Welcome to Cognavi available at https://students.cognavi.com (“Platform”). This monitor membership terms (hereinafter referred to as “Terms”) sets forth the contractual relationship between Cognavi India Private Limited (hereinafter referred to as the “Company”) and the Monitor (as defined below) for the purpose of allowing the Monitor to access and use the Platform for the limited purposes as permitted by the Company, for the Company to collect user related data and analyze the user activity on the Platform to determine the trends in job hunting activities in India and to make our Services (as defined below) better.

These Terms constitute an electronic record within the meaning of the Applicable Law (as defined below), including but not limited to in terms of the Indian Contract Act 1872, the Information Technology Act 2000, and the rules made thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures.
We request that you carefully read these Terms before using the Platform. If you continue to browse, access, and use the Platform, you irrevocably and unconditionally agree to comply with, abide by, and be bound by all the obligations stipulated in the Terms and our privacy policy available at https://www.cognavi.com/privacy.

• Definitions. All the terms capitalized herein are specifically defined below and shall be interpreted accordingly:
• “Applicable Laws” as used in these Terms shall mean all laws, statutes, regulations, bye-laws, binding codes of conduct, and guidelines, whether local, national, or otherwise existing from time to time which apply to the person, act, or activity in question including the laws applicable in India.
• “Confidential Information” as used in these Terms shall mean all information (whether in written, oral, electronic, or other formats) that relates to the technical, financial, and business affairs, customers, suppliers, products, developments, operations, processes, data, trade secrets, design rights, know-how and personnel of the Company and its affiliates which is disclosed to or otherwise learned by the Monitor in the course of or in connection with these Terms provided, that the discloser of such information treats such information as confidential and a reasonable person would consider such information to be confidential based upon the nature of the information.
• “Monitor” as used in these Terms shall mean a person who has registered as a member on the Platform in accordance with the procedures specified by the Company in advance, who has completed the monitor registration procedures specified by the Company, and who has been approved by the Company to be registered as a Monitor.
• “Services” as used in these Terms shall mean the job matchmaking services provided by the Company through its Platform.
• Service eligibility. We want our Service to be as open and inclusive as possible, but we also want it to be safe, secure, and in accordance with the Applicable Law. Hence, the use of the Platform and the Services provided therein is subject to acceptance of these Terms. To accept these Terms, the Monitor must be at least Eighteen (18) years of age and competent to contract as per the Applicable Laws. The Company must not have previously disabled your account for violating Applicable Laws or Company policies.
• Access and use of the platform.
• In order to access and use the Platform, the Monitor needs to register on the Platform, and such use and access need to be pre-approved by the Company. The Monitor must complete the sign-up process and agree to be bound by these Terms. The Account can only be accessed with the credentials provided to the Monitor to access the Platform by the Company. The Monitor is responsible for providing accurate and correct information while creating an Account.
• Monitor will not assign, sublease, hypothecate, or otherwise dispose of their status as a Monitor or any rights they have acquired against the Company through the use of the Service in any form.
• Monitor will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any content or information from/of the Platform without Company’s permission. The Monitor will only access and use the Platform for limited purposes as permitted by the Company and only for Monitor’s personal use.
• Monitor will not:
• circumvent or bypass any technological protection measures in or relating to the Platform or the Services;
• disassemble, decompile, decrypt, hack, emulate, exploit, or reverse engineer any software or other aspect of the Platform;
• publish, copy, rent, lease, sell, export, import, distribute, or lend the Platform; and
• enable access to the Platform by unauthorized third-party applications or otherwise in a manner intended to avoid incurring fees or to circumvent usage limits or quotas.
• If the Company becomes aware that your use of the Platform or any Service violates these Terms or directly or indirectly affects the Company adversely, then the Company may, at its discretion, contact you to correct such violation or suspend all or part of your access to or use of the Platform until such breach is not corrected.
• Data collection and feedback.
• The Monitor hereby agrees and acknowledges that the Company may collect its personal information for the provision of Services and Platform to the Monitor.
• While using the Platform and the Services, the Monitor hereby allows the Company to track its user activities and the manner in which it uses the Platform and the Services. The Monitor will also provide necessary feedback and comments to the Company regarding the Platform and Services as the Company may reasonably request.
• Confidentiality and data protection.
• The Monitor shall be obligated to maintain the confidentiality of the Confidential Information provided by the Company in connection with the Service and which is disclosed to the Monitor or to which the Monitor is made privy during its use of the Platform or the Services.
• The Monitor shall not disclose or divulge to any third party any Confidential Information (including ID/PW) obtained through the Company or while using the Service. The Monitor must take necessary steps to ensure that the Confidential Information is protected and kept in strict confidence at all times.
• The Monitor shall not post the Confidential Information on any social networking sites, internet bulletin boards, blogs, websites, etc., or send Confidential Information to third parties, including family and friends or otherwise disclose or divulge Confidential Information in a similar manner.
• The Company shall handle the personal information of the Monitor obtained in connection with the Service in accordance with the privacy policy of the Company available at https://www.cognavi.com/privacy.
• The Company will use reasonable efforts to maintain the privacy and confidentiality of the personal information of the Monitor and will put in place reasonable safeguards and system for the same, including physical, technical, administrative, and organizational safeguards and in doing so, shall observe compliance with Applicable Laws.
• Intellectual property
• Except as expressly stated in these Terms, these Terms do not grant the Monitor any rights, implied or otherwise, to the content or any of the Company’s intellectual property as provided to the Monitor through the Platform for the use of the Service. The Company owns all the intellectual property rights in the Platform and the Service.
• Monitor shall not exercise any moral rights, portrait rights, or any other rights that cannot be transferred under the Applicable Laws and regulations concerning such copyrights.
• Disclaimer of warranties and limitation of liability.
• The Platform and all information, content, materials, and Services included on or otherwise made available to the Monitor through the Platform are provided by the Company on an “as is” and “as available” basis. The Company makes no representations or warranties of any kind, express or implied, as to the operation of this Platform, the content, materials, or Services included on or otherwise made available to you through the platform.
• To the full extent permissible by Applicable Law, the Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, or non-infringement, that the Service will be uninterrupted, error-free or free of harmful components, and that any content will be secure or not otherwise lost or altered. The Company will undertake its best efforts to ensure that the Platform and the Services do not have any bugs or viruses, but it does not warrant that the Platform or the Services are free of viruses or other harmful components.
• In no event shall the Company be liable for any damage or disadvantage under these Terms. If a Monitor violates these Terms and causes damage to the Company or a third party or to the Platform or the Service, such Monitor shall be liable for compensation for such damage as permissible under the Applicable Laws.
• Company will not be liable for any damages of any kind arising from the use of the Platform or from any information, content, materials, services, or products included on or otherwise made available to the Monitor through the platform, including but not limited to direct, indirect, incidental, punitive, and consequential damages unless otherwise specified in the terms.
• Company and its affiliates will not be liable to the Monitor for any indirect, incidental, special, consequential, or exemplary damages (including damages for loss of profits, revenues, opportunities, goodwill, use, or data), even if the Monitor has been advised of the possibility of such damages. Further, neither the Company nor any of our affiliates will be responsible for any compensation, reimbursement, or damages arising in connection with: (a) Monitor’s inability to use the Services, including as a result of any (i) termination or suspension of these Terms or Monitor’s use of or access to the Platform and the Service, (ii) our discontinuation of any or all of the Service, or (iii) any unanticipated or unscheduled downtime of all or a portion of the Platform or the Services for any reason; (b) the cost of procurement of substitute services; (c) any unauthorized access to, alteration of, or the deletion, destruction, damage, loss or failure to store any of the data provided by the Monitor.
• Modifications. The Company may change the contents of the Service or these Terms, at its discretion. By using the Service after the Company has notified the Monitor of any changes to the Service or these Terms, the Monitor shall be deemed to have agreed to all of the contents of the Service or these Terms after such changes have been made.
• Governing Laws and Dispute Resolution.
• Governing Laws. Any dispute arising under these Terms shall be governed by the laws in force in India and shall be subject, without prejudice to the dispute resolution clause below, to the exclusive jurisdiction of courts at Bengaluru, India.
• Dispute Resolution. Any dispute arising out of, or in connection with, these Terms, including any question regarding its existence, validity or termination, shall be referred to, and finally resolved by arbitration in Bengaluru in accordance with the Arbitration and Conciliation Act, 1996 (“Arbitration Act”) for the time being in force.
  
  The arbitral tribunal shall consist of a sole arbitrator appointed mutually by the parties to the dispute. In case the Parties to the dispute do not agree upon or appoint a sole arbitrator within 30 (Thirty) days, any of the parties to the dispute can approach a competent court of jurisdiction to request the appointment of a sole arbitrator.
  
  The language of the arbitration shall be English, and the venue and seat of the arbitration shall be Bengaluru. The arbitrator shall be entitled to award the costs of the arbitration. Subject to the aforesaid, each party to the arbitration shall bear its own expenses in relation thereto, including, but not limited to, such party’s attorney’s fees and expenses, and fees of the arbitrator shall be borne equally by the parties.
  
  The arbitrator shall reach and render a reasoned decision in writing, which shall be final and binding on the Parties
• Miscellaneous. These Terms and the privacy policy available at www.cognavi.com are the entire agreement between you and the Company with respect to the Services and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between the Company and the Monitor. If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms 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. These Terms are personal to the Monitor and are not assignable or transferable by the Monitor except with the Company’s prior written consent. The Company may assign, transfer or delegate any of its rights and obligations hereunder without your prior consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect. All notices under the Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by e-mail; or two days after it is sent, if sent for next day delivery by recognized overnight delivery service. The Company shall have no liability to you under these Terms if we are prevented from or delayed in performing our obligations under this these Terms, or from carrying on its business, by acts, events, omissions or accidents beyond the Company’s reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of the Company or any other party), failure of a utility service or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, provided that the Monitor is notified of such an event and its expected duration.