Terms and Conditions

This document sets out the terms and conditions on which you may make use of our website (the “website”) at [x] and/or our mobile application, “Aaitra” (the “App”) (available for downloaded on Apple iOS or Google Android or otherwise) as a User.

The website and the App is owned and operated by Collabrix HR Pvt. Ltd. (“Collabrix”, “us”, “our”, “we”, “the Company”). References to “our website” below includes references to our App, unless stated or the context provides otherwise.

We reserve the right to change these Terms and Conditions at any time and you shall be liable to update yourself of such changes, if any, by accessing the changes on the Website and in the App.

  1. 1. Acceptance of these Terms
    • 1.1. By accessing the App or using the website, you are accepting these terms (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the right, authority, and capacity to enter into these terms (on behalf of yourself or the entity that you represent). If you do not agree with all of the provisions of these terms, do not access and/or use the website.
    • 1.2. By clicking on the “I accept” button below, you are deemed to have read and accepted these Terms prior to using either the Mobile App or the website as a registered user.
    • 1.3. By clicking on the “I accept” button below if you are downloading the Mobile App you represent and warrant to us that your access and use of the Mobile App will be in accordance with these Terms and with all applicable laws, rules and regulations.
    • 1.4. You acknowledge and agree that these Terms of Service apply from the date on which you click “I accept” below and that the other relevant documents mentioned before apply from the date you first viewed our website or downloaded the App. Further you acknowledge and agree that these Terms apply to your use of our website and/or the Mobile App and that the these Terms form a legally binding contract between you and Collabrix.
    • 1.5. If you disagree with these Terms you must not click “I accept” below. You acknowledge and agree that Your Representative has the authority to enter into and to bind you to the Terms and your continued use of our Web App and/or the Mobile App is confirmation of that.
  2. 2. Description of our role:
    • 2.1. Aaitra is a Sourcing Platform that matches a Candidate to job vacancy posted by an Employer on the App and/or Website (collectively, “Our Service”).
  3. 3. Definitions
    • 3.1. Aaitra or App shall mean a mobile application available for download on the Apple App Store, Google Play Store and other platforms as may be available from time to time.
    • 3.2. ‘Collabrix’ shall refer to Collabrix HR Private Limited, a private company limited by shares, incorporated under the Companies Act, 2013.
    • 3.3. ‘Candidate’ shall mean a person who:
      • 3.3.1. Is seeking a job;
      • 3.3.2. Creates an account on Our Services and;
      • 3.3.3. Pays the Registration Fee
    • 3.4. Contact Person shall mean an employee designated by an Employer to manage and operate the App.
    • 3.5. Credit shall mean a point that is allocated to a User in consideration of payment of the Fee. The User may use these Credits to avail of various features in the App.
    • 3.6. Employer shall mean an Organisation or Individual who is desirous of hiring Candidates in order to fill up job vacancies. The Organisation or Individual may post job vacancies on Our Services in this regard.
    • 3.7. Fee shall mean a payment that has to be made by a User to avail of Credits to use Our Service.
    • 3.8. Individual shall refer to an entity, or a person that has not been formally incorporated and is desirous of hiring a Candidate or Candidates on the basis of the job vacancy or vacancies posted on the App.
    • 3.9. Organisation shall refer to an entity that has been formally incorporated and registered as a Partnership (as per the Indian Partnership Act, 1932), a LLP (as per the Limited Liability Partnership Act, 2008), or either a Private or a Public Company (as per the Companies Act, 2013).
    • 3.10. Party shall refer to either an Employer or a Candidate.
    • 3.11. Parties shall refer to both Employer and Candidate.
    • 3.12. Registration Number shall refer to a numerical code allotted to an Employer.
    • 3.13. Sourcing Platform shall mean a platform that matches a Candidate’s profile uploaded on the Aaitra App to a job vacancy posted by an Employer.
    • 3.14. Our Services shall mean the sourcing platform service fulfilled by the Aaitra Application as well as the Website located at www.aaitra.com.
    • 3.15. Terms shall mean these Terms and Conditions drafted by Collabrix HR Pvt. Ltd. that govern the use of the Aaitra App.
    • 3.16. User shall refer to both an Employer and a Candidate in a general sense.
    • 3.17. Website shall refer to www.aaitra.com.
    • 3.18. You shall refer to both an Employer and a Candidate in a general sense
  4. 4. Account-related terms
    • 4.1. Eligibility:
      • 4.1.1. By downloading the App or accessing our Website, you represent to us that you are competent to contract and can enter into legally binding contracts as per the Indian Contract Act, 1872. You are competent to contract if you are above eighteen (18) years of age and of sound mind, as described in the Indian Contract Act, 1872.
      • 4.1.2. If you are incompetent to contract, you shall not create an account on Our Services. Collabrix reserves the right to Blacklist You (in accordance with Clause [x]) if it is brought to the notice of Collabrix or if it is discovered that You are incompetent to contract.
    • 4.2. Creation of Account: A User may create an account by providing some information. The User represents and warrants that the information so provided is truthful, accurate and legal. It is the User’s responsibility to update the information periodically. A User is responsible to ensure confidentiality of one’s account, login information, prevent unauthorised use of one’s account and ensure that his/her use is compliant with these Terms.
    • 4.3. Creation of Employer Account:
      • 4.3.1. If an Employer is desirous of using our Services, it can create an Account by providing particulars of a Contact Person, which shall include name, mobile number, email ID.
      • 4.3.2. If the Employer is an Organisation, it shall also provide details such as TAN, PAN, Certificate of Incorporation and other documents, if any that evidences proof of formal incorporation of the Employer’s Organisation.
      • 4.3.3. If the Employer is an Individual, it shall provide details such as TAN, PAN and any other relevant document that evidences registration with relevant government authorities.
    • 4.4. Creation of a Candidate Account: if a Candidate is desirous of using our Services, it can create an account by providing details such as name, mobile number, email ID, Aadhar number and current photo.
    • 4.5. Creation of an account and payment entails life-time registration, subject to termination, Blacklisting (clause x) and non-use (clause x)
    • 4.6. In order to access our Services, a User has to pay a Fee to procure Credits, details of which are found in the App and in Clause [x].
    • 4.7. A User may cancel registration and delete his/her account at any time. The User acknowledges that the Fee will not be refunded and Credits will be exhausted.
    • 4.8. Creation of an Account Registration is non-transferable and shall be used only by one (1) user.
    • 4.9. An individual may not create an account on behalf of another individual
    • 4.10. In the event the Services are unused for a period of six (6) months, the Account will lapse and the Candidate will have to re-register by paying the Fee again.
  5. 5. Fees and Credits.
    • 5.1. To avail of our Services, a User must make a payment of a Fee specified in the App.
    • 5.2. Please note that payment of the Fee is made through a third-party Payment Vendor who will have a separate set of Terms and Conditions and payment-related information collection practices. You are therefore, requested to review and comply with the Payment Vendor’s Terms and Conditions and Privacy Policy.
    • 5.3. Refunds and repayments will be in accordance with this document (link Payment FAQs) and otherwise at the sole discretion of Collabrix HR Pvt. Ltd.
    • 5.4. Any other payment-related issues may be directed to our call centre at [x].
    • 5.5. Upon successful payment of the Fee, the User will be allotted a certain number of Credits, as specified in the App.
    • 5.6. The Fee may be changed at the discretion of Collabrix.
  6. 6. Credit System
    • 6.1. Aaitra uses a system of credits in order to facilitate usage of Our Services. A User must purchase ‘Credits’ on the App, based on pricing specified therein. Please see the document (link to Credit Management FAQs) for a detailed explanation of the Credit System.
    • 6.2. A detailed guide to the Credit System is given below:
      • 6.2.1. Based on whether a User is a Candidate or Employer, Credits are spent or refunded differently.
      • 6.2.2. Employer:
        Action Treatment of Credits
        Posting of a job
        Rejection of Candidate
        No response to Candidate for job application
        No deduction
        Shortlist Candidate and schedule interview call 1 Credit placed on ‘hold’ with Collabrix
        Candidate accepts interview call Exhaust 1 Credit
        Candidate rejects interview call Release the previously ‘held’ Credit back to Employer.
      • 6.2.3. Candidate
        Action Treatment of Credits
        Posting of a job
        Rejection of Candidate
        No response to Candidate for job application
        No deduction
        Shortlist Candidate and schedule interview call 1 Credit placed on ‘hold’ with Collabrix
        Candidate accepts interview call Exhaust 1 Credit
        Candidate rejects interview call Release the previously ‘held’ Credit back to Employer.
  7. 7. Intellectual Property
    • 7.1. Except material uploaded by a User, Collabrix has all rights to any and all intellectual property used in Our Services including but not limited to copyrights, trademarks, designs, technology.
    • 7.2. By downloading our application, We hereby grant you a non-exclusive, worldwide, royalty-free license, which cannot be sub-licensed. This license enables You to use our Services in accordance with these Terms and Conditions without damaging our brand and/or reputation.
    • 7.3. A User must not attempt to reverse engineer, redistribute or otherwise interfere with the functioning of our Services.
    • 7.4. Cannot be integrated into program or processes and any other function to be used in other processes.
    • 7.5. A User agrees that We may, at any time, revoke the licence to use our Services, at which point You agree to take all necessary steps to remove our application and any derivative data from any device under your control.
  8. 8. Responsibilities of a User, generally:
    • 8.1. The functioning of our Services involves uploading of documents and/or material from Users. The User represents and warrants that he/she has the necessary rights to use such material uploaded on Our Services.
    • 8.2. The User-uploaded material must not be illegal, defamatory or otherwise obscene.
    • 8.3. By uploading material on Our Services, you hereby authorise and grant us the right to store, copy, distribute and make it available to third parties.
    • 8.4. The User will ensure compliance with all notices or instructions given by the Collabrix from time to time to enable the use of Our Services.
    • 8.5. The User understands and agrees that User is responsible for the payment of all applicable taxes and for all costs that are incurred in using Our Services.
    • 8.6. The User shall be solely responsible for all information retrieved, stored and transmitted through the service by him.
    • 8.7. The User understands and agrees that he/she shall at all times comply with the requirements of Information Technology Act, 2000 as well as all rules, regulations, guidelines, by-laws and notifications made thereunder.
    • 8.8. Upon the Fee becoming payable, the User must promptly pay the same.
    • 8.9. The User shall be responsible for the set-up or configuration of his equipment for accessing any Service.
    • 8.10. Our Service shall not be used to send or receive any message, which is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, racial discrimination, ethnically objectionable, disparaging, relating or encouraging money laundering, gambling, providing or seeking political views, offensive on moral, religious, or otherwise unlawful in any manner whatever.
    • 8.11. The User shall not infringe on any intellectual property rights of Collabrix.
  9. 9. Responsibilities as a Candidate:
    • 9.1. In order to use our Services, a Candidate must upload documents and information as specified in the Aaitra Application.
    • 9.2. This information will be used to link Candidates with potential jobs from Employers. Hence, this information must be accurate, true and you must ensure that it is up-to-date.
    • 9.3. Important term pertaining to uploading of photograph: Please note that the photograph must be clear, professional and against a clear background. In the event the photograph turns out to be objectionable, Collabrix may, at it’s discretion ask the Candidate to upload a new photograph or may Blacklist the Candidate in accordance with Clause [x]
    • 9.4. Any other data that may be required by Collabrix from time to time, in order to enable matching of a Candidate with a job vacancy posted by an Employer.
  10. 10. Limitation of Liability (Candidate):
    • 10.1. Creation of an Account with Us on our Services does not guarantee employment and/or engagement by an Employer in any way.
    • 10.2. Collabrix does not, in any way take any responsibility in ensuring that any Employer, listed on our Services provides you with a job and does not guarantee employment in any way.
    • 10.3. Collabrix does not guarantee the authenticity of the credentials, status or otherwise of an Employer which shortlists a Candidate for a job vacancy.
    • 10.4. Any selection or rejection is based on a decision by an Employer registered or listed on our App and Collabrix expressly disclaims any liability with respect to the same.
    • 10.5. We are not responsible for the Employer’s payment of salary/remuneration/perquisites/any costs or charges due.
    • 10.6. The information specified by an Employer with respect to a vacancy is provided on an ‘as is’ basis and is based on information that an Employer furnishes to Collabrix. Please note that this may be subject to a negotiated agreement between a Candidate and an Employer. In the event there is a difference in the information specified by an Employer on the App and a negotiated agreement (between a Candidate and an Employer) or there is any change in any job parameters/conditions upon commencement of employment, Collabrix will not be liable.
    • 10.7. The Candidate hereby indemnifies Collabrix against all losses, liabilities, costs and expenses (including but not limited to legal costs) suffered or incurred by Collabrix which arises directly or indirectly from any Dispute, or any breach by the Candidate or third parties.
  11. 11. Responsibilities as an Employer:
    • 11.1. An Employer must designate an individual currently employed in its Organisation as a Contact Point. The Employer must furnish information regarding the Contact Point as specified in the Aaitra Application.
    • 11.2. This information is used to link an Employer to Candidates. Hence, this information must be accurate and up-to-date.
    • 11.3. If an Employer is desirous of posting a job on our Services, it must furnish information as specified in the Aaitra Application.
    • 11.4. By posting a job vacancy on Our Services, an Employer represents and warrants that it has obtained all applicable licenses/permits.
    • 11.5. Collabrix reserves the right to remove/modify any job posting or Employer content from Our Services at its discretion.
  12. 12. Limitation of Liability (Employer):
    • 12.1. By posting a job vacancy on our Services, we do not guarantee that the vacancy will be occupied. Furthermore, we do not make any guarantees as to a particular job vacancy being occupied within any specified time.
    • 12.2. The Aaitra application uses revolutionary technology to match a Candidate’s suitability to a job vacancy posted by an Employer. However, despite Our best efforts, a Candidate may not be suitable for a particular job posting once hired. You are responsible to carry out adequate due diligence before offering employment to a candidate. We merely facilitate information exchange about potential candidates and in no way, ensure or check the accuracy of the information and/or material uploaded by them on our Service.
    • 12.3. The Employer acknowledges and agrees that it is the Employer’s responsibility to ensure it enters into any necessary contractual arrangements with Candidates (whether for temporary, casual, contract or permanent employment). The terms of employment and any contractual arrangements shall be negotiated and agreed between the Employer and the Customer directly.
    • 12.4. The Employer’s designated Contact Point is responsible for making decisions with respect to selection or rejection of Candidates for interviews and/or for any kind of employment and/or engagement. Decisions of the Contact Point will be deemed to be decisions of the Employer. To this effect, in the event of any inconsistency or dispute with respect to a decision made by a Contact Point or an Employer, Collabrix will not be subjected to any liability whatsoever.
    • 12.5. The Employer hereby indemnifies Collabrix against all losses, liabilities, costs and expenses (including but not limited to legal costs) suffered or incurred by Collabrix which arises directly or indirectly from any Dispute, or any breach by the Employer.
  13. 13. Blacklisting
    • 13.1. For the purposes of this clause, ‘Blacklisting’ would entail the removal of a User from Our Services by immediate termination of his/her Account with no refund of any Fees or charges paid.
    • 13.2. This would also entail exhaustion of any and all Credits held by the User at the time of Blacklisting. Furthermore, the User would be barred from creating an Account on Our Services.
    • 13.3. Blacklisting of Candidates. A User may be Blacklisted in the following circumstances:
      • 13.3.1. Creating of multiple profiles by the same User
      • 13.3.2. Uploading illegal, defamatory, obscene content.
      • 13.3.3. Rejecting a job offer from an Employer in excess of 5 (five) times.
      • 13.3.4. Failing to attend interviews in excess of 3 (three) times.
      • 13.3.5. Carrying out any act that is otherwise illegal, obscene, fraudulent and/or defamatory.
    • 13.4. Collabrix may also report any illegal or obscene incident to competent authorities if required.
    • Please note that the above list is illustrative and not exhaustive. In addition to the above, Collabrix reserves the right to or not to Blacklist a User at it’s sole discretion.
  14. 14. Assessment of Candidates
    • 14.1. Upon payment of the Fee and uploading documents and information to complete one’s Profile, a Candidate will to undergo an assessment within the App.
    • 14.2. The assessment is carried out in order to facilitate better job matching.
    • 14.3. Collabrix uses various internal parameters and criteria to carry out job skills and competency assessments to yield objective and unbiased test scores.
    • 14.4. Test scores:
      • 14.4.1. Test scores arising from the assessment will be used for job matching purposes only, will be confidential and will not, under any circumstance, be disclosed to a User.
      • 14.4.2. The User agrees that any test scores and composite weightage as computed by Collabrix will be final, binding and not disputed.
  15. 15. Disputes between Candidates and Employers:
    • 15.1. In the event of any dispute between an Employer and a Candidate, Collabrix is not liable for any loss or damage suffered by any of the Parties referred to above.
    • 15.2. If any dispute arises between an Employer and a Candidate, we will not be made a party to such dispute. Furthermore, the Employer and Candidate are responsible for resolving all and any disputes amongst themselves.
    • 15.3. The Parties referred to before will hold Collabrix harmless from any liability in relation to any dispute referred to above.
  16. 16. No reliance on information
    • 16.1. We make no representations, warranties, whether express or implied that the information uploaded and available on our website is accurate, complete or up-to-date, despite our reasonable efforts.
  17. 17. No liability
    • 17.1. We will not be liable to any User for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
    • 17.2. use of, or inability to use, our Service; or
    • 17.3. use of or reliance on any content displayed on our Service.
    • 17.4. loss of profits, sales, business, or revenue;
    • 17.5. loss of anticipated savings;
    • 17.6. loss of business opportunity, goodwill or reputation; or
    • 17.7. any indirect or consequential loss or damage.
    • 17.8. Otherwise, our total liability to you arising under or in connection with these terms or the Service, regardless of the legal theory of liability, is limited to an amount equal to the total fees you have paid to us in the 12 months preceding the event (or last in the series of events) giving rise to such liability.
    • 17.9. If you are a Candidate, please note that we only provide our Service for domestic and private use. You agree not to use our Service for any commercial or business purposes.
  18. 18. Breach of these Terms and Conditions
    • 18.1. In the event the User breaches any of the clauses of these Terms, Collabrix shall have the right to delete any material relating to the violations without prior notice to the User.
    • 18.2. Collabrix shall issue a warning to the User to discontinue any activity which leads to the said violations and in the event the User continues with such prohibited activity, the Collabrix reserves the unilateral right to suspend or/and deactivate the User's access to APP and / or Website and to forfeit any amounts paid by him.
    • 18.3. Any Fees and/or other charges paid by a User to Collabrix shall not be refunded. Furthermore, any and all Credits held by the User shall be terminated immediately and the User will be barred from accessing his/her account on Our Services.
    • 18.4. In addition to the right to indemnity available to the Collabrix, the Collabrix shall have the right to any legal remedy, against the User to recover the loss suffered by the Collabrix and the harm caused to the reputation of the Collabrix, due to such violation by the User.
    • 18.5. In addition to the above, Collabrix will have any other course of action open to it as decided by the Board of Directors.
  19. 19. Miscellaneous
    • 19.1. These terms and the documents referred to in them contain the whole of the agreement between you and us relating to the Service.
    • 19.2. No representation or other pre-contractual statement will have any legal effect unless (and solely to the extent that) it is repeated in these terms.
    • 19.3. These terms are the terms of a contract whereby we provide you with access to our Service. Nothing in these terms will create any relationship of partnership, agency or employment between us.
    • 19.4. Neither party will have any liability for its failure to perform its obligations under these terms if and to the extent that failure is caused by a reason beyond its reasonable control.
  20. 20. Dispute Resolution
    • 20.1. Amicable Settlement:
      • 20.1.1. If any dispute or difference arises in connection with or arising out of these Terms, Parties shall endeavour to settle such dispute amicably through amicable negotiations.
      • 20.1.2. Any Party that wishes to initiate the ‘Amicable Settlement’ procedure in Clause 20.1 shall send a written notice to the other party within 15 (fifteen) days of the alleged dispute or difference.
      • 20.1.3. Such Amicable Settlement shall subsist only for a period of 30 (thirty) days and parties shall endeavor to settle such disputes or differences within the abovementioned time period.
      • 20.1.4. If the dispute or difference is not resolved within the abovementioned period, the next stage of the Dispute Resolution method (Clause 20.2) shall be effectuated.
    • 20.2. Arbitration
      • 20.2.1. In the event Parties are not able to resolve their disputes through Clause 20.1, Parties shall submit all disputes, differences or claims arising out of or in connection with this Agreement including, any question regarding its existence, validity, construction, performance, termination or alleged violation to arbitration in accordance with the Indian Arbitration and Conciliation Act, 1996 and any amendments made from time to time.
      • 20.2.2. The seat of such arbitration shall be Bangalore and all proceedings shall be conducted in the English language.
  21. 21. Waiver
    • 21.1. The Company’s failure to exercise or enforce any right or provision under these Terms and Conditions will not constitute a waiver of such rights or provisions by us.
    • 21.2. No waiver of any of these terms will be valid unless we agree it in writing.
  22. 22. Severability
    • 22.1. If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms & Conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
  23. 23. Non-assignment
    • 23.1. You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.
  24. 24. Governing law
    • 24.1. These Terms & Conditions shall be construed, governed and interpreted in accordance with the laws of India.
  25. 25. Disclaimer of warranty
    • 25.1. The services provided by the Company, all Aaitra content and any other information, product and material contained in or accessed through the app are provided to user on an “As is” basis and without warranty of any kind.
    • 25.2. The Company expressly disclaims all representations, warranties, conditions or indemnities express or implied, including, without any limitation, any warranty of merchantability, and fitness for a particular purpose, title or non-infringement or any warranty arising from a course of dealing, performance or trade usage.
    • 25.3. The Company does not warrant that your use of the services will be uninterrupted or error-free, that the Company will review the information or materials made available through the app for accuracy, that it will preserve or maintain any such information or materials without loss or that Aaitra will review the User content.
    • 25.4. The Company shall not be liable for delays, interruptions, viruses contained in any user content, the Aaitra website, application or any Aaitra service and communication, service, failure or other problems inherent in the use of the internet and electronic communications or other systems beyond the reasonable control of Aaitra.
    • 25.5. The foregoing disclaimers apply to the maximum extent permitted by the law. You may have other statutory rights, however, the duration of the statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.