INFORMATION ABOUT US
Interact.xobin.com ("Site") is a website operated by Xobin Technologies Pvt. Limited ("Xobin", "we", "our" or "us"), a company registered in India under company number 104827 whose registered address is at NO. 15105, 9th Floor , Prestige Bella Vista Block No. 22, Tower 15, Iyyappanthangal Chennai, Tamil Nadu India 600056.
These terms of service ("Terms of Service") together with the documents referred to herein, set out the terms upon which you may use the Service. Please read these Terms of Service and make sure you understand and agree to them before using the Service. If you have any questions relating to the Terms of Service please contact us at [email protected].
DEFINITIONS
"Account" means an account with us for use of our Service.
"Account Holder" means the organisation or individual(s) named as the client on the Sign-up Form or the Online Free Plan Form.
"Agreement" means the agreement between Xobin and you governed by these Terms of Service and the other documents referred to in these Terms of Service.
"Assessment" means the Test that enables Candidates to answer questions for a chance to get interviewed by you.
"Candidate Terms of Service" means the terms of service found on the Site which Candidates will be required to accept before using our Service.
"Candidate" means a person who accesses the Service to take a Test Session.
"Content" means all text, information, material, data, software, applications, database content, executable codes, images, audio or video material, including the metadata relating to any such content, in whatever medium or form provided by us, you, or the Candidates in the Site.
"Fees" means the amount payable by you to us in return for our Service(invites), in advance (as stated in the Sign-up Form).
"Initial Term" means the initial term of the Agreement set out in the Sign-up Form.
"Invite" means an invitation sent to a Candidate to take up the Assessment.
"Paid Plan" means the paid Service you subscribe for by submitting your details and making payment via the Site or by completing and signing the Sign-up Form (or both).
"Plan" means a Paid Plan or a Free Plan subject to these Terms of Service.
"Policies" means the following documents displayed on the Site: Privacy Policy ("Privacy Policy") and Candidate Terms of Service ("Candidate Terms of Service").
"Proctoring" means the monitoring of the Candidate while taking up an Assessment to test his/her honesty.
"Report" means a comprehensive overview of the performance of any candidate taking up and completing a Test Session. This includes various parameters including the possible honesty and a replay of the Candidate taking up the Assessment.
"Service" means the assessment service and the interviewing service made available by accessing the Site.
"Sign-up Form" means the sign-up form you complete when subscribing for a Paid Plan which, together with these Terms of Service, sets out the Plan, the Term, the Fees and the billing period, if applicable.
"Term" means the period of time made up of the Initial Term, or the period of time before the Invites are exhausted.
"Test Session" means an attempt made by a Candidate to solve an Assessment.
"You" means an Account Holder, their employees, agents or anyone authorised by us to use the Service.
YOUR AGREEMENT WITH US
By completing the Sign-up Form or the Online Trial Form and using the Service, or by using the Site for any purpose, you agree to these Terms of Service whether on your own behalf (where you are acting as an individual) or on behalf of the company, business or organisation you represent. We may revise the Terms of Service by amending them at any time. We will take reasonable steps to notify Account Holders of changes we make to these Terms of Service.
Subject to these Terms of Service we grant:
Account Holders a personal licence to use the Service and the features specified in the Plan to create and make Assessments available to their Candidates using the functionality available in the Service; and
Candidates a personal licence to access the Service to take an Assessment.
Your use of the Service does not prevent us from allowing others to use the Service.
THE SERVICE
The Account Holder is responsible for making all arrangements necessary in order for it, its employees, agents or anyone else authorised by us, including its Candidates, to have access to the Service and for procuring and maintaining its network connections in order to use the Service. Account Holders are responsible for ensuring that their Candidates have the details they need to use the Service. Account Holders agree that their Candidates must agree to the Policies before they take an Assessment.
We make every effort to keep the Service up and running smoothly, but at times the Service may be interrupted or temporarily unavailable due to issues beyond our control. We will not be liable to you if for any reason the Service is unavailable and we may suspend, withdraw, discontinue or change the Service without notice. We reserve the right to disable (some or all of) the functionalities of the Service for any Account at any time, without notice, without liability to third parties.
Though we strive to provide a fair and accurate Service, we give no representations, warranties, guarantees, whether express or implied, conditions or other terms in respect of the Service, its accuracy, completeness or its continuity and these are excluded from the Agreement to the fullest extent permitted by law. The Service is not intended to amount to advice on which you should rely and you use the Service at your own risk. You acknowledge that testing is a statistical process with inherent randomness and that the result of a particular Assessment may not accurately reflect the reality.
We will aim to notify you of any planned maintenance that might impact the availability of the Service and we will inform Account Holders of their Candidates' Test Sessions which have been affected by an unexpected system downtime.
If we discover a problem in one of the Assessments that may have affected the result of a Test Session, we will inform Account Holders whose Candidates took the affected Test Session(s) up to 1 month prior to the discovery of the problem.
We aim to provide appropriate technical support (during normal business hours) to all users of the Service.
The number of Invites available to you depends on the Plan you choose and the number of Invites you purchase on the Sign-up Form. Once your Invites have been used up, your right to grant Candidates access to the Service will be automatically suspended until purchase of additional Invites. We will notify you when you have reached your Invite limit and you will be given the option to purchase additional Invites or upgrade your Plan.
An Invite can only be used to assess one Candidate for a given Assessment.
DURATION
If you subscribe for a Paid Plan, the Agreement lasts while the Invites are non zero. After this duration, at the end of that period the Agreement will be terminated automatically unless:
you give us 30 days' notice of your intention to end the Agreement (in which case you will not be refunded any amount paid to us); or
it is otherwise terminated in accordance with these Terms of Service.
PRICE AND PAYMENT
The Account Holder is responsible for paying the relevant Fees. Fees are payable upfront (pre-paid) upon signing up to the Service (unless otherwise agreed by us in writing). We will then setup your account accordingly and credit the Invites within 24-48 hours.
All Fees are exclusive of Tax unless otherwise stated and, unless otherwise agreed in writing, we may vary the Fees upon giving you 30 days' notice.
For Tax purposes you must notify us if you are a non-Indian business using a Paid Plan Service in India.
ENDING THE AGREEMENT
Termination of this Agreement (however caused) shall be without prejudice to any rights or liabilities accrued at the date of termination and shall not affect the continuation after termination of any clause expressly stated or implicitly surviving termination.
At our complete discretion, we may either: bring this Agreement to an end; temporarily or permanently withdraw any rights you have to use the Service; issue a notice; or take legal action if you:
are in material or persistent breach of these Terms of Service;
fail to remedy a breach within 15 days of a notice requiring you to remedy that breach;
are insolvent, bankrupt, unable to pay your debts, enter into any agreement with your creditors, or enter into administration; or
are in breach of any applicable law.
You may bring this Agreement to an end at any time if we are insolvent (in which case you will not be refunded any amount paid to us)
On termination of this Agreement for any reason all licences granted by us under these Terms of Service shall immediately terminate and your right to access and use the Service will end.
If any provision within these Terms of Service is judged to be illegal or unenforceable, the remaining provisions will be unaffected.
On termination of this Agreement for any reason clauses 6 (Price and Payment), 9 (Restrictions), 10 (Confidentiality), 11 (Limitation of Liability) and 12 (Your Responsibilities) shall continue in force.
ACCOUNT SECURITY
You are responsible for safeguarding any password given to you to access the Service and you must prevent any unauthorised use of these details. You agree not to disclose your password to any other person (other than to your employees or agents or users of the Service) and if you believe an unauthorised person has access to the Service You must notify us as soon as possible by e-mail to [email protected].
RESTRICTIONS
You must not sell, transfer or sub-licence your access to the Service. You will not, and will not allow anyone else to:
attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit or distribute all or any portion of the Service, as applicable, in any form of media or by any means;
use any robot, spider, site search or retrieval application, or any other device to copy, retrieve, archive or index any portion of the Site that requires authentication or is disabled by specification given in http://Xobin.com/robots.txt;
attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Service; or
access all or any part of the Service in order to build a product or service which competes with our Service or use or attempt to use the Service to directly compete with us.
CONFIDENTIALITY
Any Task, statement or information on the Site (including Tests Sessions and Assessment results) is confidential information. You agree not to:
disclose, publish or reproduce (including posting on any webpage or blog) such information; or
disclose to others details of a recruitment Task, ongoing Assessment or ongoing Interviews (including details relating to its completion).
LIMITATION OF LIABILITY
Nothing in these Terms of Service excludes or limits any liability that cannot be excluded or limited by Jurisdiction of Tamil Nadu law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content on it, whether express or implied.
We will not be liable 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: use of, or inability to use the Service. Please note that we will not be liable for: loss of profits, sales, business or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage. We do not guarantee that the Site will be secure or free from bugs or viruses and we will not be liable for any loss or damage caused by a virus or other harmful material. You should use your own virus protection software.
Xobin's liability under this Agreement is limited to the fees paid (if any) by you for the usage of the Service for the validity of the Invites immediately before the event giving rise to the claim.
YOUR RESPONSIBILITIES
You must comply with all applicable laws relating to use of the Service and these Terms of Service. You are responsible for any actions and omissions relating to the use of the Service by you and your Candidates.
You must obtain and maintain all necessary licences, consents and permissions necessary for us to perform our obligations under these Terms of Service (for example software licences, data protection permissions).
You are responsible for procuring and maintaining your network connections in order to access the Service and ensuring that your network and systems* comply with the relevant specifications provided by us from time to time.
The Account Holder shall indemnify and defend us and our agents and contractors from and against any and all losses, damages, claims, liabilities or expenses (including reasonable lawyer's fees) arising out of a claim brought by a third party relating to their use of the Service or their Candidate's use of the Service (except to the extent caused by our gross negligence) including any employment decisions, financial business, and commercial judgements, and acts or omissions it makes based on its use of the Service. The Account Holder agrees to cooperate fully with us and join us in defending any such claim or action.
ACCEPTABLE USE
You must ensure that the Service is not used to distribute in any way content that may:
contain any material which is defamatory, offensive, obscene, threatening, hateful, inflammatory or illegal;
permit anyone else to use the Service to infringe any copyright, database right or trademark, deceive or harass any person, or promote any illegal activity; or
be used to impersonate any person, misrepresent identity, or give the impression that they emanate from Xobin, if this is not the case.
We shall have the right to remove any such content from the Site.
You must not use the Service in any way that could damage, disable or impair the Service.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or licensee of all intellectual property rights ("IP Rights") in the Service and in any material written or published on it. All such rights are reserved.
You must not use any content on the Site for any purpose not permitted by these Terms of Service and you must not copy, modify, re-format, frame, resell or abuse any part of the Service.
You agree to transfer to us all IP Rights in any content (including test cases and source code) you enter into the Service and you are responsible for any claims that arise due to the fact that you use the Service insofar as the claim relates to the Service (or any part of it) infringing any proprietary right (for example copyright). You are responsible for ensuring that you have the rights or permissions needed to comply with these Terms of Service.
Any code entered into the Service by you may be stored and used by us in any way for the purpose of assessment, anti-cheating measures, demonstrating to third parties, and analysis.
DATA PROTECTION
We will hold any data provided by you in accordance with our Privacy Policy.
The Account Holder is responsible at all times for ensuring the accuracy and legality of any data or content in the Service relating to it or its users.
We will not be liable for the deletion, correction, alteration, destruction, damage, loss, disclosure or failure to store any data using the Service.
The Account Holder must ensure that all relevant parties have been informed of, and have consented to, any personal data being held and processed by us in accordance with our Privacy Policy on behalf of the Account Holder. The Account Holder must notify us promptly if any information it has provided to us (including contact information) changes. We may process any personal data entered on the Service by you.
You grant Xobin a perpetual, royalty-free, worldwide and irrevocable licence to use any Content provided by you in the Site for the purpose of using the Service to provide Tests Sessions to Candidates, process the Test Sessions and display the results of the Test Session(s) on the Account Holder's dashboard in the Service.
You may not use the Service for any illegal or unauthorised purpose. You are solely responsible for your conduct and any data that you or your Candidates deposit on the Site. In particular, if you choose to use the Service to store Candidates' personal information and if you or your Candidates are located in a jurisdiction that requires Candidates' consent to store their personal information, you shall obtain the Candidates' consent before the Candidate is sent an invitation to take a Test Session.
We may disclose such information to law enforcement authorities as we reasonably feel is necessary.
FEEDBACK
We welcome feedback from you. You agree that any feedback you give to us about the Service belongs to us. We may use (and allow others to use) feedback without restriction.
ADVERTISING
You permit us, for marketing purposes, to advertise the fact that you use Xobin's Service. We may use your name, logo and trade marks in our publicity or marketing materials and you grant us all rights necessary to do this. You may withdraw this permission at any time by e-mailing a withdrawal request to [email protected]
NOTICES
You must give all notices under these Terms of Service to us at [email protected]. We may give notice to you at an e-mail or postal address you provide to us or in any other way we deem appropriate. Notice will be deemed served and received immediately (i) when posted on the Service; (ii) 24 hours after an e-mail is sent; or (iii) three days after posting a letter.
RESTRICTION ON TRANSFER
You may not (without our prior written consent) transfer, assign or deal in any other way with this Agreement or your rights or obligations under it.
WAIVER
The failure of us to enforce any provision of these Terms of Service shall not be deemed a waiver of such provision nor the right to enforce such provision. Furthermore, any waiver of any provision of these Terms of Service by any party will be effective only if in writing and signed by a party.
LAW, JURISDICTION AND THIRD PARTY RIGHTS
These Terms of Service are governed by and construed in accordance with Jurisdiction of Tamil Nadu Court and each party submits to the exclusive jurisdiction of the Tamil Nadu Court.
If the TamiL Nadu Court deems a provision of these Terms of Service to be unenforceable the remaining provisions shall remain in force.
A person who is not party to this Agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.