Monjin - Terms of Service

Terms of Service




Welcome and thank you for using monjin.com

INTRODUCTION

Our mission is to value skills and allow professionals to create more visibility in their professional circle. The Website is an online platform for professionals where they can interact with peers to create impartial assessments and endorsements based on recorded video discussions. Our services are designed to let neutral experts assess aspiring professionals and allow both a chance to be recognized, find opportunities or employees and exchange knowledge to help others get better at the things they are passionate about.

This document is published and shall be construed in accordance with the provisions of EU Data Protection Directive (officially Directive 95/46/EC), EU General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679), the (Indian) Information Technology Act, 2000 and the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011. Monjin ensures compliance with its Privacy Policy through regular reviews and through adherence to the self-regulatory terms of the EU-US Privacy Shield Framework (https://www.privacyshield.gov/list).

These terms of service, together with: (i) Monjin’s Privacy Policy; (ii) the guidelines, rules, policies and procedures posted on the Website, from time to time (each of which are incorporated herein by reference and form an integral part of these terms); and (iii) any other agreements and terms and conditions entered into with Monjin, including offline agreements (collectively “Terms of Service”) govern: (a) your relationship with Monjin; (b) your use of the Website or our services, or our related mobile apps or premium services; and (c) the content, features, applications, tools, data, documents and information available through the Website, and/or through Monjin (together with the Website, the "Services").

These Terms of Service constitute an electronic record within the meaning of applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Please read these Terms of Service carefully before using the Services. These Terms of Service apply to all users of the Services, irrespective of the mode and the manner in which they have accessed the Services.

Use of the Website and Services is available only to persons who can form legally binding contracts under applicable law. The Services are not targeted towards, nor intended for use by, anyone under the age of 18 (eighteen). By using the Services, you represent and warrant that you are 18 (eighteen) years of age or older. If you are under the age of 18 (eighteen), you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change the eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. The use of this Website and our Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Service.

If you are using the Services on behalf of an entity, company or other organization, you represent and warrant that you: (i) have the authority to bind such entity, company or organization to these Terms of Service; and (ii) agree to be bound by these Terms of Service on behalf of such entity, company or organization.

If you are using the Services on behalf of any other person (whether under his authority or otherwise), you represent and warrant that you: (i) have the authority to bind such person to these Terms of Service; and (ii) agree to be bound by these Terms of Service on behalf of such person.

If you are using the Services on behalf of any other person (whether under his authority or otherwise), you represent and warrant that you: (i) have the authority to bind such person to these Terms of Service; and (ii) agree to be bound by these Terms of Service on behalf of such person

By using our Website or utilizing our Services, you agree that we may use and share your personal information in accordance with the terms of our Privacy Policy. We are committed to protecting your privacy. We constantly review our systems and data to ensure the best possible service to our users. Refer our Privacy Policy for details.

Monjin reserves the right, at any time and from time to time, to amend, modify, revise, update, suspend, remove and/or otherwise change these Terms of Service without prior notice to you. All such amendments and modifications shall take effect immediately when posted on the Website. We will notify you of such changes every time, and by continuing to access the Website or use the Services after any such amendments or modifications, you agree to be bound by such amended or modified Terms of Service. For this reason, we encourage you to review these Terms of Service whenever you use the Services. If you do not agree to any change to these Terms of Service, then you must immediately stop using the Website and the Services.


Common Terms of Service for Candidates, Interviewers and other Users

The Website and Services

Services

Monjin provides a web based online platform for the Job seekers (Candidates) to showcase their skills through an online video interview either against a set of pre-defined questions or a discussion with the Experts ( Interviewers). This interviews is recorded and serves as a data base of vetted candidates for the Employers who can approach the Candidates for employment opportunities. The users of this Website are Candidates, Interviewers, and subscribing Employers (all employees of subscribing Employers) who have access to the videos depending upon the Service model under which the interview is happening and the privacy settings chosen by Candidates and Interviewers) and general visitors.

Service Models

The Website offers different modes viz.

  1. OCOI MODEL – Where candidates can showcase their skills by registering on the Monjin platform, recording a self- introductory video and getting interviewed and assessed by an expert from similar domain or record a one-way video against set of pre-defined questions. The video recording and assessment of the interview can be accessed by all subscribing employers;
  2. YCOI MODEL – Where an employer (Monjin Client) uses the Monjin platform to interview candidates (sourced by the Employer) by the interviewers from the Monjin network and reviews the recorded videos ;
  3. YCYI / Monjin Basics MODEL – Where an Employer (Monjin Client) uses the Monjin platform to conduct interviews of candidates sourced by the Employer by Employer’s own interviewers and reviews the recorded videos;
  4. One way or Robotic interview MODEL – Where an Employer (Monjin Client) uses the platform to conduct One-way video interview of candidates (sourced by the Employer) against a set of questions configured by the Employer.
  5. Candidates may also access the Website and undertake an online video interview through third party websites (“Partner Website(s)”) owned, controlled and/or operated by third parties that have partnered with Monjin (“Monjin Partner(s)”) to enable Candidates access the Services of Monjin. ( Partner MODEL). The online interview is recorded and made available to the Candidate under his/her login on the Partner Website for sharing with potential Employers. The interview video shall, at all times, remain within the control of Monjin and reside on servers, systems and other applications developed, owned, operated and controlled by Monjin. The Partner Website is controlled, owned or operated by the Monjn Partner and governed by the terms and conditions of use and privacy policies of the Partner Websites, and not by these Terms of Service. When you access the Partner Website, you do so at your own risk. The Partner Website is not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of the Partner Website. You hereby agree to hold Monjin harmless from any liability that may result from the use of the Partner Website.


(hereinafter collectively referred to as the “Service Models”)

Intellectual Property Rights in the Software Granted for Use to the user

The User acknowledges that Monjin is the owner or the licensee of all intellectual property rights with respect to the Website and the content published on it.

The User shall not modify, copy, distribute, reproduce, republish, display post, transmit, or sell in any form or by any means, in whole or in part the said content, without Monjin’s prior written permission. It is expressly understood by the User that he/she is granted the temporary and limited right to access and use the Website for conducting the session of video interviewing as per the Terms of Service of this Agreement. Except for this limited use, the User shall not upload or republish any content of the Website on any Internet, Intranet, or Extranet site or incorporate the information in any other database or compilations.

The User understands that the temporary and limited right to access and use the Website may be restricted by Monjin at any time without notice to the User or terminated if Monjin believes that the User has violated any of the terms of this agreement.


Monjin Content / Copy right and trademark information

Monjin authorizes You, subject to Your acceptance of these Terms of Service to access and use the Website and Monjin Content solely for Your personal and non-commercial use. The contents of the Website and of all other websites under Monjin’s control (whether partial or otherwise) such as designs, text, graphics, images, video, information, logos, button icons, software, audio files (collectively, "Monjin Content"), are protected under both India and foreign copyright, trademark and other laws. Unauthorized use of Monjin Content may violate these laws and/or applicable communications regulations and statutes, and is strictly prohibited. You shall not sell or modify the Monjin Content or reproduce, display, publicly perform, distribute, or otherwise use the Monjin Content in any way for any public or commercial purpose. You shall not use any of the Monjin Content on any other website or in a networked computer environment (including, without limitation, by uploading or republishing Monjin Content on any Internet, Intranet or Extranet site or incorporating the Monjin Content in any other database or compilation for any purpose). You shall not copy or adapt the HTML code that the Monjin creates to generate any Monjin Content. Nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.


Access to the Website and Restrictions

Monjin reserves the right at any time to modify or discontinue, temporarily or permanently, any or the entire Website (or any part thereof). It is specifically stated that Monjin shall not be liable to the User or other third party for any such modification, suspension or discontinuance of the Website or its services.

You understand and acknowledge that You have no ownership rights in your Monjin Account and that if You disable your Monjin Account or your Monjin Account is terminated, all Your Monjin account information from the Website, including resumes, profiles, cover letters, saved jobs, videos, questionnaires will be marked as deleted and may be deleted from Monjin’s databases and removed from any public area of the Website. Information may continue to be available for some period of time because of delays in propagating such deletion through Monjin’s web servers. In addition, third parties may retain saved copies of User’s data. Monjin reserves the right to display the Video interviews already taken by you after deletion/ termination of your account irrespective of whether such deletion/termination was initiated by you or Monjin. Monjin also reserves the right to delete your Monjin Account and all User’s data after a significant duration of inactivity. If you are a candidate and in case you decide to voluntarily deactivate your account, Monjin will delete your account but interviews given by you may remain for a certain period of time subject to the termination clause herein in case of YCOI, YCYI, Monjin BASICS and One-way MODELS and for a maximum period as stated in the Privacy Policy in case of OCOI MODEL.

Restricted Actions

As a condition of use of the Website and the Services, you promise and undertake not to use the Services for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activities in connection with the Services and the activities of any person who uses your computers, systems, mobiles, machines, communication devices, network and others applications and resources.

You agree that you will not (directly or indirectly) submit, upload, provide, transmit, distribute, post, store, link, or otherwise share content, information, data, software, and/or materials on or through the Services that: (i) you do not have the right, authority or license to make available, whether under law, contract or otherwise; (ii) is unlawful, threating, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, offensive, profane, contains or depicts pornography, or is otherwise inappropriate as determined by us, in our sole discretion; (iii) is false, misleading, untruthful or inaccurate; (iv) invasive of another’s privacy; (v) violates the publicity or proprietary or intellectual property rights of third parties; (vi) impersonates any person or entity, including any of our employees, agents, representatives or sub-contractors or falsely states or otherwise misrepresents your affiliation with any person or entity or expresses or implies that Monjin endorses any statement you make; (vii) includes anyone’s identification documents or sensitive financial information or any personal information about another individual or any information that may be used to track, contact or impersonate that individual; (viii) discloses or provides information protected under any law, agreement or fiduciary relationship, including but not limited to proprietary or confidential information of others, insider information or material, or non-public information; (ix) constitutes unauthorized or unsolicited advertising; (x) violates any law, statute, ordinance or regulation; (xi) would give rise to criminal or civil liability; (xii) encourages conduct that constitute an offense or encourages or provides instructional information about illegal activities; (xiii) has the potential to create liability for us; (xiv) could cause us to lose, in whole or in part, our relationship with our users, licensors, services providers or other suppliers; (xv) interferes with or disrupts the operation of the Website/Services or the servers or networks used to make the Website/Services available, or violate any requirements, procedures, policies or regulations of such networks; and (xvi) threatens the unity, integrity, defense, security or sovereignty of any country, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

You shall not (directly or indirectly): (i) disclose any sensitive, proprietary or confidential information, about yourself or anyone else or knowingly disseminate information that you know, or reasonably ought to know, to be confidential in nature, in violation of any duty of confidentiality which you are subject to; (ii) misrepresent the source of your content; (iii) use the Website or the Service in violation of any local, state or central law, rule or regulation or otherwise in violation of any law, rule or regulation which you may be subject to; (iv) use the Service in a manner that would violate the lawful privacy rights of any person or to publish or republish defamatory or libelous statements, or to harass or embarrass any person; (v) use the Service in a manner which could cause loss, damage or personal injury to any person; (vi) use the Service for any fraudulent or unlawful purpose or for the promotion of illegal activities; (vii) use the Services if you are a competitor of Monjin or for reasons that are in competition with Monjin; (viii) use the Services, the Monjin Content or its features and services in any manner that could interrupt, damage, disable, overburden or impair the Services or interfere with any other persons use and enjoyment of the Services; (ix) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other computer systems, resources or networks connected to the Services); (x) run any form of auto-responder or “spam” on the Services; (xi) use manual or automated software, device, or other processes to “crawl” or “spider” any page of the Website; (xii) obtain or attempt to gain unauthorized access to other computer systems, resources, materials, information or any services available on or through the Website through any means, including through means not intentionally made publically available or provided for through the Website; (xiii) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party service providers’) infrastructure; (xiv) interfere or attempt to interfere with the proper working of the Website and Services or any activities conducted on the Website; (xv) use the Services to distribute or receive communications or data gleaned from, or execute any action directed by, any type of injuries code, including but not limited to: (a) trojans, (b) key loggers, (c) viruses, (d) malware, (e) botnets, (f) denial of service attacks, (g) flood or mail bombs, (h) logic bombs, or (i) other actions which Monjin reserves the sole right to determine to be malicious in intent; (xvi) make improper use of our Services or submit false reports of abuse or misconduct; (xvii) disparage, tarnish or otherwise harm Monjin, including the Website and the Services; (xviii) offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force; and (xix) use the Website or the Service in violation of these Terms of Service or otherwise take any action in violation of our guidelines and policies.

In using the Services, you must comply with, and refrain from violations of, any right of any other persons, entity, law or contractual duty, including without limitation laws forbidding: (i) distribution of child pornography; (ii) forgery, identity theft, misdirection or interference with electronic communications; (iii) invasion of privacy; (iv) unlawful sending of commercial electronic message or other marketing or electronic communications; (v) securities violations, wire fraud, money laundering, or terrorist activities; or (vi) false advertising, propagating or profiting from fraudulent and unfair schemes.

You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application); (ii) modify, translate, or otherwise create derivative works of any part of the Services; and/or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.

You shall abide by all applicable local, state, national and international laws and regulations.

You shall not use the Services in violation of the copyrights, trademarks, patents, trade secrets or other intellectual property rights of third parties, nor shall you utilize the Services to publish such materials in a manner that would expose them to public view in violation of the law. The applicable laws governing intellectual property will apply to issues of copyrights violations. Monjin will, in appropriate circumstance, terminate access to the Website/Services of violators. If a third party believes that you have violated their intellectual property rights and notifies us, we will forthwith take all necessary action, including but not limited to immediately terminating your access to the Website/Services.

Any activity that you are prohibited from performing under these Terms of Service is equally prohibited to anyone using your computers, systems, mobiles, machines, communication devices, network and others applications and resources to access the Services.

You shall: (i) be fully responsible for the acts of others utilizing your access to the Services, and will be held responsible for violations of the Services by your sub-users or persons who gain access to the Services using your computers, systems, mobiles, machines, communication devices, network and others applications and resources; (ii) utilize proper security protocols, such as setting strong passwords and access control mechanisms, safeguarding access to all logins and passwords, and verifying the trustworthiness of persons who are entrusted with access to your computers, systems, mobiles, machines, communication devices, network and others applications and resources and information; (iii) notify all persons who receive access to the Services of the provisions of these Terms of Service, and shall inform them that the terms of these Terms of Service are binding upon them; and (iv) notify Monjin if and when you learn of security breaches regarding the Services, and shall aid in any investigation or legal action that is taken by authorities and/or Monjin to cure the security breach.

You shall comply with all applicable export and import control laws and regulations for using of the Services, and in particular, you shall not utilize the Services to export or re-export any services, data or software without all required governmental licenses. You assume full legal responsibility for any access and use of the Services, with full understanding that the same may implicate export regulations and/or require export license. Should such a license be required, it shall your sole responsibility to obtain the same, at your sole cost and expenses, and in the event of any breach of this duty resulting in legal claim against Monjin, you shall defend, indemnify and hold Monjin harmless from all claims and damages arising therefrom.

We also 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 of Service, including investigation of potential violation hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to your support request; and (v) protect the rights, property or safety of us, our users and the public.

You are solely responsible for any reliance by you on the Services or other use you make of the Services. Comments, suggestion, feedback, ideas, material or other information sent or transmitted to Monjin, either through the Website, email or otherwise (collectively “Feedback”), shall be deemed to be and treated as non-proprietary and non-confidential. Subject to the conditions described in Monjin’s Privacy Policy, Monjin shall have no obligation of any kind with respect to such Feedback and shall be free to use and distribute the Feedback to others without limitation, including but not limited to developing and marketing the Services. Monjin reserves the right to publish or use the Feedback for promotional or other purpose without any further permission, notice or payment of any kind to the sender. All such Feedback will be the property of Monjin. Monjin reserves the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Feedback in any way as it deems fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any Feedback in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the Feedback within or in connection with Monjin’s products or services. If you provide a Feedback, you represent and warrant that you own or otherwise control the rights to the Feedback. You further represent and warrant that such Feedback does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You shall not use a false email address, or impersonate any person or entity, or otherwise mislead Monjin as to the origin of any Feedback. You agree to indemnify Monjin for all claims arising from any claim to any rights in any Feedback or any damages arising from any Feedback.

The enumeration of violations in this Section ( Restricted Actions) is not meant to be exclusive, and Monjin has and will exercise its authority to take any action which is necessary to protect the Services, users and third parties from acts that would be inimical to the purpose of this Section .

Restricted Locations

The Website, and/or Monjin Services may not be accessed, viewed, downloaded or otherwise received in any country or location in which doing so would, or could be deemed a violation of any law, regulation, rule, ordinance, edict or custom.

Website, and/or Monjin Services may not be used by and is not directed at any country or region currently embargoed by India. By using the Website, and/or Monjin Services, you agree to the foregoing and you warrant that you are not located in, or under the control of, or a national or resident of any such country or region

You agree to comply with all local rules regarding online conduct and what Monjin deems, in its sole discretion, acceptable content. For examples of restricted actions, refer to above.

You agree to comply with all applicable laws regarding the transmission of technical data exported from India or the country in which you reside.

Third party websites/content

The Services may contain links to other websites that are not owned or controlled by Monjin ("Third Party Sites"), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties ("Third Party Content"). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party’s terms and policies, including privacy and data gathering practices of any website to which you navigate.


Destruction of Materials

Should you violate these terms regarding intellectual property, you must delete any materials obtained in violation of these Terms of Service immediately upon notice or upon realizing possession of such materials violate these Terms of Service, whichever is earlier.

Third party websites/content

The Services may contain links to other websites that are not owned or controlled by Monjin ("Third Party Sites"), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties ("Third Party Content"). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party’s terms and policies, including privacy and data gathering practices of any website to which you navigate.

Notifications

You agree to Monjin sending you notifications and important messages time to time via its websites, mobile applications, and email to provide you a better experience with the services provided by us. You agree that we may provide notices to you on our website, or through an email sent to an email address you provided, or through other means including but not limited to your mobile number, telephone, or email. You agree to keep your contact information up to date.

In furtherance of the above you hereby unconditionally give your consent that such communications via SMS and/ or voice call by Monjin is (a) upon the request and authorisation obtained from you, (b) ‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines of Telecom Regulation Authority of India (TRAI) and (c) in compliance with the relevant guidelines of TRAI or such other authority in India and abroad. You will indemnify Monjin against all types of losses and damages incurred by Monjin due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous compliant raised by the User services on Monjin with respect to the intimations mentioned above or due to a wrong number or email id being provided by the you for any reason whatsoever.

If you wish to opt-out from receiving these important messages please contact us here privacy@monjin.com

Network Performance

Monjin’s user accounts operate on shared resources. Excessive use or abuse of these shared network resources by one User may have a negative impact on all other Users. Misuse of network resources in a manner that impairs network performance is prohibited by this policy and may result in termination of your account. You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs that negatively impact other Users/ visitors or the performances of Monjin’s systems or networks. Monjin reserves the right to terminate or limit such activities.

Changes, misprints and errors

The Website and the Monjin Content may contain inaccuracies or typographical errors. Monjin makes no representations about the accuracy, reliability, completeness, or timeliness of the Website. The use of Website and the Monjin Content is at Your own risk. Further Monjin cannot guarantee and does not promise any specific results from use of the Website. No advice or information, whether oral or written, obtained from Monjin or through the Website shall create any warranty not expressly stated herein. You acknowledge and agree that You are solely responsible for the form, content and accuracy of any resume or material contained therein posted by You on the Website.

  1. Monjin does not warrant that the Website is free of any operational errors nor does it warrant that it will be free of any virus, computer contaminant, worm, or other harmful components. The Website and Monjin Content are provided on an "as is" basis without any warranties of any kind.
  2. Monjin shall not be held liable for loss of any User’s data, technical or otherwise, or particulars supplied by the User due to acts of god as well as reasons beyond its control like corruption of data or delay or failure to perform as a result of any cause(s) or conditions that are beyond Monjin’s reasonable control including but not limited to strikes, riots, civil unrest, government policies, tampering of data by unauthorized persons like hackers, virus ,war and natural calamities.
  3. Monjin shall have no liability to the User for any interruption or delay in access to the Website irrespective of any reason.
  4. Monjin, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose and non-infringement. Monjin makes no warranties about the accuracy, reliability, completeness, or timeliness of the Monjin Content, services, software, text, graphics, and links.

Reporting violations to Monjin

Monjin does not have control over the content posted/uploaded on the website and does not actively monitor user activity under normal circumstances. However, in accordance with our Terms of Service, we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate these Terms of Service . Monjin upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above and termed as illegal, will try and remove the illegal content in accordance with Section 79 of the Information Technology Act, 2000 and Information Technology (Intermediaries guidelines) Rules, 2011 or other applicable laws.

When required by lawful order, we will provide information or any such assistance to Government Agencies who are lawfully authorized for investigative, protective, cyber security activity. The information or any such assistance will be provided for the purpose of verification of identity, or for prevention, detection, investigation, prosecution, cyber security incidents and punishment of offences under any law for the time being in force, on a request in writing stating clearly the purpose of seeking such information or any such assistance. Furthermore, Monjin requests that anyone who believes that there is a violation of these Terms of Service direct the information to us. The email address can be found on our contact page. If available, please provide the following information: The IP address used to commit the alleged violation, the date and time of the alleged violation, including the time zone and evidence of the alleged violation E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information.

Questions or Complaints

If you have any questions about the Terms of Service, please contact us at privacy@monjin.com The grievance officers designated by Monjin to hear any complaints relating to your use of Monjin platform are:


Disclaimer of Warranty and Limitation of liability

To the fullest extent possible by law, in no event shall Monjin, its suppliers, or any third parties mentioned on the Website be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data, lost employment opportunity or business interruption) resulting from the use or inability to use the Website, whether based on warranty, contract, tort, or any other legal theory.

To the extent allowed under law, Monjin (and those that Monjin works with to provide the services) do not warrant that –:

  1. the Website is free of any operational errors nor does it warrant that it will be free of any virus, computer contaminant, worm, or other harmful components.
  2. the Website is free of any operational errors nor does it warrant that it will be free of any virus, computer contaminant, worm, or other harmful components.
  3. Monjin shall have no liability to the user for any interruption or delay in access to the Website irrespective of any reason.
  4. Whereas we thrive to increase the efficiency of our website some of the features may not always work as desired. Notwithstanding anything contained in this agreement, Monjin does not provide any warranty/guarantee for the desired functioning of the black listing/ privacy settings provided on the website.
  5. Monjin does not screen or censor the listings, including Profiles offered. Monjin is not responsible for content uploaded by different users, the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings and Monjin makes no representations about any jobs, resumes or the content uploaded by users on the Website. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately in accordance with Section 79 of the Information Technology Act, 2000 and Information Technology (Intermediaries guidelines) Rules, 2011, if we become aware of inappropriate use of our service.
  6. The User acknowledge that there is risk involved, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom You come in contact through the Website. By its very nature information posted by others including but not limited to text, photos and videos may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. It is assumed that You will use caution when using the Website. This is because user authentication on the Internet is difficult, and therefore Monjin cannot and does not confirm that each user is who they claim to be. In the event that You have a dispute with one or more users, you indemnify Monjin, its agents and employees from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes to the fullest extent permitted by law.

Indemnity

You shall indemnify and hold harmless Monjin, its affiliates, and their respective officers, directors, employees and agents, from and against any demands, liabilities, claims and actions resulting from or relating to (i) any material uploaded/posted by You on the Website; or (ii) Your breach of these Terms of Service.

Waiver

No delay or failure by either party to exercise any of its powers, rights or remedies under this Agreement will operate as a waiver of such powers, rights or remedies, nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of the same. Any waiver, to be effective, must be in writing.

Amendment

Monjin reserves the right, to modify and amend the Terms of Service of this Agreement at any time as and when the same is necessary. Any such modifications/amendment shall be effective immediately when the same are posted on the Website. We will notify users whenever such changes are made, If the User continues to use the Website after the modified Terms of Service have been posted then this shall mean that the User has agreed to the modified Terms of Service.

Force Majeure

The Parties shall not be liable under this Agreement to fulfil their commitments or their respective obligations, if Parties cannot fulfil the same, due to reasons beyond their control such as war, strike, lockout, riot, civil commotion, accidents, fire or other force majeure events.

Governing Law and Jurisdiction

Monjin makes no claims that the Monjin Content may be lawfully viewed or accessed outside of India. Access to the Monjin Content may not be legal by certain persons or in certain countries. Your access to the Website is at your own risk and You are responsible for compliance with the laws of respective State jurisdiction as may be applicable to You.

These Terms of Service shall be governed by the laws of India. The Courts at Pune shall have exclusive jurisdiction in case of all the disputes arising out of or in connection with these Terms of Service

Notices

Any notices under this Agreement shall be deemed sufficiently given if sent by certified or registered mail, return receipt requested, to the respective address of Parties. Monjin’s address for communication is :

India
Monjin Interviews Pvt. Ltd.
Survey no. 286/1B/2, Pallod Farms 3
Baner, Pune - 411045 (MAH), INDIA

United States
Monjin Corporation USA
1460 Broadway, New York City,
NY 10036,
USA

United Kingdom
Monjin UK Ltd,
24 Bedford Row,
London WC1R 4TQ
United Kingdom

Severability

If any provision of these Terms and Condition is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions and the remainder of these Terms of Service shall not be affected thereby but such terms or provisions shall be deemed modified to the extent necessary, in the court’s opinion, to render such provision enforceable. Upon such modification, the rights and obligations of the parties shall be construed and enforced in accordance with such modification, preserving to the fullest.

Survival

All provisions of these Terms and Condition which are by their nature intended to survive the expiration or termination, shall survive on such expiration or termination.

Terms of Service – Specific to Candidates

The Following Are The Terms of Service For Use of the WEBSITE www.monjin.com between you (hereinafter referred to as“You”/ “Candidate”/ “User” ) AND MONJIN INTERVIEWS PRIVATE LIMITED (hereinafter referred to as ” Monjin”). Monjin” and “Candidate/User” shall be individually referred to as the “Party” and collectively as “Parties”.

This page states the "Terms of Service" under which You may use www.monjin.com, an on-line service to post your professional information, give and record online video interviews and get employment opportunities through the platform by allowing views of such recordings and professional information to potential employers who have availed Monjin’s services.

Eligibility

You must be minimum 18 years of age to use the Website. By visiting the Website and accepting these Terms of Service, You represent and warrant to Monjin that You have completed 18 years of age and that You have the right, authority and capacity to use the Website and agree to and abide by these Terms of Service.

Registration And User ID

As a ‘User’ You are required to log in the Website by signing up. You may choose a user name and password of your choice, subject to availability and technical feasibility or choose to use any of your social login credentials in order to enable You to access your account (Monjin Account). You shall also fill in the data about yourself (Candidate’s data) in the signup form. You understand that, if you are registering of your own accord under the OCOI model, Monjin shall be entitled to display the Candidate’s data on its Website and the same shall be visible to all subscribing employers and users with whom they share it. If you are registering against an invite from a particular subscribing

employer under the YCOI, YCYI/ Monjin Basics or One-way models, your data shall be visible to the inviting employer ( Monjin client) and users with whom they share it.. You acknowledge and agree that You are solely responsible for the form, content and the accuracy of any resume or material posted by You on the Website.

You shall be solely responsible for safely using the password and Monjin shall not be responsible for loss/theft of data/corruption of data or the misuse of the password or of the Candidate’s data and any damage or disclosure of information and its consequential usage by any third party. However, Monjin shall take all reasonable precautions to prevent disclosure/misuse of the password granted to the Candidate.

Under the Monjin BASICS model, you will not be required to sign up. The Candidate data shall be visible to the inviting employer under this model.

If you are using the services of a partner and are redirected to Monjin for an interview from a partner website under the ‘Partner MODEL’ then candidate data shall be controlled by the partner website and the relevant terms of the partner website shall apply.

Candidate’s Data and Submission

You are solely responsible for your data - Candidate’s data that You submit, publish or display (hereinafter, "post") on the Website or transmit to other users. By posting Candidate’s data on the Website, You automatically grant, and You represent and warrant that You have the right to grant, to Monjin/ Subscribing employers / partner websites a non-exclusive, perpetual, fully paid, worldwide license to use, copy, perform, display, and distribute such Candidate’s data and to prepare derivative works of, or incorporate into other works, such Candidate’s data, and to grant and authorize sublicenses thereof.

The audience of content posted by you will depend on the Service model against which you are invited, or signup and the content exclusivity choice opted for by the inviting Employer. You can also control the audience through the privacy settings available to registered users which is also subject to the Service model under which you are invited or sign up and is subject to technical limitations

Monjin neither guarantees nor offers any warranty about the credentials bonafides, status or otherwise of the prospective employer/organization which downloads the resume/ videos/any other media, Candidate’s data and uses it to contact the Candidate.

Monjin has no obligation to screen communications or information in advance and is not responsible for screening or monitoring Candidate’s data. However, Monjin may review and delete any Candidate’s data that, in the sole judgment of Monjin, violates these Terms of Service, violates applicable law, rule or regulation, is offensive or illegal or violates the rights of, harms or threatens the safety of users of the Website.

Monjin reserves the right to curate certain type of data that the candidate uploads during registration to enable better experience to its users. If such curation is done, and the candidate disagrees with the curated data and wants the same to be changed, it will be the responsibility of the candidate to request Monjin for such change. Monjin at its sole discretion shall entertain such requests on a case by case basis.

Obligations of Candidate with respect to Video Interviewing

  1. Monjin provides internet based services that enable employers to connect with potential employees using a number of models which include video interviewing.
  2. Once the Candidate has opted for the option of video interviewing, Monjin shall enable the video interview with any of the empanelled Interviewer(s) On the Monjin platform/website or a one way interview against a set of pre-defined questions.
  3. Monjin will schedule session of video interviewing for the Candidate and intimate the candidate about the schedule on his/her registered email id via an email or on the registered mobile number via SMS. In case the Candidate fails to connect with the Interviewer as above, the Interview shall be cancelled and it will be Monjin’s sole discretion to allow or disallow another fresh schedule to such candidates.
  4. Monjin reserves its right to cancel any Interview without assigning any reason and re-schedule the same and no claim whatsoever will be entertained in this regard.
  5. The entire obligation of Monjin is to arrange for an Interview with any one of the Monjin empanelled Interviewer on the platform
  6. The Candidate understands and agrees that the duration of the Interview is the sole discretion of the Interviewer and Monjin neither guarantees nor offers any warranty as to the duration of the Interview and no claims whatsoever will be entertained on this ground.
  7. The Candidate understands that the feedback provided by the Interviewer is based on the Interviewer’s assessment of the Candidate and Monjin does not offer any warranty as to the objectivity of the feedback.
  8. The Candidate agrees that the session of video interviewing conducted with a Interviewer shall be maintained and stored by Monjin in a manner that shall ordinarily be accessible to the clients of Monjin. The Candidate hereby grants Monjin non-exclusive, world-wide, royalty-free right to publish, distribute, use, reproduce, modify, translate and publicly display (in whole or in part) in any manner, place, or medium whatsoever such session of video interviewing. Further the Candidate acknowledges that Monjin shall have the sole discretion to refuse to post, remove or delete any matter, or may block or terminate access to any person including the Candidate the session of video interviewing maintained or stored by Monjin .
  9. The Candidate shall not during his /her interactions with the Interviewer use any unparliamentarily language or behave improperly. In case of a complaint of use of unparliamentarily language or any other improper behavior by the Candidate is received by Monjin then Monjin shall at its sole discretion bar the Candidate from the Website. Similarly any use of unparliamentarily language or any other improper behaviour by the Interviewer shall be reported by the Candidate to Monjin immediately.
  10. The Candidate understands that the Interviewer has a liberty to ask questions to the Candidate at his/her discretion. Further the Candidate has liberty to answer the questions asked by the Interviewer at his/her discretion. However, the Candidate understands and agrees that as a result of such answers of the Candidate if any liability results related to breach of confidentiality or if the Candidate incurs any loss of opportunity, it will be solely the responsibility of the Candidate and Monjin shall not be liable in any way for the same.

Obligations of candidates coming in through the Partner MODEL

The Website enables Candidates to share their online video interview to potential employers of their choice (the “Employers”).

Once the Candidate has opted for the option of video interviewing, Monjin shall enable the video one way interview against a set of question which are approved by the Monjn Partner.

All aspects of the interview will be controlled solely by Monjin. Accordingly, the following principles will apply:

  • The entire obligation of Monjin is limited to arranging a one-way interview;
  • Monjin will enable one or more sessions of video interviewing for the Candidate based on Candidate’s authorization on the Partner Website. The Candidate can initiate the video interview from the Partner Website and complete it, subject to the Candidate fulfilling the minimum technical requirements with respect to hardware, software and internet bandwidth;
  • The technology that Monjin uses requires the candidate to have a laptop / Android mobile phone with a front camera and a working microphone. The browsers supported are Google Chrome V38+ or Mozilla Firefox V34.0+, Opera, and the domains that Monjin uses to be whitelisted and minimum internet bandwidth of 1 Mbps upload speed, 1 Mbps Download speed and ping time of 50 ms or less;
  • The duration of the interview is at the sole discretion of the Monjn Partner and Monjin neither guarantees nor offers any warranty as to the duration of the interview and no claims whatsoever will be entertained on this ground;
  • The session of the video interview conducted with an interviewer shall be maintained and stored by Monjin for a period of 1 (one) year from the date of interview. A link in the form of a thumbnail shall be available to the candidate under his/her login on the Partner Website;
  • The Candidate shall be able to share the video interview with Employers of his/her choice (the “Recipient”) by entering the name and e-mail of such Recipient. The Candidate shall also be able to set the expiry of each share in number of days, after which the Recipient will not be able to play the video;
  • The Recipients will be required to punch in the e-mail id on which they have received the shared video and accept the ‘Terms of Use’ and ‘Privacy Policy” before being able to view such shared videos. One recipient will be able to play 1 (one) video for a maximum of 10 (ten) times; and
  • Monjin shall have the sole discretion to refuse to post, remove or delete any matter, or block or terminate access to any person, including the Candidate, the video interview maintained or stored by Monjin.

The Candidate shall, during the course of the interview, act in a professional manner. Further, the Candidate shall not during his/her interactions use any un-parliamentary language or behave improperly or in an objectionable manner. In case of a complaint of use of un-parliamentary language or any other improper behaviour by the Candidate is received by Monjin, then Monjin may, at its sole discretion, terminate the access of the Candidate to the Website and the Services.

The Candidates understand that the questions configured for each job are approved by the Monjn Partner, which the Candidate has to answer at his/her discretion. However, the Candidate understands and agrees that, as a result of such answers of the Candidate, if any liability results related to breach of privacy or if the Candidate incurs any loss of opportunity, it will be the sole responsibility of the Candidate and Monjin shall not be liable in any way for the same.

The Candidates may share his/her video interview using his/her login on the Partner Website for sharing with potential Employers, it being clarified that the video interview will, in all events, be hosted on the Website and on Monjin’s servers and systems.

No Guarantees of Employment

Monjin is not an employment agency. Monjin does not make any representations as to the qualifications of any individual, entity or employer.

Monjin offers no guarantee nor warranties that there would be a satisfactory response or any response at all once the resume or interview is posted or Candidate data is uploaded by the Candidate. Additionally, Monjin does not guarantee that any individual or entity will find employment through Monjin Services.

Additionally, even if the Candidate successfully secures employment, Monjin makes no guarantees or representations as to the satisfaction of such employment.

Termination

These Terms of Service of use will remain in full force and effect while You are a user of the Website. Monjin reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of candidate’s data from the Website and immediate termination of your registration or ability to access the Website, upon any breach by You of these Terms of Service of use.

Either party can end this agreement at any time. Monjin or the candidate may terminate this Agreement at any time with notice to other. On termination, you lose the right to access or use the Services. The following shall survive the termination –:

  • In case of YCOI, YCYI, Monjin BASICS and One way models where the inviting Employer is the data controller -The right of such Employer to use and share content, feedback and information created by you through the service prior to termination.
  • In case of partner MODEL – as per the terms of use of the partner website
  • Sections related to intellectual property, dispute resolution, limit of liability and indemnification of Monjin.
  • Any amount owed by either party prior to termination remain owed after termination.

You can contact us on privacy@monjin.com for initiating the deletion of your account with subject line ‘Delete my account’ or request deactivation through your profile settings

Terms of Service – Specific to Interviewers

The Following are “Terms of Service” of the WEBSITE www.monjin.com between you (hereinafter referred to as “You”/ “Interviewer” / “Expert”) and MONJIN INTERVIEWS PRIVATE LIMITED (hereinafter referred to as” Monjin”). Monjin” and “Interviewer” shall be individually referred to as the “Party” and collectively as “Parties”.

This page states the "Terms of Service/ under which You may use www.monjin.com, an on-line service to post your professional information, take online video interviews to assess users who register as candidates on Monjin website, and earn financial rewards under the Monjin Royalty Program (The reward program shall not be applicable for interviewers under the YCYI and Monjin BASICS model*) . If You do not accept the Terms of Service stated herein, do not use the Website and its services.

Eligibility

You must be minimum 18 years of age to use the Website. By visiting the Website and accepting these Terms of Service, You represent and warrant to Monjin that You have completed 18 years of age and that You have the right, authority and capacity to use the Website and agree to and abide by these Terms of Service.

Registration And User ID

You are required to log in the Website by signing up. You may choose a user name and password of your choice subject to availability and technical feasibility or choose to use any of your social login credentials in order to enable You to access your account (Monjin Account). You shall also fill in the data about yourself (Interviewer data) in the signup form. You understand that Monjin shall be entitled to display the Interviewer’s data on its Website and the same shall be visible to visitors/ users of the Website, depending on the privacy settings chosen by you and the model under which you are registering. You acknowledge and agree that You are solely responsible for the form, content and the accuracy of any resume or material contained therein posted by You on the Website.

You are required to log in the Website by signing up. You may choose a user name and password of your choice subject to availability and technical feasibility or choose to use any of your social login credentials in order to enable You to access your account (Monjin Account). You shall also fill in the data about yourself (Interviewer data) in the signup form. You understand that Monjin shall be entitled to display the Interviewer’s data on its Website and the same shall be visible to visitors/ users of the Website, depending on the privacy settings chosen by you and the model under which you are registering. You acknowledge and agree that You are solely responsible for the form, content and the accuracy of any resume or material contained therein posted by You on the Website.

Under the Monjin BASICS model, you will not be required to sign up. The Candidate data shall be visible to the inviting employer under this model.

Access to the Website and Restrictions

Access to monjin website as an “Interviewer” is a privilege and not guaranteed for all users. Subject to the Terms of Service of this Agreement, you will have access to Monjin’s website www.monjin.com as an “Interviewer” only if you have cleared the Monjin requirements. Monjin reserves the right to limit your use of the services including the access as an “Interviewer” even after granting the privilege if Monjin believes that you may be in breach of this agreement or law or are misusing the services (e.g. Violating any Dos and Don’ts). Notwithstanding anything contained herein, each interviewer shall enter into a binding contract with Monjin governing the terms and conditions of service between the Interviewer and Monjin, which terms shall override these Terms of Service (“Interviewer’s Contract”). Each interviewer further acknowledges and agrees that: (i) all content and other materials provided by the interviewer to Monjin, either on the Site or otherwise, in furtherance of his services to Monjin (“Interviewer’s Content”) shall be and remain the exclusive property of Monjin; (ii) the interviewer, without any additional compensation, irrevocably and perpetually assigns to Monjin any and all worldwide rights, including all intellectual property rights, in Interviewer’s Content; (iii) Monjin shall have the right to use Interviewer’s Content, in perpetuity and in any manner Monjin determines in its sole discretion, without any further payment to the interviewer whatsoever; and (iv) in no event shall the Interviewer’s Contract contain any term or condition which will limit Monjin’s ability to provide its services to its clients/customers, including on the usage of Interviewer’s Content. The foregoing terms shall form part of the Interviewers Contract

Interviewer’s Data and Submission

You are solely responsible for your data - Interviewer’s data that You submit, publish or display (hereinafter, "post") on the Website or transmit to other users. You agree to submit a copy of your resume at the time of registration and give consent to Monjin to conduct Background verification to enable the empanelment process. You also agree to undertake the empanelment interview and undergo mandatory training program of interview structures/patterns, dos and don’ts and assessment technique provided by Monjin.

The Interviewer has represented and warranted to Monjin that he/she has the full authority to disclose and use Interviewer’s Data without violating the rights of any other party.

Monjin reserves the right to curate certain type of data that the interviewer uploads during registration to enable better experience to its users. If such curation is done, and the interviewer disagrees with the curated data and wants the same to be changed, it will be the responsibility of the interviewer to request Monjin for such change. Monjin at its sole discretion shall entertain such requests on a case by case basis.

The Interviewer hereby confirms that his/her contract of employment and / or policies including confidentiality and non-compete of current/ past employer do not in any manner restrain him from performing his obligations in accordance with this Agreement.

The Interviewer understands and agrees that Monjin shall not be responsible or liable for any such breach committed by the Interviewer and the Interviewer shall indemnify Monjin in this regard.

Obligations of the Interviewer in Protecting Personal Data By virtue of working with Monjin as interviewer, you will get access to personal information of the candidates and at times confidential information of the Employer/ Clients. It is your responsibility to protect this information from unauthorized access or disclosure. You hereby confirm to abide by following data privacy requirements.

You shall apply following rules of EU Data Protection Directive 95/46/EC, while processing the personal data.

  1. Purpose limitation: data must be processed and subsequently used or further communicated only for the specific purposes of assessing candidature of a Candidate. Data must not be kept longer than necessary for the purposes for which they are transferred.
  2. Data quality and proportionality: data must be accurate and, where necessary, kept up to date. The data must be adequate, relevant and not excessive in relation to the purposes for which they are transferred and further processed.
  3. Transparency: Data Subjects must be provided with information as to the purposes of the processing and the identity of the Data Controller in the third country, and other information insofar as this is necessary to ensure fair processing, unless such information has already been given by the Data Exporter.
  4. Security and confidentiality: technical and organizational security measures must be taken that are appropriate to the risks, such as unauthorized access, presented by the processing. Any person acting under the authority of the Data Controller, including a Processor, must not process the data except on instructions from the Controller.
  5. Rights of access, rectification, erasure and blocking of data: as provided for in Article 12 of Directive 95/46/EC, the Data Subject must have a right of access to all data relating to him that are processed and, as appropriate, the right to the rectification, erasure or blocking of data the processing of which does not comply with the principles set out in this Appendix, in particular because the data are incomplete or inaccurate. He should also be able to object to the processing of the data relating to him on compelling legitimate grounds relating to his particular situation.
  6. Restrictions on onwards transfers: further transfers of personal data from the data importer to another controller established in a third country not providing adequate protection or not covered by a decision adopted by the Commission pursuant to Article 25(6) of Directive 95/46/EC (onward transfer) may take place only if either:
    1. data subjects have, in the case of special categories of data, given their unambiguous consent to the onward transfer or, in other cases, have been given the opportunity to object. The minimum information to be provided to data subjects must contain in a language understandable to them:
      1. the purposes of the onward transfer,
      2. the identification of the Data Exporter established in the Community,
      3. the categories of further recipients of the data and the countries of destination, and
      4. an explanation that, after the onward transfer, the data may be processed by a Controller established in a country where there is not an adequate level of protection of the privacy of individuals; or
    2. the Data Exporter and the Data Importer agree to the adherence to the Clauses of another Controller which thereby becomes a party to the Clauses and assumes the same obligations as the Data Importer.
  7. Special categories of data: where data revealing racial or ethnic origin, political opinions, religious or philosophical belief or trade union memberships and data concerning health or sex life and data relating to offences, criminal convictions or security measures are processed, additional safeguards should be in place within the meaning of Directive 95/46/EC, in particular, appropriate security measures such as strong encryption for transmission or such as keeping a record of access to sensitive data.
  8. Direct marketing: where data are processed for the purposes of direct marketing, effctive procedures should exist allowing the Data Subject at any time to 'opt-out' from having his data used for such purposes.
  9. Automated individual decisions: the Data Subjects are entitled not to be subject to a decision which is based solely on automated processing of data, unless other measures are taken to safeguard the individual's legitimate interests as provided for in Article 15(2) of Directive 95/46/EC. Where the purpose of the transfer is the taking of an automated decision as referred to in Article 15 of Directive 95/46/EC, which produces legal effects concerning the individual or significantly affects him and which is based solely on automated processing of data intended to evaluate certain personal aspects relating to him, such as his performance at work, creditworthiness, reliability, conduct, etc., the individual should have the right to know the reasoning for this decision

You will take appropriate technical and organizational safeguards to protect the personal information of the Data Subjects. Specifically, you will:

  • Not share your user account credentials with anyone
  • Use appropriate anti-virus or malware protection on the computer from where you will access the personal information
  • Not try to copy or capture the Monjin system information on your local machine
  • Not try to copy or capture the Monjin system information on your local machine
  • Keep the physical access to the computer used for interviewing will restricted individuals
  • Keep the browsers used for accessing Monjin system current and up to date
  • Immediate inform Monjin within 24 hours about any potential information leakage or incident that may jeopardize Monjin information available or accessible to you

You agree to the beneficiary rule of the EU Data Protection Directive where a Data Subject may enforce against you if Monjin entity is deemed insolvent with no successor entity.

Obligations of the Interviewer for Conducting Video Interviews

  1. Monjin shall provide the Interviewer with an online calendar wherein he/she can mark the availability slots which shall be visible to candidates matching the skills of the interviewer.
  2. Once any candidate accepts a slot given by YOU, you shall get an e mail notification about the confirmation of the interview and then be required to login to conduct the interview with the said candidate on that particular day and time. Failing to login against such a ‘confirmed slot’ shall be treated as a ‘NO SHOW’ and corresponding points shall be deducted under the Monjin Royalty Program in force at that time.
  3. Your interview may also be scheduled with a candidate by off line co-ordination with you and the said candidate by Monjin
  4. You shall have access to the details of the Candidate (CV, etc.) in the ‘green room’ from the point in time that any candidate accepts a slot given by you and similarly the Candidate shall have access to the details of the Interviewer.
  5. The Interviewer shall observe the guidelines of the interview provided by Monjin and conduct the assessment in line with the Monjin assessment techniques covered in the training.
  6. The Interviewer shall maintain a disturbance free environment during the session of video interviewing and ensure that the technical requirements (as specified at https://app.monjin.com/home/systemrequirements) for successful completion of online video interview are maintained at his/her end.
  7. Monjin expects that the Interviewer shall conduct the interview for about 30 minutes to 60 minutes in order to assess the Candidate’s suitability either against the position which the Candidate has applied for or the primary skills or expertise area that the candidate wishes to be assessed on.
  8. The Interviewer ( except under YCYI/ Monjin BASICS) provides consent to Monjin that the session of video interviewing conducted and recorded with a Candidate shall be maintained and stored by Monjin in a manner that shall ordinarily be accessible to the subscribers/users of Monjin depending on the Privacy settings chosen by you. The Interviewer hereby grants Monjin, irrevocable, world-wide, royalty-free right to publish, distribute, use, reproduce, modify, translate and publicly display (in whole or in part) such session of video interviewing on its website or mobile app. Further the Interviewer acknowledges that Monjin shall have the sole discretion to refuse to post, remove or delete any matter, or may block or terminate access to any person including the Interviewer the session of video interviewing maintained or stored by Monjin.
  9. The Interviewer shall not during his /her interaction with the Candidate use any unparliamentarily language or behave improperly. In case of a complaint of use of unparliamentarily language or any other improper behaviour by the Interviewer is received by Monjin then Monjin shall at its sole discretion bar the Interviewer from the Website and terminate this Agreement. Similarly any use of unparliamentarily language or any other improper behaviour by the Candidate shall be reported by the Interviewer to Monjin immediately.
  10. The Interviewer hereby specifically undertakes that she/he, at all times, comply with the requirements of the local law for the time being in force. The Interviewer hereby agrees that in case of breach of the above condition, he/she alone shall be responsible for the consequences thereof and that he/she alone shall be liable for civil and criminal liability that may arise.
  11. The Interviewer has a liberty to ask questions to the Candidate at his/her discretion while adhering to the Monjin guidelines, . However, the Interviewer understands and agrees that as a result of such questions if any liability results related to breach of privacy or if the Interviewer incurs any loss of opportunity, it will be solely the responsibility of the Interviewer and Monjin shall not be liable in any way for the same.

Interviewer progression

Depending on the outcome of your empanelment process you may be required to conduct a few trial interviews before the reward program is activated for you. Under the reward program, you shall be eligible for pay-outs on a periodic basis as per the rate agreed between you and Monjin. Once activated, your performance as an interviewer shall be gauged based on punctuality, feedback on the effectiveness of interviewing. Your proficiency level shall be altered accordingly. Monjin reserves the right to allocate the proficiency level and associated rate based on feedback received from its users. Any change in the proficiency level and/or rate shall be communicated to you and the new rate shall apply for all interviews scheduled after the date of such intimation.

Assignment

The Interviewer agrees that he shall not in any manner transfer or assign his rights or obligations under this Agreement. Monjin may, however, transfer or assign all of its rights and obligations under these Terms of Service, without any notice to the Interviewer, to any entity whether or not such entity is currently in existence.

Confidentiality

The Interviewer recognizes, accepts and agrees that all information of any nature or kind obtained/received/gained by or disclosed/communicated to the Interviewer pursuant to this Agreement shall be treated as proprietary to Monjin and as confidential by Interviewer during and after the term of this Agreement, whether or not such information is designated as being confidential or not. Interviewer undertakes, covenants and agrees with Monjin that Interviewer shall not disclose any confidential information of Monjin to any person nor use the same for any purpose whatsoever after the expiry or prior termination of this Agreement. Interviewer expressly agrees to indemnify and keep Monjin fully indemnified and harmless at all times from and against all/any consequences arising out of any breach of this undertaking by Interviewer. The above terms of confidentiality and indemnity shall survive the termination or expiry of this Agreement. Relationship between the Parties

The Parties agree and confirm that the relationship intended to be created by this Agreement will solely be that of two independent Parties. By virtue of this Agreement neither Party shall be deemed to be the other Party’s agent, partner, joint venture or to imply that Interviewer is in any way connected with or an associate of Monjin nor imply any relationship of principal and agent or employer and employee or any other relationship between the Parties other than as specifically permitted in terms hereof.

Relationship between the Parties

The Parties agree and confirm that the relationship intended to be created by this Agreement will solely be that of two independent Parties. By virtue of this Agreement neither Party shall be deemed to be the other Party’s agent, partner, joint venture or to imply that Interviewer is in any way connected with or an associate of Monjin nor imply any relationship of principal and agent or employer and employee or any other relationship between the Parties other than as specifically permitted in terms hereof.

Termination

These Terms of Service of use will remain in full force and effect while You are a user of the Website. Monjin reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of candidate’s data from the Website and immediate termination of your registration or ability to access the Website, upon any breach by You of these Terms of Service of use. Either party can end this agreement at any time. Monjin or the candidate may terminate this Agreement at any time with notice to other. On termination, you lose the right to access or use the Services. The following shall survive the termination –:

  • The right of Monjin and its users/clients to use and share content, feedback and information created by you through the service prior to termination.
  • Sections related to intellectual property, dispute resolution, limit of liability and indemnification of Monjin.
  • Any amount owed by either party prior to termination remain owed after termination.
You can contact us on privacy@monjin.com for initiating the deletion of your account with subject line ‘Delete my account’ or request deactivation through your profile settings, subject to there being no interviews which are already scheduled with you or interviews where your feedback in pending.

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