4. PROSCULPT’S RESPONSIBILITY AND ITS LIABILITY

4.1 ProSculpt agrees to provide the service to the user or employer or applicant only for the duration and the number of vacancies contracted for, to the best of its ability and ProSculpt shall in no way be held liable for any information received by the subscriber and it shall be the sole responsibility of the subscriber to check, authenticate and verify the information/response received at its own cost and expense.

4.2 ProSculpt will make its best efforts to use the parameters provided by the user to shortlist, but takes no responsibility for the accuracy of the shortlisting based on the parameters for selection as specified by the user.

4.3 ProSculpt would not be held liable for any loss of data technical or otherwise, information, or particulars provided by the user due to reasons beyond its control like corruption of data or delay or failure to perform as a result of any causes or conditions that are beyond ProSculpt reasonable control including but not limited to strike, riots, civil unrest, Govt. policies, tampering of data by unauthorized persons like hackers, war and natural calamities.

4.4 ProSculpt will commence providing services only upon receipt of the amount/charges upfront either from the user or from a third party on behalf of the user.

4.5 The User of these services does not claim any copyright or other Intellectual Property Right over the data uploaded by him/her on the website.

4.6 It is the responsibility of the user to verify the correctness and authenticity of the claims made by recruiters. We merely act as facilitators and do not as agents for any recruiter.

4.7 Payments to recruiters are not advised and shall be at your own risk.

4.8 All disputes arising out of the transactions between a user and ProSculpt will be resolved in accordance with the laws of India as applicable.

5. PROSCULPT DOES NOT ALLOW

5.1 Modeling Jobs/Internships.

5.2 Any Job where there is a possibility of an Applicant consuming alcohol or smoking or inducing others to do so, as the majority of our users are underage.

5.3 Individuals or organizations promoting explicit religious content, a particular religious personality or a sect, etc. are not allowed to post Jobs on ProSculpt.

5.4 Businesses promoting or dealing in gambling, porn, and other prohibited/illegal/age-inappropriate activities.

5.5 Third-party Job posting. You can post Jobs only for the organization that you directly work for. Recruiting agencies or any third-party agencies are authorized to post Jobs on their clients’ behalf only after sharing the client’s confirmation via email/authorization letters.

5.6 Any Job where there is a possibility of an Applicant promoting betting or activities not suitable for people under 18 years of age such as Rummy, Poker, etc.

5.7 Employers to offer varied profiles to applicants.

5.8 Organizations to ask applicants to open Demat accounts (e.g. for Finance internships) or to assign any pre-selection assessment which involves opening a Demat account.

5.9 Organizations to entrust applicants with the task of opening bank accounts on behalf of the Organization.

6. PROHIBITIONS FOR DATA USAGE

6.1 Employers can use the user data that you receive for your Job solely for the purpose of hiring. Any attempt to send any other communication (promotional content for example) to the user or any other usage of the data is strictly prohibited.

6.2 Employers are strictly prohibited from transferring/selling/sharing User’s data, for free or for a fee, to any other entity. Any such attempt would result in your account on ProSculpt being permanently blocked and would be liable for legal action against you and your organization.

7. ACTIVATION

Due to a high incidence of credit card fraud, your ProSculpt services purchased online using a credit card may not be activated without proper verification.

8. USER RESTRICTION

8.1 User hereby expressly agree not to:

8.1.1 Use of the services of ProSculpt in a manner contrary to any law which might be applicable at the relevant time.

8.1.2 Access data not intended for the user or log into server or account that users are not authorized to access

8.1.3 Attempt to probe, scan or test the vulnerability of a system or network

8.1.4 Attempt or breach security or authentication measures without proper authorization

8.1.5 Copy, distribute, download, display, perform, reproduce, modify, edit, alter, enhance, broadcast or tamper with in any way or otherwise use any material contained in the platform except as permitted;

8.1.6 Copy and distribute the information on any other server, or modify or re-use information, text, graphics, sound, etc. on this Website to any other system. No reproduction of any part of the Website may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or Website, whether in hard copy or electronic format, including postings to any other Website; or

8.1.7 Remove any copyright, trade mark or other intellectual property notices contained in the original material from any material copied or printed off from the platform, without our express written consent.

8.1.8 Upload, post, email, transmit or otherwise make available either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail.

8.1.9 Posting/uploading of offensive material on the platform is strictly prohibited.

8.1.10 Users shall under no circumstance sublicense, assign, or transfer the License, and any attempt at such sublicense, assignment or transfer is void.

8.1.11 Post Wrong/false/misleading information on ProSculpt

8.1.12 Users shall not upload, post, transmit, update or share, any information that:

8.1.12.1 belongs to another person and to which the user does not have any right to;

8.1.12.2 is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

8.1.12.3 harm minors in any way;

8.1.12.4 infringes any patent, trademark, copyright or other proprietary rights;

8.1.12.5 violates any law for the time being in force;

8.1.12.6 deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

8.1.12.7 impersonate another person;

8.1.12.8 contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

8.1.12.9 threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

9. AMENDMENTS

9.1 ProSculpt may amend/modify these Terms and Conditions at any time, and such modifications shall be effective immediately upon posting of the modified Terms and Conditions on the platform. Users may review the modified Terms and Conditions periodically to be aware of such modifications and your continued access or use of the website, shall be deemed conclusive proof of your acceptance of these Terms and Conditions, as amended/modified from time to time. ProSculpt may also suspend the operation of the platform for support or technical upgradation, or maintenance work, in order to update the content or for any other reason.

9.2 In the case of the use of the platform in a manner inconsistent with these Terms and Conditions, ProSculpt may terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse may be deemed to be fit and proper.

10. DISCLAIMER AND WARRANTIES

10.1 The content of the platform is provided “as is” and on an “as available” basis, without warranties or representations of any kind, either express or implied.

10.2 ProSculpt gives no guarantees of server uptime or applications working properly. All is on a best effort basis and liability is limited to refund of the amount only. ProSculpt reserves its right to amend/alter or change all or any disclaimers or terms of agreements at any time without any prior notice.

10.3 ProSculpt and any third party providing materials, services or content to this website, disclaim all warranties, express or implied, statutory or otherwise including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement of third party rights, completeness or accuracy of the information, update or correctness of the information, freedom from computer viruses, other violation of rights regarding services, products, material and contents of the platform.

10.4 It is solely the user’s responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Website. ProSculpt does not warrant that the access to the platform will be uninterrupted or error-free or that defects in Website will be corrected.

10.5 This platform is controlled and operated from India and ProSculpt makes no representation that the materials are appropriate or will be available for use in other parts of the World. If the user uses this Website from outside India, the user should be entirely responsible for compliance with all applicable local laws as well as international conventions and treaties.

11. LIMITATION OF LIABILITY

11.1 ProSculpt will not be liable for any damages of any kind arising out of or relating to the use or the inability to use this Website, its content or links, including but not limited to damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, computer virus, line failure and all other direct, indirect, special, incidental, punitive, loss of profit, exemplary or consequential damages whether based on warranty, contract, tort or any other legal theory including Force Majeure, and whether or not, such organizations or entities were intimated or advised of the possibility of such damages.

11.2 ProSculpt assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorised access to or alteration of Customer’s data/information. ProSculpt shall not be responsible for any problem or technical malfunction on-line-systems, servers or providers, computer equipment, software, failure of e-mail or players on account of a technical problem or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to any customer and/or Members or to any other person’s computer related to or resulting from participating or downloading materials/information from the website.

11.3 Unless otherwise specified and notwithstanding anything contained in any other agreement or arrangement, by whatever name called, the performance obligation of ProSculpt (service provider) is to provide access to its on-line portal to the customer for the duration of the subscription period & reference to any usage, by whatever name called or any other performance obligation, if any, is to provide the upper limit for consumption, which by itself, does not create any additional performance obligation upon ProSculpt.

12. RIGHTS TO WEBSITE AND CONTENTS THEREOF

This platform is owned and operated by Ma Foi. All the content featured or displayed on this Site, including, but not limited to, text, graphics, data, images (photographic and moving), illustrations, software and selection and arrangement thereof (“Content”), is owned by Ma Foi. All elements of this Site, including, but not limited to, the general design and the Content thereof, are protected by copyright, moral rights, trademark and other laws related to the protection of intellectual property rights. Except for, as explicitly permitted under this, or other written license or agreement with Ma Foi, no portion or element of this Site or its content may be copied or retransmitted via any means. All related rights shall remain the exclusive property of Ma Foi, its licensors or its third-party partners.

13. USAGE OF THE WEBSITE

Users may not use the Site or the content for any purpose, which is not related to your business with ProSculpt. Any use of the Content, this Site or any of its functionality for a purpose not permitted by these Terms is grounds for the immediate revocation of any usernames, pass codes or other permissions that may have been granted by ProSculpt for use of this Site. Users are specifically prohibited from (i) downloading, copying, or retransmitting any or all of the Site or the Content without, or in violation of, a written license or agreement with ProSculpt; (ii) using any data mining or similar data gathering or extraction methods; (iii) manipulating or otherwise displaying the site or the content by using, framing or similar navigational technology; (iv) registering, subscribing, unsubscribing, or attempting to register, subscribe any party for any the site if you are not expressly authorized by such party to do so; and (v) using the Site or Content other than for its intended purpose. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes. You represent and warrant that you will comply with all applicable regulations, including, without limitation, those relating to the internet, data, e-mail, privacy and the transmission of technical data exported from India or the Country in which you reside.

14. INDEMNIFICATION

Submissions and unauthorized use of any information(s)/materials contained on the platform may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations thereto and other applicable laws, statutes and its rules and regulations. The user alone is responsible for your actions or the actions of any person using your username and/or password.

You agree to defend, indemnify, and hold harmless, ProSculpt and/ or its associates, subsidiaries, their officers, directors, employees, affiliates, licensees, business partners and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the material of the platform or your breach of these Terms and Conditions.

15. TERMINATION

Notwithstanding any of these platform’s Terms, ProSculpt reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your use of the Site.

16. GOVERNING LAW AND JURISDICTION

16.1 By accessing the Website you agree that the laws prevailing in India shall be the governing laws in all matters relating to the platform as well as these Terms and Conditions.

16.2 Courts at Chennai, India alone shall have exclusive jurisdiction in all matters relating to the platform and these Terms and Conditions, irrespective of the territory and jurisdiction of your access to the platform.

16.3 ProSculpt reserves its rights to monitor all postings to the platform. However, if ProSculpt becomes aware of inappropriate use of the platform or any of its Services, ProSculpt will respond in any way that, in its sole discretion.

16.4 ProSculpt deems it appropriate. You acknowledge that ProSculpt will have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any information it receives of such illegal conduct. When requested, ProSculpt will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.

17. VIOLATIONS

Please report any violations of these Terms and Conditions to ProSculpt at support@prosculpt.co