The Agreement constitutes the understanding between you and Amplifi in relation to your use of the Website and/or the services. By using this Website and/or the services you indicate your acknowledgment and acceptance of the Agreement. The Agreement will apply to all registered users on the Website and to visitors’, i.e., users who simply browse the Website. If you do not wish to be bound by the Agreement, you may not access or use the Website or any of the services offered through it. Clark & Kent reserves the right to modify this Agreement at any time, and such changes shall be deemed effective immediately upon posting of the modified Agreement (with the date on which the modification was made) on the Website. Your continued use of this Website following the posting of changes will indicate your acceptance of those changes.
DESCRIPTION OF SERVICE
Clark & Kent is an executive search firm and provides leadership hiring services to clients in India and abroad.
USE/CHANGES IN SERVICE
By using the Service (clients and candidates) you accept and agree to be bound by the Agreement. Clark & Kent reserves the right to suspend, cancel, or discontinue any Service or the entire Website itself at any time or make modifications and alterations in any or all of the contents and/or Services contained on the Website at its sole discretion. The provisions regarding disclaimer of warranty, accuracy of information and indemnification shall survive such termination, change, suspension or discontinuation.
By registering on the Website or contacting us through the Website, you represent that you are a major and legally entitled to contract under Indian law, and are not barred by any law, in any jurisdiction or bound by any agreement that restricts your right to accept the Agreement or use the Website and/or the Services. In the event, you are a minor as per Indian law, or if you are barred by any law, in any jurisdiction or bound by any agreement that restricts your right to accept the Services, you may not register or contact us through the Website and avail the Service provided in the Website. Clark & Kent reserves the right to accept your registration on the Website.
In order to register/contact us for availing the Services, you will be required to provide certain information required by us, which will include your personal information. “Personal Information” means data that allows someone to identify or contact you (e.g. your name, address, telephone number, e-mail address). “Non-Personal Information” means data that is not associated with or linked to your Personal Information will never be asked and neither should you provide it voluntarily.
You agree to: (a) provide true, accurate, current and complete information about yourself (such as your name, email id, phone number) as required in the contact us portion of the Website available at https://clarknkentinc.com (“Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and/or refuse any or all current or future use of the Website or any portion thereof.
You will immediately notify Website at firstname.lastname@example.org of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security of your account. Clark & Kent will not be liable for any losses caused to you, whether directly or indirectly for any unauthorised use of your account or for your failure or delay to intimate Clark & Kent of known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your Personal Information.
You may not sell, trade, or transfer an account to another person, nor accept or use an account that was not originally yours. If you violate these conditions, your account will be terminated immediately.
Each registration is for a single user only. Therefore, we do not permit any of the following:-
Any other person sharing your account.
Any part of the Website being cached in proxy servers and accessed by individuals who have not registered or created an account on the Website.
Access through a single account being made available to multiple users on a network.
Transmissions over the Internet are never 100% secure or error-free. However, we take reasonable steps to protect your information/data from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. It is your responsibility to notify us through email@example.com if you ever suspect that the information provided by you to the Website has been compromised. You are solely responsible for any unauthorized use of the Website conducted via your account.
Information we collect and use of such information
We use information collected from the Website only for the purpose of providing the Services to you. The following instances are when data might be collected by the Website; when you (i) request information; (ii) apply to use or participate in or subscribe to any Service offered through the Website; (iii) submit any content in the Website; (iv) register/create an account; or (vi) otherwise actively send data through/using the Website. The Website will collect, use, store and archive information about you in the following general categories:
- a) Information you submit: We access Personal Information such as your name, email address(es), telephone/mobile number(s) in order to provide the Services, to create accounts, to communicate with you and to improve the Website and the Services. We may send e-mails to you regarding news of the Services or offers by us or our affiliates. In each such instance, you will know what data we collect through the Website, because you actively submit it.
- b) Information we automatically collect: As part of the standard operation of the Website, we may collect Non-Personal Information from your computer or mobile device, including but not limited to your browser type, operating system, IP address and the domain name from which you accessed the Website. In addition, we may collect information about how you use our Website, such as the date and time you visit the Website, the areas or pages of the Website that you visit, the amount of time you spend viewing the Website, the number of times you return to the Website and other click-stream data. We collect such information to evaluate the performance of the Website and Services and the general preferences of users, or to generate anonymous statistics for our benefit or for our business partners. Because Non-Personal Information is entirely anonymous, and therefore can never be used by us to identify you, this policy does not limit our ability to use or disclose Non-Personal Information.
Disclosure of Information
We do not share your Personal Information with others, except as follows: We will share your information in the good faith belief that disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable legal or governmental request in any part of the world (b) enforce applicable Agreement, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) protect against imminent harm to the rights, property or safety of the Website, its users or the public as required or permitted by law or (e) respond to claims that any content violates the rights of third parties. We may also share your Personal Information where you have granted us permission, and we reserve the right to fully use and disclose any information collected via the Website that is not in personally identifiable form.
We may use third-party advertising companies to serve ads when you visit the Website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. If you enter and win a contest or other promotion, you expressly consent to us (a) providing your Personal Information (e.g., your name and address) to the third party providing the prize for the contest or other promotion, solely to provide you such prize and (b) publicly disclosing your name and the fact that you won the contest or promotion.
Disclosure of Information
In relation to Personal Information shared, you may choose to withdraw consent to share or use any Personal Information at any time by sending a written request to firstname.lastname@example.org . If you opt-out under such circumstances, we will respect your decision; however, we may discontinue the provision of Services for which such Personal Information was sought, as the continued provision of such Services is dependent on such Personal Information.
We may send you certain emails in relation to the proper functioning of your account, your opinion of current services or of potential new services to be offered on the Website or any promotional material. If you wish to opt-out of receiving promotional emails, please send a request to email@example.com
We will retain your information for as long as your account is active or as needed to provide you Services. Provided however, we may retain certain data contributed by you if we believe it may be necessary to prevent fraud or future abuse, or if required by law.
This Website is owned and operated by Clark & Kent Management Consulting Pvt Ltd. All content made available on the Website including but not limited to any text, images, graphics, data, database, software, videos and audio used on this Website (“Content”) belong to Amplifi or has been licensed to Clark & Kent by third parties. Any use, including the reproduction, modification, adaptation, distribution, translation, transmission, re-publication or in any other way exploitation of the Content is strictly prohibited. The Website, the Services and the Content are made available solely for your own personal, non-commercial and lawful use. Nothing contained on the Website should be considered as granting you, by implication, estoppel, or otherwise, any license or right to use any trade-marks, logos, or other names contained in the Website without the expressed written consent of the applicable rights holder.
UNDERTAKING, REPRESENTATION AND COVENANTS OF THE USER
When using this Website, you expressly undertake, represent and covenant that you shall not:
- a) Restrict or inhibit any other user from using or enjoying this Website, or the Services, including without limitation by means of hacking or defacing any portion of this Website or the Services.
- b) Transmit any information that contains a virus, worm, time bomb, trojan horse or other harmful or disruptive component.
- c) Reproduce, duplicate, copy, sell, resell or exploit for any commercial or unlawful purposes, any Content or any portion of the Website.
- d) Remove any copyright, trademark, or other proprietary rights notices contained in this Website or any Content downloaded from the Website.
- e) Frame, mirror or link any part of the Website without Amplifi’s prior written authorization.
- f) Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Website or the Content or to retrieve or index any portion of the Website or collect information about users.
- g) restrict or inhibit any other user from using and enjoying the Website or the Services.
- h) use the Website or the Services for any illegal or unauthorized purpose.
This Website may contain hyperlinks or other connected devices, which will allow you to use this Website and access other websites. Clark & Kent is not responsible and assumes no responsibility for the contents of any non-Clark & Kent linked website, or for any potential damage arising out of or in connection with the use of any such link. The websites to which links are provided in this Website are not under the control of Clark & Kent. Access to any other website linked to this Website is at the user’s own risk.
In addition, the existence of a link between this Website and any other Website is not and should not be understood to be an endorsement by us of any material, substance, information or the owner or proprietor of the linked website, and such link shall not imply nor create any relationship or endorsement between Clark & Kent and the owner or proprietor of such linked website.
Amplifi or any third party advertisers may display advertisements and promotions on the Website. The manner, mode and extent of advertising by Clark & Kent on the Website are subject to change. By clicking on any advertisements you may leave the Website and be directed to another website. If you decide to visit any such website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Clark & Kent makes no warranty or representation regarding the same and does not endorse, any linked websites or the information appearing thereon or any of the products or services described thereon.
Clark & Kent makes no warranty or representation regarding the merchantability, fitness for particular purpose, availability, efficacy, reliability, durability of any product or service advertised on the Website.
This website, the information, applications and materials on the website and the services are provided “as is” without any representation or warranty, express or implied, of any kind, including, but not limited to, warranties of non- infringement, or fitness for any particular purpose. There is no warranty of any kind, express or implied, regarding any third party content. There is also no warranty that this website or the services will be free of any computer viruses. Amplifi provides no warranty that:
(a) this website or the services will meet your requirements;
(b) this website or the services will be available on an uninterrupted, timely, secure, or error-free basis;
(c) any content offered through the website or the services will be accurate or reliable.
LIMITATION OF DAMAGES
In no event shall Clark & Kent or any of its affiliates be liable to any person for any direct, indirect, special, consequential or other damages (including, without limitation, any lost profits, business interruption, loss of information or programs or other data on your information handling system) that are related to the use of, or the inability to use, the content, materials, and functions of the website or the services or any linked web site.
COMPLETENESS OF INFORMATION ON THE WEBSITE
Whilst every effort to update the information contained on this Website is made, neither Clark & Kent or its affiliates nor any of its licensors make any representations or warranties, whether express or implied as to the accuracy, authenticity, validity, completeness or reliability of any information, opinions, data and/or Content contained on this Website or the Services.
Clark & Kent reserves the right at any time to change or discontinue without notice, any aspect or feature of this Website, the Services or the entire Website or Services itself.
You agree to indemnify and hold harmless Clark & Kent and its affiliates from any claim, cost, expense, judgment or other loss relating to your use of this Website, including without limitation of the foregoing, any action you take which is in violation of the terms and conditions of the Agreement
CHOICE OF LAW
The Agreement shall be governed by the laws of the Republic of India without giving effect to its conflict of laws provisions. The Agreement shall be subject to the exclusive jurisdiction of the courts at Mumbai, India.
NO THIRD PARTY BENEFICIARIES
This contract is solely for your benefit and the benefit of Clark & Kent
If for any reason a court of competent jurisdiction finds any provision or portion of the Agreement to be unenforceable, the remainder of the Agreement will continue in full force and effect.
Without limiting the foregoing, under no circumstances shall Clark & Kent be held liable for any delay or failure in making available the Website or performance of the Services, resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, but without limitation to, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
If you have any concerns, complaints or grievances about the Agreement or other users or their manner of use of the Website, including their use of the Website in any manner to carry out illegal activities or otherwise infringe or violate your rights or any complaints about how we handle your personal information please feel free to contact the Grievance Officer any time at: firstname.lastname@example.org