentiality of your account details.
16.6. Do not share your login credentials; such actions may result in suspension.
5. Monitoring and Enforcement
16.7. Staffsoul may monitor platform usage and enforce these guidelines through warnings, suspension, or legal action.
XVII. Prohibited Conduct and Enforcement
1. Prohibited Activities
17.1. You shall not engage in any unlawful, fraudulent, or harmful activities, including:
- Unauthorized access or hacking
- Distribution of malware or harmful software
- Spamming or deceptive practices
- Circumventing security controls
- Transmitting defamatory or illegal content
- Harassing or threatening other users
17.2. Any conduct deemed harmful by Staffsoul is strictly prohibited.
2. Monitoring and Investigation
17.3. Staffsoul reserves the right to monitor all activities on the platform.
17.4. Suspicious behavior may trigger investigation and enforcement actions.
3. Disciplinary Actions and Legal Remedies
17.5. Violations may result in warnings, suspension, termination, or legal action.
17.6. In cases of irreparable harm, injunctive relief may be sought.
XVIII. Security, Cybersecurity, and IT Compliance
1. Security Standards and Protocols
18.1. Staffsoul employs advanced security measures, including encryption and multi-factor authentication.
18.2. Regular vulnerability assessments and penetration tests are conducted.
2. Cybersecurity Measures and Threat Detection
18.3. All communications are encrypted.
18.4. The platform continuously monitors for suspicious activity.
18.5. Intrusion detection systems and behavioral analytics help mitigate threats.
3. Anti-Scraping and Data Harvesting
18.6. The use of automated tools or bots to extract data is explicitly prohibited.
18.7. Attempts to bypass anti-scraping measures may result in suspension.
4. IT Compliance and Best Practices
18.8. The platform complies with the Information Technology Act, 2000, and other applicable guidelines.
18.9. Policies are updated to reflect evolving cybersecurity threats.
5. Incident Response and Breach Notification
18.10. In the event of a security incident, an immediate response protocol is initiated.
18.11. Affected users will be notified as required by law.
XIX. Compliance with Indian Laws
1. General Obligation
19.1. You agree to comply with all applicable Indian laws, including the Indian Contract Act, 1872; Indian Penal Code, 1860; and the Information Technology Act, 2000.
2. User Responsibilities
19.2. You shall not engage in any activities that violate Indian law.
3. Enforcement by Staffsoul
19.3. Staffsoul may monitor, investigate, and take action against violations of Indian law.
19.4. In the event of a legal breach, Staffsoul may cooperate with law enforcement.
4. Legal Remedies
19.5. Staffsoul may pursue injunctive relief and other remedies for legal violations.
19.6. Disputes shall be resolved under the jurisdiction of Kolkata courts.
5. Adaptation to Legislative Changes
19.7. It is your responsibility to stay informed about legal changes.
XX. Regulatory and Industry Standards
1. Regulatory Compliance
20.1. Staffsoul commits to full compliance with all applicable regulations and legal requirements.
20.2. Guidelines from regulatory agencies such as the RBI, SEBI, or other authorities are followed.
2. Industry Best Practices
20.3. Our operational practices align with recognized standards, including ISO/IEC 27001 and ISO 9001.
20.4. Policies are regularly reviewed and updated.
3. Sector-Specific Standards
20.5. Additional standards may apply for specific sectors; adjustments are made as needed.
20.6. Regulatory changes in specific sectors are monitored.
4. Audits and Reviews
20.7. Regular internal and external audits are conducted to verify compliance.
20.8. Corrective actions are implemented based on audit findings.
5. Employee Training and Awareness
20.9. Ongoing training ensures that employees are aware of data protection, cybersecurity, and regulatory changes.
20.10. This training reinforces ethical conduct and adherence to standards.
6. Data Protection Measures
20.11. Technical and organizational measures are implemented to safeguard user data.
20.12. Data handling practices are continuously reviewed.
7. Policy Updates
20.13. Staffsoul reserves the right to update policies as needed.
20.14. Significant changes will be communicated to users.
XXI. Dispute Resolution, Arbitration, and Legal Remedies
1. Initial Dispute Resolution
21.1. Engage in good faith negotiations to resolve any disputes.
21.2. If unresolved within 30 days, mediation will be attempted.
2. Arbitration
21.3. If mediation fails, disputes will be submitted to binding arbitration under the Indian Arbitration and Conciliation Act, 1996, in Kolkata.
21.4. The arbitrator’s decision is final and enforceable.
21.5. Arbitration proceedings are confidential.
3. Legal Remedies and Injunctive Relief
21.6. In addition to arbitration, you may seek injunctive relief to prevent irreparable harm.
21.7. The remedies provided are cumulative.
21.8. Notice and escalation procedures shall be followed as outlined.
XXII. Termination, Suspension, and Post-Termination Obligations
1. Termination by Staffsoul
22.1. Staffsoul may suspend or terminate your account immediately for breaches of this Agreement.
22.2. Termination may also occur without cause, subject to reasonable notice.
2. Termination by User
22.3. You may voluntarily terminate your account by following the prescribed procedures.
3. Effects of Termination
22.4. Upon termination, your right to access the platform ceases immediately.
22.5. Data associated with your account may be retained as per our retention policy.
4. Post-Termination Obligations
22.6. Terminated accounts may not be reactivated, and stored data may be deleted or anonymized.
22.7. Confidentiality obligations continue even after termination.
22.8. You agree to indemnify Staffsoul for any claims arising from actions prior to termination.
5. Dispute Resolution and Legal Recourse
22.9. Termination does not preclude Staffsoul from pursuing legal remedies.
XXIII. Indemnification and Liability Limitations
1. Indemnification by the User
23.1. You agree to indemnify, defend, and hold harmless Staffsoul from any claims, damages, or losses arising from:
- a. Your breach of these Terms;
- b. Unauthorized use of the platform;
- c. Infringement of third-party rights.
2. Staffsoul’s Indemnification
23.2. Subject to your compliance, Staffsoul may defend and indemnify you for claims arising from its breach, provided you promptly notify and cooperate.
3. Limitation of Liability
23.3. In no event shall Staffsoul be liable for indirect, incidental, or punitive damages.
23.4. Staffsoul’s total liability is limited to the fees paid by you in the 12 months preceding the claim or a legally prescribed amount, whichever is lower.
23.5. These limitations apply regardless of the legal theory used.
4. Exclusions and Exceptions
23.6. Liability limitations do not apply to claims resulting from Staffsoul’s fraud, gross negligence, or willful misconduct.
23.7. If any provision is unenforceable, liability is limited to the maximum extent permitted by law.
5. Notice and Cooperation
23.8. You must promptly notify Staffsoul and cooperate in the defense of any claim for which you seek indemnification.
XXIV. Miscellaneous Provisions
1. Entire Agreement
24.1. This Agreement, including all referenced policies, constitutes the entire understanding between you and Staffsoul and supersedes all prior agreements.
2. Severability
24.2. If any provision is held invalid or unenforceable, the remaining provisions shall continue in full force.
3. Waiver
24.3. No delay in enforcing any provision shall constitute a waiver of that provision.
4. Assignment and Successors
24.4. You may not assign your rights under this Agreement without Staffsoul’s prior written consent. Staffsoul may assign its rights without notice.
24.5. This Agreement is binding on the parties and their successors and permitted assigns.
5. Force Majeure
24.6. Neither party shall be liable for delays or failures due to circumstances beyond its control.
24.7. The affected party must notify the other and use reasonable efforts to resume performance.
6. Notices
24.8. All notices must be in writing and will be deemed delivered when sent by hand, courier, or registered mail.
- a. Delivered by hand (with confirmation);
- b. Received by a recognized overnight courier (with confirmation); or
- c. Sent by email or registered mail during business hours (or on the next business day if sent after hours).
24.9. Notices must be sent to the addresses provided in this Agreement.
7. Governing Language
24.10. This Agreement is drafted in English. In case of any discrepancy, the English version prevails.
8. No Partnership or Joint Venture
24.11. Nothing in this Agreement creates a partnership, joint venture, or agency relationship.
9. Headings and Captions
24.12. Headings are provided for convenience only and do not affect interpretation.
10. Counterparts and Electronic Signatures
24.13. This Agreement may be executed in counterparts, each of which is deemed an original.
24.14. Electronic signatures are valid and binding.
11. Amendments
24.15. No amendment is effective unless in writing and signed by both parties.
24.16. Neither party shall disclose the terms of this Agreement to any third party without prior written consent, except as required by law.
By continuing to use the Staffsoul platform, you acknowledge that you have read, understood, and agree to be bound by all the provisions of this Agreement, including these miscellaneous provisions.