These Terms are binding on any use of our Interview Diagnostic Service and apply to You from the time that Interview Diagnostic provides You with access to the Service.
means a specific online Diagnostic / survey created by an User / Invited Respondent via the Website.
includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Service but does not include information which is, or becomes, publicly available other than through unauthorized disclosure by the other party.
means any data submitted by You or with Your authority into the Website.
"Intellectual Property Right"
means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.
means someone with use of a specific Diagnostic or Organization as granted by an User.
means the online services made available (as may be changed or updated from time to time by Interview Diagnostic ) via the Website.
means Interview Diagnostic, which is a product of NuVeda Learning Pvt. Ltd., which is a Private Limited company based in Chennai, India. However, for simplicity on this Website, when we refer to Interview Diagnostic we mean both Interview Diagnostic, the online tool for first job interview feedback, and NuVeda Learning Private Limited, the company.
means the Internet site at the domain www.nuvedalearning.com or any of its sub-domains.
means the User, and where the context permits, an Invited Respondent. "Your" has a corresponding meaning.
2. USE OF Interview DIAGNOSTIC
Interview Diagnostic grants You the right to access and use the Service via the Website, and as defined by the workflow on the website according to the number of candidate reports you have purchased. This right is non-exclusive, non-transferable, and limited by and subject to this Agreement. You acknowledge and agree that, subject to any applicable written agreement between the User and the Invited Respondents, or any other applicable laws:
3. YOUR OBLIGATIONS
a. General obligations
You must only use the Service and Website for Your own lawful organisational or personal purposes, in accordance with these Terms and any notice sent by Interview Diagnostic or condition posted on the Website. You may use the Service and Website on behalf of others or in order to provide services to others but if You do so you must ensure that You are authorized to do so and that all persons for whom or to whom services are provided comply with and accept all terms of this Agreement that apply to You.
b. Access conditions
You must ensure that all usernames and passwords, if any, that may or may not be required to access the Service are kept secure and confidential. You must immediately notify Interview Diagnostic of any unauthorized use of Your passwords or any other breach of security and Interview Diagnostic will take remedial actions and You must take all other actions that Interview Diagnostic reasonably deems necessary to maintain or enhance the security of Interview Diagnostic 's computing systems and networks and Your access to the Services. As a condition of these Terms, when accessing and using the Services, You must:
c. Usage Limitations
Use of the Service may be subject to limitations, including but not limited to the transaction volumes, response volumes and report volumes that You are permitted to make against Interview Diagnostic 's application programming interface. Any such limitations will be specified within the Service.
d. Communication Conditions
As a condition of these Terms, if You use any communication tools available through the Website (such as any Diagnostic invites, user invites, contact page or any other message centre), You agree only to use such communication tools for lawful and legitimate purposes. You must not use any such communication tool for posting or disseminating any material unrelated to the use of the Services, including (but not limited to): offers of goods or services for sale, unsolicited commercial e-mail, files that may damage any other person's computing devices or software, content that may be offensive to any other users of the Services or the Website, or material in violation of any law (including material that is protected by copyright or trade secrets which You do not have the right to use). When You make any communication on the Website, You represent that You are allowed to make such communication. Interview Diagnostic reserves the right to remove any communication at any time in its sole discretion.
You indemnify Interview Diagnostic against: all claims, costs, damage and loss arising from Your breach of any of these Terms or any obligation You may have to Interview Diagnostic.
4. CONFIDENTIALITY AND PRIVACY
Unless the relevant party has the prior written consent of the other or unless required to do so by law:
These provisions shall not apply to any information which:
5. INTELLECTUAL PROPERTY
All Intellectual Property Rights in the Services, the Website and any documentation relating to the Services remain the property of Interview Diagnostic (or its licensors).
b. Ownership of Data
You own all the data that you entered in your Interview diagnostic and you have access to the report from that diagnostic. However, all data that you enter may be used for the purposes of benchmarking and display.
c. Removal of Data
You have the right to request removal of your data from the Website by expressly writing an email to [email protected]
d. Backup of Data
Interview Diagnostic adheres to its best practice policies and procedures to prevent data loss, including a daily system data back-up regime, but does not make any guarantees that there will be no loss of Data. Interview Diagnostic expressly excludes liability for any loss of Data no matter how caused.
6. WARRANTIES AND ACKNOWLEDGEMENTS
You acknowledge that:
b. No warranties
Interview Diagnostic gives no warranty about the Services. Without limiting the foregoing, Interview Diagnostic does not warrant that the Services will meet Your requirements or that it will be suitable for any particular purpose. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.
c. Consumer guarantees
You warrant and represent that You are acquiring the right to access and use the Services for your own individual purposes of learning about your capabiliyies and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect consumers in any jurisdiction does not apply to the supply of the Services, the Website or these Terms.
7. LIMITATION OF LIABILITY
To the maximum extent permitted by law, Interview Diagnostic excludes all liability and responsibility to You (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of information, Data, profits and savings) or damage resulting, directly or indirectly, from any use of, or reliance on, the Service or Website. Interview Diagnostic and NuVeda Learning Pvt. Ltd assumes no liability for any damages sustained by you because of Interview Diagnostic’s reports, results and adherence to the terms and conditions stated herewith. If You are not satisfied with the Service, Your sole and exclusive remedy is to terminate these Terms in accordance with Clause 8: “Termination”.
You and your account will be terminated if you fall into any of the categories a) or b) below:
b. Request for Termination
If you send an email to terminate the Interview Diagnostic service for you, your account will be deactivated. However, your data will not be removed unless you specifically activate clause 5 c) of this contract.
c. Accrued Rights
Termination of these Terms is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination.
e. Expiry or termination
Clauses 3, 4, 5, 6, 7, 8, and 10 survive the expiry or termination of these Terms.
a. Technical Problems
In the case of technical problems You must make all reasonable efforts to investigate and diagnose problems before contacting Interview Diagnostic . If You still need technical help, please check the support provided online by Interview Diagnostic on the Website or failing that email us at [email protected]
b. Service availability
Whilst Interview Diagnostic intends that the Services should be available 24 hours a day, seven days a week, it is possible that on occasions the Services or Website may be unavailable to permit maintenance or other development activity to take place. Interview Diagnostic does not warrant any service availability to its users and will not be held responsible for any non-availability of its services.
If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.
c. No Assignment
You may not assign or transfer any rights to any other person without Interview Diagnostic 's prior written consent.
d. Governing law and jurisdiction
Unless not permitted by the laws of Your governing county, this Agreement is governed by the laws of the state of TamilNadu, India and You hereby submit to the exclusive jurisdiction of the courts of the State of TamilNadu, India for all disputes arising out of or in connection with this Agreement.
If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.
Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to Interview Diagnostic must be sent to [email protected] or to any other email address notified by email to You by Interview Diagnostic . Notices to You will be sent to the email address which You provided when setting up Your access to the Service.
g. Rights of Third Parties
A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms.