Last Updated : Jan. 4th, 2021
These terms and conditions (“Terms”) govern the use of or access to
(“Website”), the “PyjamaHR” mobile application (“App”), and the Services (defined below).
The Website and App are collectively referred to as the “Platform”.
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 FullThrottle Labs
(“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.
The 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”.
To 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
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.
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
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
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
TERM AND TERMINATION
These Terms shall remain in effect unless terminated in accordance with the terms here
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.
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
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
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.
You 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.
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.
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
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
Each party to the arbitration shall bear its own costs with respect to any dispute.
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
Third Party Rights - No third party shall have any rights to enforce any terms contained