WITH EFFECT FROM AUGUST 01, 2023
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY ALL OF THE BELOW TERMS AND CONDITIONS.
1.1. This Website/ Application under the name and style “Fusion Hiring” (“Website”, “Application”) is owned and operated and made available by Curioso Technologies Private Limited, with its registered office at Tower 1 No 814, Hara Vijaya Heights, Off Kanakpura Road, Thalaghattapura, Bengaluru, Bengaluru Urban, Karnataka, 560109 and includes any of our affiliates, associates, assignees or successors-in-interest as determined by us at our sole discretion and without requiring any prior notice or intimation to You (“Company”, “we” or “us” or “our”).
1.2. Please read these Terms and Conditions, along with the Privacy Policy available at https://www.fusionhiring.com/fh-privacy-policy.html (“Privacy Policy”), and all other rules and policies made available or published on Website as they shall govern Your use of the Website and the services provided thereunder.
1.3. Any user or Company are hereinafter referred to as “You” or “Your”. Any benefit derived from this Website by You shall be derived by You and your applicants and your external associations with vendors or RPOs.
1.4. By using or visiting the Application/ Website, You signify Your agreement to these Terms and Conditions, the Privacy Policy.
1.5. These Terms and Conditions are an electronic record as per the Information Technology Act, 2000 (as amended / re-enacted) and rules thereunder (“IT Act") and is published in accordance with the provisions of Rule 3 (1) of the of the Information Technology (Intermediaries Guidelines) Rules, 2011, which mandates for publishing of rules and regulations, privacy policy and terms and conditions for access or usage of any application or website. This electronic record is generated by a computer system.
2.1. Fusion Hiring is an AI-based HR ATS Website/ Application for the companies. Fusion Hiring provides various features to the Company (“Services”) such as, Job Post, CV Screening and Rank, Interview Management System, Recommendations, Talent Resurrection, Analytics and Reports.
2.2. This Application is a platform through which You can obtain information about us, our Services. You may use the Website to subscribe for the Services.
2.3. There are currently features available in Fusion Hiring Website/ Application, from User registration until Pre-offer release through Job Post, CV screening and rank, recommendations, interview scheduling system and reporting. Depending upon the features selected by You, we grant You access to the feature’s access. Upon availing of the Services, we grant You a limited, non-transferable, non-exclusive, and revocable license to access, view and use the Website, the Services and the features for non-commercial use only and for your internal HR and recruitment purposes only. You shall not sublicense, resell, distribute, or exploit Fusion Hiring application or any of its components without our prior written consent. Any rights not expressly granted to You herein are reserved by the Company.
By downloading and/or by registering or signing up for these Services, or otherwise having access to, receiving, and/or using the Website, You acknowledge to have read, understood and consented to be governed and bound by these Terms and Conditions and the Privacy Policy. If You do not accept or agree to any part of these Terms and Conditions or the Privacy Policy, Your usage of the Services will be terminated.
4.1. Subject to these Terms and Conditions, we may offer to provide the Services, and which are selected by You, and not for the use or benefit of any third party.
4.2. You agree not to access any content of Website through any technology or means other than the means made available by us. If there is any particular content You wish to procure from the Website pertaining to any Service, You may place a request with us to access such content.
4.3. You agree not to circumvent, disable, or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any restricted information.
5.1. In order to use and avail the Services, You are required to register with us by providing personal information relating to You, and covenant that You shall provide us with accurate, correct and complete registration information including but not limited to, (i) Your name, (ii) Your e-mail ID, (v) Your contact details. You shall ensure that the requisite information provided by You to us for the Services, is absolutely true, up-to-date and correct and nothing material has been concealed, and that You agree to maintain the accuracy of such information. We will not be liable for any incident occurring due to incorrect or insufficient information provided by You.
5.2. Please note that You must be at least 18 years old to register on the Website.
5.3. You acknowledge that Your user ID and password for the Website ("Login Details") is for Your exclusive use only. Use or sharing of Your Login Details with another user or person is not permitted and is cause for immediate blocking of Your access to the Website, the Services and the content provided by us.
5.4. You are solely responsible for maintaining the confidentiality of Your Login Details and for all activities that occur under it. You agree to immediately notify us if You become aware of or have reason to believe that there is any unauthorized use of Your Login Details. You also agree to take all reasonable steps to stop such unauthorized use and to cooperate with us in any investigation of such unauthorized uses. We shall not under any circumstances be held liable for any claims related to the use or misuse of Your Details due to the activities of any third party outside of our control or due to Your failure to maintain the confidentiality and security of Your Login Details.
5.5. You must comply with the applicable laws, regulations, and industry standards when using Fusion Hiring ATS. It is your responsibility to ensure that your use of the Fusion Hiring ATS complies with any contractual obligations, privacy right, or legal restrictions pertaining to your organization and applicants.
5.6. Registration as a user is only a one-time process and if You have been previously registered, You shall login / sign into Your account using the existing Login Details.
5.7. Notwithstanding anything contained herein, You shall not:
5.7.1 provide any false personal information to us (including a false/fraudulent Login Details) or create any account for anyone other than Yourself without such person's explicit permission;
5.7.2 use the Login Details that is the name of another person with the intent to impersonate that person;
5.7.3 use the Login Details that is subject to any rights of a person other than You without appropriate authorization; or
5.7.4 use/generate the Login Details that may be, in our sole opinion, offensive, vulgar, obscene or otherwise unlawful.
5.8. The subscription of the Services is not transferable, i.e., only the person on whose name the subscription is made will be eligible to avail the Services.
6.1. The Services will be provided on a best-efforts basis. We will make reasonable efforts and shall endeavor that You are able to use the Services without undue disruption, interruption or delay.
6.2. Once You create an account on the Website, You may receive updates, promotional materials and other information we may send with regards to the Service, or new services we may offer. You hereby consent to receiving all such commercial communications from us. You may opt out of receiving any, or all, of these commercial communications from us by raising a support request as provided for on the Website or following the instructions provided in any email and/or text we send.
6.3. When You avail the Services, You agree that You are involved in the transmission of sensitive and personal information. You agree and consent to us collecting, using, storing and processing the above stated information, in accordance with the Privacy Policy.
7.1. All intellectual property rights related to the Fusion Hiring ATS application, including software, content, and any associated documentation, are owned or licensed by us. You may not copy, modify, distribute, or reverse engineer any part of the application without our express written consent.
8.1. We are committed to protecting the privacy and security of your company and applicant data. Please refer to our Privacy Policy for details on how we collect, use, and safeguard information. You retain ownership of the data you upload or input into the Fusion Hiring. By using Fusion Hiring ATS, you grant us a limited license to process and store this data for the purpose of providing the ATS services. As a user/ company using our Fusion Hiring ATS, you must comply with all applicable data protection laws and regulations in your jurisdiction. You agree to use candidate data collected through the application solely for legitimate recruitment and hiring purposes.
9.1. Fusion Hiring, our AI-based HR ATS may use algorithms to analyze candidate data and provide insights or recommendations. You acknowledge that the ultimate hiring decisions remain the responsibility of your organization, and we are not liable for any outcomes resulting from the use of our AI-based recommendations.
10.1. While we strive to provide accurate and reliable information, we do not guarantee the correctness, completeness, or timeliness of the data presented in Fusion Hiring ATS. You acknowledge that any reliance on the information provided by Fusion Hiring is at your own risk.
11.1. We will retain your company and applicant data as long as necessary to fulfill the purposes of the ATS. Upon termination of your account, we will delete or anonymize your data, subject to our legal obligations and legitimate business interests.
12.1. You are solely responsible for the accuracy and legality of the job postings and content provided through the application. You agree not to post any unlawful, discriminatory, or offensive content that may violate the rights of others.
14.1. As a condition of use, You covenant not to use the Service for any purpose that is prohibited by these Terms and Conditions and by the applicable laws of India in force. You are responsible for all of Your activity in connection with the Service.
14.2. By way of examples, and not as a limitation, You shall not take any action that:
14.2.1 infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty or obligations of confidentiality;
14.2.2 You know is false, misleading, untruthful or inaccurate;
14.2.3 is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, promotes bigotry, discrimination or violence, or is otherwise inappropriate as solely determined by us in its sole discretion;
14.2.4 constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
14.2.5 involves sharing any link or data that contains software viruses or any other computer codes, files, worms, logic bombs or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any of our system, data, password or other information or any third party;
14.2.6 impersonates any person or entity, including any of our employee or representative;
14.2.7 includes anyone's identification documents or sensitive financial information; or
14.2.8 breaches the Privacy Policy and/or any of the other policies and rules incorporated herein.
14.3. You shall not (directly or indirectly):
14.3.1 interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;
14.3.2 bypass any measures we may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service);
14.3.3 modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Service or the Curriculum, except as expressly authorized by us;
14.3.4 decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any hardware, or source code or underlying ideas or algorithms of any part of the Service (including without limitation any application or widget), except to the limited extent applicable laws specifically prohibit such restriction;
14.3.5 copy, rent, lease, distribute, or otherwise transfer any of the rights that You receive hereunder;
14.3.6 delete or modify any content of the Services, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that You do not own or have express permission to modify;
14.3.7 use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms and Conditions, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into any Services or any operating system;
14.3.8 not make false or malicious statements against the Services or us; or
14.3.9 otherwise take any action in violation of our guidelines and policies.
14.4. By using the Services, You represent and warrant that You accept these Terms and Conditions.
14.5. We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms and Conditions, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect our rights, property or safety, our users/ subscribers and the public.
15.1. You shall not publish or undertake to publish any User Content which may contains any of the following:
14.5.1 Offensive Content: Any User Content that is or has the tendency to be unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity or profane language, or sexual activity and any explicit content with an intent to be sexually gratifying, promotes bigotry, discrimination or violence against any race, religion, caste, belief, ethnicity sexual orientation or behaviour, gender, disability, health condition, criminal record, political bias, creed or country, or is otherwise inappropriate as determined by us in our sole discretion. The Content/ User Submission should also be compliant with The Information Technology Act, 2000;
14.5.2 Infringes Third Party Intellectual Property Rights: Any User Content that infringes or has the tendency or threatens to infringe any intellectual property rights including but not limited to patent, trademark, trade secret, copyright, design, geographical indication, right of publicity, privacy rights and/or any other rights of any third person or any entity without any license or permission of such party;
14.5.3 Fraudulent Information: Any User Content that You know or have had knowledge of, to be fraudulent, false, misleading, untruthful or inaccurate;
14.5.4 Impersonates a third party: Any User Content that impersonates any third person or an entity, including any of ours or our affiliate’s employees or representatives or personnel;
14.5.5 Compromises Cyber Safety: Any User Content that contain, including but not limited to, any software viruses or computer codes, files, worms, logic bombs or programs that are designed and/or intended to disrupt, disable, damage, limit or interfere with the proper functioning of our Services or any software, hardware, or telecommunications equipment or to damage or to obtain unauthorized access to any system, data, password or any of our other information;
14.5.6 Third Party Sensitive Personal Information: Any User Content that includes or has the tendency to include any third party sensitive personal information, as defined under the applicable laws, without the prior express consent of such concerned third party;
14.5.7 Breaches Our Privacy Policy: Any User Content that breaches or has the tendency to breach the terms of our Privacy Policy.
15.2. We will not be held responsible or liable for any of the User Content provided by You on Website.
We are not liable for any damages, losses, or expenses arising from your use of the Application or its unavailability. We shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from or in connection with your use of Fusion hiring Application. To the extent permitted by law, You agree to indemnify the Company, its officers, directors and employees from and against any losses, damages, costs, expenses and claims arising out of (i) Your use of the Services; (ii) any breach of these Terms and Conditions by You; (iii) misuse of the application (iv) violation of any applicable law by You.
We may terminate Your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and deletion of all information associated with Your membership or Your subscription. If You wish to terminate Your account, You may do so by initiating a support request as provided for on the Website. All provisions of these Terms and Conditions which by their nature survive termination shall survive termination, including, without limitation, intellectual property ownership provisions (Clause 7), warranty disclaimers (Clause 18), indemnity (Clause 16) and limitations of liability (Clause 18).
18.1. You understand and acknowledge that Your subscription or use of the Services does not in any way guarantee the achievement of any specified percentage of marks in any examinations or passing of any exams.
18.2. In no event shall we be liable for any direct, indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, data or data use, incurred by You, whether in an action in contract or tort, arising from Your access to, or use of, the Website or any content provided on or through the Website.
18.3. Our liability for any and all claims in the aggregate, arising out of or related to Your use of the Website, shall not under any circumstances exceed the amounts actually paid by You to us towards our Services.
18.4. We strive to maintain high availability of the Fusion Hiring Application but cannot guarantee uninterrupted service due to factors beyond our control.
18.5. We may perform scheduled maintenance and updates on the Fusion Hiring Application, which may result in temporary unavailability. We will make reasonable efforts to notify you of any planned downtime.
18.6. We do not warrant that the operation of the Service will be uninterrupted or error-free. We will not be liable in any amount for failure to perform any obligation under these Terms, if such failure is caused by the occurrence of any unforeseen contingency beyond our reasonable control including but not limited to internet outages, communications outages, fire, flood, war, pandemics or acts of God.
18.7. Further, we will not be liable or responsible for:
18.10.1 any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions or any financial loss that is caused due to the use of the Services;
18.10.2 the Services not meeting Your individual requirements or the Services containing defects or errors or deficiencies, as the Services has not been developed specifically for You. It is Your responsibility to ensure that You use and utilize the Services if the facilities and functions of the Services meet Your requirements;
18.10.3 any loss or damage caused by a distributed denial-of-service, viruses attack, or other technologically harmful material that may infect Your device, data or other proprietary material due to Your use of the Services.
18.10.4 additionally, by utilizing the Services, You understand, acknowledge and agree that internet transmissions are never completely private or secure and that any message or information You send using our Services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
19.1. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
19.2. These Terms and Conditions shall be governed by and construed in accordance with the laws of India. For all purposes of these Terms and Conditions, the Parties’ consent to exclusive jurisdiction of courts located in Bangalore, India. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including without limitation, this section.
If any provision of these Terms and Conditions is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms and Conditions will otherwise remain in full force and effect and enforceable. The failure of either party to exercise, in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms and Conditions to be binding, we must provide You with written notice of such waiver through one of our authorized representatives.
We reserve the right, at our sole discretion, to modify or replace any of these Terms and Conditions, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) or its usage at any time by posting a notice or by sending You notice through our Service or via email/contact details provided as Login Details. We may also impose limits on certain features and services or restrict Your access to parts or all of the Services without notice or liability. It is Your responsibility to check these Terms and Conditions periodically for changes. Your continued subscription and use of the Services following the posting of any changes to these Terms and Conditions shall constitute as an acceptance of those changes.
22.1. We retain the unfettered right to display any advertisements on the Website. Further, the Website may include links to third party advertisements and other websites / applications, whose terms and privacy practices may differ from those of ours. You are advised to use Your discretion while visiting such websites/applications or while providing any personal information on such websites/ applications, or while purchasing of any products or services on such websites/applications.
22.2. The inclusion of a link does not imply any endorsement by us of such third-party website, the website’s provider, the information on the third-party website, or the quality of products or services provided on such websites. You hereby agree and acknowledge that any access of such websites / applications shall be at your sole risk, and we shall not be liable for any losses sustained by You in this regard.
22.3. If You access or submit personal information to any of those websites, such access and information will be governed by the terms of use and privacy policies of such third-party websites and we disclaim all responsibility or liability with respect to the terms and policies of such websites. You are hereby advised to carefully read the terms and privacy policy of any website that you may visit.
23.1. Unless otherwise specified in these Term and Conditions, all notices hereunder will be in writing and will be deemed to have been duly given when received or when receipt is electronically confirmed, if transmitted by or e-mail.
23.2. In respect of these Terms and Conditions and Your use of these Services, nothing in these Terms and Conditions shall be deemed to grant any rights or benefits to any person, other than us and You, or entitle any third party to enforce any provision hereof, and it is agreed that we do not intend that any provision of these Terms and Conditions should be enforceable by a third party as per any applicable law.
24.1. Should You have questions about these Terms and Conditions or information collection, use and disclosure practices in relation to the Services, You may contact our Grievance Officer at:
Sonia Uppal,
Grievance Officer
Email: sonia.uppal@curiosobyte.com
24.2. The Grievance Officer shall redress Your grievances expeditiously. Except where required by law, we cannot ensure a response to questions or comments regarding topics unrelated to the terms of these Terms and Conditions or the Privacy Policy.