Terms and conditions
Last Updated : Jan. 4th, 2021
These terms and conditions (“Terms”) govern the use of or access to https://pyjamahr.com (“Website”), the “PyjamaHR” mobile application (“App”), and the Services (defined below). The Website and App are collectively referred to as the “Platform”.These Terms also include our privacy policy, available at (“..”), and any guidelines, additional terms, policies, or disclaimers made available or issued by us from time to time. These Terms may be updated by us, without notice to you and the Terms, as amended, shall apply to you from time to time. You can always review the most current version of these Terms on the Platform.These Terms constitute a binding and enforceable legal contract between Aurelium Inc. (“PyjamaHR”) and a User (defined below) or any end user of the Services (collectively, “you”). You represent and warrant that you (a) have full legal capacity and authority to agree and bind yourself to these Terms, (b) are eighteen years of age or older, and (c) are an Indian resident. If you represent an entity, organisation, or any other legal person, you confirm and represent that you have the necessary power and authority to bind such entity, organisation, or legal person to these Terms.By using the Services, you agree that you have read, understood, and are bound by these Terms, and that you comply with the requirements listed herein. If you do not agree to all of these Terms or comply with the requirements herein, please do not access the Platform or use the Services.THE USER is the individual using our Service. The User corresponds to the Data Subject, who is the subject of Personal Data.
SERVICESThe Platform provides services to the users to automate their recruitment. In addition, the Platform uses technology and data-backed insights to meet Users’ untapped needs. All the services described here, including the provision of the Platform and its features, collectively constitute the “Services”.
PROFILE CREATIONTo avail the Services, the User would be required to create a profile on the Platform (“Profile”). In addition to setting up a username and password to create the Profile, the User will be required to furnish certain details, including but not limited to phone numbers and details of their businesses. The User warrants that all information furnished in connection with its Profile is and shall remain accurate and true in all respect, and agrees that it shall promptly update its details on the Platform in the event of any change or modification.
The User is solely responsible for maintaining the security and confidentiality of their username and password, and agrees to immediately notify PyjamaHR of any disclosure or unauthorised use of their Profile or any other breach of security with respect to their Profile.
The User expressly agrees to be liable and accountable for all activities that take place through its Profile. PyjamaHR shall in no manner be held liable for any unauthorised access to a User’s Profile.
The Merchant agrees to receive communications from PyjamaHR regarding: (i) information about PyjamaHR and the Services; (ii) promotional offers and services from PyjamaHR and its third party partners, and (iii) any other matter in relation to the Services.
THIRD PARTY SERVICES
The Services may include services, content, documents, and information owned by, licensed to, or otherwise made available by a third party (“Third Party Services”) or contain links to Third Party Services. Users understand that Third Party Services are the responsibility of the third party that created or provided it and acknowledge that use of such Third Party Services is solely at their own risk.
PyjamaHR makes no representations and excludes all warranties and liabilities arising out of or pertaining to such Third Party Services, including their accuracy or completeness. Further, all intellectual property rights in and to Third Party Services are the property of the respective third parties.
YOUR RESPONSIBILITIES
The User represents and warrants that all information that is provided through or in relation to the Services is complete, true, and correct on the date of agreeing to these Terms and shall continue to be complete, true, and correct while the User avails the Services. Should any information that the User provides change during the existence of these Terms, the User undertakes to immediately bring such change to PyjamaHR’s notice. PyjamaHR does not accept any responsibility or liability for any loss or damage the User may suffer or incur if any information, documentation, material, or data provided to avail the Services is incorrect, incomplete, inaccurate, or misleading, or if the User fails to disclose any material fact.
The User shall be solely responsible for ensuring compliance with applicable laws, and shall be solely liable for any liability that may arise due to a breach of its obligations in this regard.
The User shall extend all cooperation to PyjamaHR in its defence of any proceedings that may be initiated against it due to a breach of the User’s obligations or covenants under these Terms.
The User shall not use the Services in any manner except as expressly permitted in these Terms. Without limiting the generality of the preceding sentence, the User may not:
infringe any proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets, of any party;
except as may be provided hereunder, copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate, create any derivative works from, or license the Services;
use the Services to transmit any data or send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programmes or similar computer code designed to adversely affect the operation of any computer software or hardware;
use any robot, spider, other automated device, or manual process to monitor or copy the Platform or Services or any portion thereof;
engage in the systematic retrieval of content from the Platform or Services to create or compile, directly or indirectly, a collection, compilation, database or directory;
use the Services in (A) any unlawful manner, (B) for fraudulent or malicious activities, or (C) in any manner inconsistent with these Terms; or
violate applicable laws in any manner.
OUR INTELLECTUAL PROPERTY
All rights, title, and interest in and to the Platform and Services, including all intellectual property rights arising out of the Platform and Services, are owned by or otherwise licensed to PyjamaHR. Subject to compliance with these Terms, PyjamaHR grants the User a non-exclusive, non-transferable, non-sub licensable, royalty-free, revocable, and limited licence to use the Platform and Services in accordance with these Terms and its written instructions issued from time to time.
PyjamaHR may request Users to submit suggestions and other feedback, including bug reports, relating to the Platform or Services from time to time (“Feedback”). PyjamaHR may freely use, copy, disclose, publish, display, distribute, and exploit the Feedback without any payment of royalty, acknowledgement, prior consent, or any other form of restriction arising out of the User’s intellectual property rights.
Except as stated in these Terms, nothing in these Terms should be construed as conferring any right in or license to PyjamaHR’s or any third party’s intellectual rights.
Subscription, Billing & Payments
Subscription Charges
Unless otherwise specified in the Supplementary Terms, except during you were using free plan, all charges associated with Your Account (“Subscription Charges”) are due in full and payable on the day of renewal, in accordance with Section 6.b, when You subscribe to the Service(s). Unless specified otherwise in a Form, the Subscription Charges are based on the Subscription Plans You choose and are payable in full until You terminate Your subscription. You will receive a receipt upon each receipt of payment by Us. You may also obtain a payment receipt from within the Service(s).
Payment methods
You may pay the Subscription Charges through Your credit card, or other accepted payments method as specified in a Form. For all payment methods, Your payment is due immediately on the renewal date. You hereby authorize Us or Our authorized agents, as applicable, to bill Your credit card/payment method upon Your subscription to the Service(s) (and any renewal thereof). For payments through other accepted methods, Your payment is due within 24 (twenty four) hours of Our invoice date (“Due Date”) unless otherwise stated in a Form.
Renewal
Your subscription to the Service(s) will renew automatically for a Subscription Term equivalent in length to the then expiring Subscription Term. Unless otherwise provided for in any Form, the Subscription Charges applicable to Your subscription to the Service(s) for any such subsequent Subscription Term shall be Our standard Subscription Charges for the Subscription Plan to which You have subscribed as of the time such subsequent Subscription Term commences. You acknowledge and agree that, unless You terminate Your Account in accordance with Section 7, Your credit card/ payment method will be charged automatically for the applicable Subscription Charges.
Third-party privacy
We may use a third party service provider to manage credit card and other payment processing; provided, that such service provider is not permitted to store, retain or use Your payment account information except to process Your credit card and other payment information for Us. You must notify Us of any change in Your credit card or other payment account information, either by updating Your Account or by e-mailing Us at
Refunds
Unless otherwise specified in these Terms or a Form or a Subscription Plan, all Subscription Charges are nonrefundable. No refunds shall be issued for partial use or non-use of the Service(s) by You provided
Late Payments/Non-payment of Subscription Charges
We will notify You if We do not receive a payment towards the Subscription Charges within the Due Date for Your Account (“Payment Notice”). For payments made, We must receive payments due within a maximum of five (3) days from the date of Our Payment Notice and for payments through other accepted methods. If We do not receive payment within the foregoing time period, in addition to Our right to other remedies available under law, We may (i) charge interest for late payment at the rate of 1.5% per month on the invoiced amounts and/or; suspend Your access to and use of the Service(s) until We receive Your payment towards the Subscription Charges as specified herein
Upgrades and Downgrades
You may upgrade Your Account or downgrade between two Subscription Plans in accordance with the provisions below.
Upgrades
You may upgrade Your Account at any time during Your Subscription Term. When You upgrade the new Subscription Charges become immediately applicable and the new Subscription Charges for the subsisting month would be charged on a pro-rated basis and Your credit card/ payment method will be charged automatically. Subsequent months will be charged in full according to the new Subscription Charges.
Downgrades
If You subscribed to the Service(s) before the Effective Date, You may downgrade Your Account at any time during Your Subscription Term but before its renewal in accordance with Section 6.c above. However, if You choose to modify Your Subscription Term after the Effective Date, You will not be able to downgrade Your Account during Your renewed Subscription Term as provided herein earlier. You agree that all downgrades will be applicable only from the subsequent Subscription Term. If You plan to downgrade Your Account, please provide Us a notice by writing to at least three (3) business days prior to the expiry of Your current Subscription Term. You understand that downgrading Your Account may cause loss of content, features, or capacity of the Service(s). You agree that We will not be liable for any loss due to such downgrading of Your Account. You must ensure that You always opt for the Subscription Plan that suits Your business requirements.
Applicable Taxes
Unless otherwise stated, the Subscription Charges do not include any taxes, levies, duties or similar governmental assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively “Taxes”). You are responsible for paying the Taxes that would be levied against You by government authorities. We will invoice You for such Taxes if We believe We have a legal obligation to do so and You agree to pay such Taxes if so invoiced.
User Benefits
We may, at Our sole discretion, offer You certain benefits such as discounts on Subscription Charges, extension in Subscription Term for no extra payments from You, with regard to the Service(s). These benefits are specific to Your Account and the Service(s) identified while offering these benefits. They are not transferrable. The benefits may have an expiry date. If they do not have an expiry date, they will expire upon completion of twelve (12) months from their date of the offer.
TERM AND TERMINATION
These Terms shall remain in effect unless terminated in accordance with the terms here under.
PyjamaHR may terminate a User’s access to or use of the Services, or any portion thereof, immediately and at any point, at its sole discretion if the User violates or breaches any of its obligations, responsibilities, or covenants under these Terms.
Upon termination:
the Services will “time-out”;
the User shall not be eligible to avail any features of the Services; and
these Terms shall terminate, except for those clauses that expressly or are intended to survive termination or expiry.
Not withstanding anything to the contrary contained in the Terms, upon termination of a User’s access to or use of the Services, all amounts or outstanding monies due by you in relation to your use of or access to the Services shall become immediately payable.
DISCLAIMERS AND WARRANTIES
The use of the Services is at your sole risk.
PyjamaHR is not and will not be responsible for any claim or for any damages suffered that are related, directly or indirectly, to or arise out of the use of services.
To the extent permitted by applicable law, the Services are provided on an “as is” and “as available” basis. PyjamaHR does not warrant that operation of the Services will be uninterrupted or error free or that the functions contained in the Services will meet your requirements.
To the fullest extent permissible under applicable law, PyjamaHR expressly disclaims all warranties of any kind, express or implied, arising out of the Services, including warranties of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, title and non-infringement, compatibility, applicability, usability, appropriateness, and any warranty that may arise out of course of performance, course of dealing, or usage of trade.
You hereby accept full responsibility for any consequences that may arise from your use of the Services, and expressly agree and acknowledge that PyjamaHR shall have absolutely no liability with respect to the same.
To the fullest extent permissible by law, PyjamaHR, its affiliates, and its related parties each disclaim all liability to you for any loss or damage arising out of or due to:
your use of, inability to use, or availability or unavailability of the Services, including any Third Party Services;
the occurrence or existence of any defect, interruption, or delays in the operation or transmission of information to, from, or through the Services, communications failure, theft, destruction or unauthorised access to PyjamaHR’s records, programmes, services, server, or other infrastructure relating to the Services; or
the failure of the Services to remain operational for any period of time.
Notwithstanding anything to the contrary contained herein, neither PyjamaHR nor any of its affiliates or related parties shall have any liability to you or any third party for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under, directly or indirectly, or relating, in any manner whatsoever, to these Terms or the Services. To the maximum extent permitted by law, you agree to waive, release, discharge, and hold harmless PyjamaHR, its affiliated and subsidiary companies, its parent companies, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of the Services.
INDEMNITYYou shall indemnify, defend at PyjamaHR’s option, and hold PyjamaHR, its parent companies, subsidiaries, affiliates, and their officers, associates successors, assigns, licensors, employees, directors, agents, and representatives, harmless from and against any claim, demand, lawsuits, judicial proceeding, losses, liabilities, damages and costs (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) due to or arising out of your access to the Services, use of the Services, violation of these Terms or any infringement by any third party who may use your account with PyjamaHR, of these Terms.
CONSENT TO USE DATA
You agree that PyjamaHR may collect and use your company logo and description details to display on PyjamaHR and its associated platforms for marketing and promotion purposes.
You agree that PyjamaHR may in accordance with its Privacy Policy collect and use your information and technical data and related information.
PyjamaHR may use information and data pertaining to your use of the Services for analytics, trends’ identification, and purposes of statistics to further enhance the effectiveness and efficiency of the Platform.
Subject to applicable laws, PyjamaHR may be directed by law enforcement agencies or the government and related bodies to disclose data in relation to Users in connection with criminal proceedings. You understand and agree that in such instances, PyjamaHR shall have the right to share such data with relevant agencies or bodies.
MODIFICATION
PyjamaHR reserves the right at any time to add, modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without cause.
PyjamaHR shall not be liable for any such addition, modification, suspension or discontinuation of the Services.
JURISDICTION, GOVERNING LAWS, AND DISPUTE RESOLUTION
These Terms shall be governed by and construed and enforced in accordance with the laws of India. Subject to other provisions in this Clause, courts in Bangalore shall have exclusive jurisdiction over all issues arising out of these Terms or the use of the Services.
Any controversies, conflicts, disputes, or differences arising out of these Terms shall be resolved by arbitration in Bangalore in accordance with the Arbitration and Conciliation Act, 1996 for the time being in force, which is deemed to be incorporated by reference in this Clause. The tribunal shall consist of 1 (one) arbitrator appointed by PyjamaHR. The language of the arbitration shall be English.
The parties to the arbitration shall keep the arbitration confidential and not disclose to any person, other than on a need to basis or to legal advisors, unless required to do so by law. The decision of the arbitrator shall be final and binding on all the Parties hereto.
Each party to the arbitration shall bear its own costs with respect to any dispute.
MISCELLANEOUS PROVISIONS
Modification – PyjamaHR reserves the right at any time to modify these Terms and to add new or additional terms or conditions on use of the Services. Such modifications and additional terms and conditions will be communicated to you and, unless expressly rejected (in which these Terms shall terminate), will be effective immediately and will be incorporated into these Terms. In the event you refuse to accept such changes, these Terms will terminate.
Severability - If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue in effect. If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted).
Assignment - You shall not licence, sell, transfer or assign your rights, obligations, or covenants under these Terms in any manner without PyjamaHR’s prior written consent. PyjamaHR may grant or withhold this consent in its sole discretion and subject to any conditions it deems appropriate. PyjamaHR may assign its rights to any of its affiliates, subsidiaries, or parent companies, or to any successor in interest of any business associated with the Services without any prior notice to you.
Notices - All notices, requests, demands, and determinations for PyjamaHR under these Terms (other than routine operational communications) shall be sent to support@pyjamahr.com
Third Party Rights - No third party shall have any rights to enforce any terms contained herein.
