Accessing, browsing or otherwise using this website indicates your agreement to these terms of use. So please read these terms of use carefully before proceeding.
This document is an electronic record in terms of the Information Technology Act, 2000 and various statutes and rules thereunder as applicable and as amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signature/s.
The domain name www.elitmus.com / elitmus.com and all its sub-domains (hereinafter referred to as "Website") are registered in the name of eLitmus Evaluation Private Limited a company incorporated under the Companies Act, 1956 with its registered office at 3rd Floor, Synerge Workspace, No 10, 14th Main, 5th sector, HSR Layout, Bangalore-560102, Landmarks: Beside Agara Lake. (hereinafter referred to as “eLitmus”).
eLitmus is in the business of providing recruitment solutions to corporates, which include, but are not limited to, employability assessment of job seekers, skill fitment assessment of employees, course admission automation, college fest management, campus placement management, delivery of online as well as pen-and-paper examinations and tests (“Exam”), answer script processing, recruitment related logistic solutions (“Services”) through the Website or other channels.
For the purpose of these Terms of Use, any business transaction with eLitmus, essential to deliver a product and / or service, that requires the use of the Website to complete all or part of the transaction, is also treated as service delivered through the Website. All references to the term “Website” and “Services” in these Terms of Use shall encompass all such transactions, products and services.
Your use of the Website and Services and tools are governed by the following terms of use (“Terms of Use”) as applicable to the Website. By transacting on the Website or by mere use of the Website, You undertake that these Terms of Use constitute Your binding obligations towards eLitmus.
For the purpose of these Terms of Use, wherever the context so requires ‘You’ ‘Your’ or “User” shall mean any natural or legal person who has agreed to become a Registered User of the Website by providing Registration Data while registering on the Website as Registered User through electronic means. eLitmus allows access to surf the Website without registering on the Website and to the extent applicable, these Terms of Use shall be binding on them also. The term “We”, “Us”, “Our” shall mean eLitmus.
The term "Employer" means participating companies who use the Website and hereinafter shall also be included in the term ‘You’ or `User` to the full extent as applicable to their use of the Website.
When You use any of the Services provided by us through the Website, including but not limited to, Test Application, Job Application, Job Posting, and Forums, You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such Services, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is Your responsibility to check these Terms of Use periodically for changes. Your continued use of the Website following the posting of changes will mean that, You accept and agree to the changes. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
Membership Eligibility
Use of the website is available only to Registered Users who can be categorized either as fresh / junior level job seekers or job providers / organizations who wish to hire fresh / junior employees. In either case, You should be eligible to execute legally binding contracts under Indian Contract Act, 1872 and as amended from time to time. If You are a minor i.e. under the age of 18 years, You shall not attempt to become Registered Users of eLitmus and shall not transact or use the Website. As a minor if You wish to use or transact on the Website, such Use or transaction may be made by your legal guardian or parents who have registered as Users of the Website. eLitmus reserves the right to terminate Your membership and refuse to provide You with access to the website if it is brought to Our notice or if we discover that You are under the age of 18 years.
Your Account and Registration Obligations
An account on the Website is created when You become a Registered User as a result of the registration process. Your account on the website can be created either when you go through the registration process on the Website or when you create an account on one of our partner/sister websites. The purpose of an account on the Website is to enable us to uniquely identify You.
If You use the website, You shall be responsible for maintaining the confidentiality of your User ID and Password and You shall be responsible for all activities that occur under your User ID and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms of Use, We shall have the right to indefinitely suspend or terminate or block access to Your account on the Website and refuse to provide You with access to the Website.
The subscription to the Website by the Registered Users is neither re-saleable nor transferable to anybody else.
You shall not create and/or maintain multiple accounts on the Website either in Your own name or on somebody else’s behalf. Maintaining more than one active account on the Website is considered express breach of these Terms of Use. If We detect or have reasonable grounds to believe that You own more than one active account on the Website, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide You with access to the Website. We shall also have the right to legally prosecute You for Your intent to commit fraud.
You understand that eLitmus owns several other websites. The account you create on the Website may automatically register You on one or more such other websites owned by eLitmus. Your profile data may be shared with these other websites. By accepting these Terms of Use, You indicate Your concurrence thereto.
Our contracts with some clients require us to block Your access to Our products and services, for a certain period of time, once You accept a job offer from them. You acknowledge that, if You accept a job from such a client of Ours, You will be unable to apply to other clients during that period of your employment with the current client through us.
Users are prohibited from forwarding/ circulating information hosted on the Website or downloaded from the Website, to other parties. It is solely for the use of that particular User.
eLitmus is free to offer its products and /services to any client/prospective client without restriction.
Shortlisting at any stage by elitmus and / or its clients is not by any means an assurance / commitment / offer of a job from any client of elitmus.
You shall bear all expenses incurred by You towards attending Exam / interview or any event organized by eLitmus. eLitmus shall not reimburse, under any circumstances, any expenses incurred by you.
eLitmus is not liable to share / return / provide copies of, any document(s) submitted by You to Us or to a client under any circumstance. These documents include, but not limited to, answer scripts, question papers, photocopies of marks sheets and certificates.
eLitmus is not liable to share / provide copies of user profiles as available with - Us, except the electronic view as discussed and agreed in the respective business agreements.
Your Exam scores can be withheld for not complying with these Terms of Use and related eLitmus processes.
You understand and agree that eLitmus does not make public or share the answer keys, answer scripts, questions and/or question papers under any circumstances.
You shall not discuss, publish, share, and distribute content that is proprietary to eLitmus, in any form. Among other things, this includes questions from eLitmus question papers.
Communications
When You use the Website or send emails or send other data, information or communication to Us electronically or otherwise, You agree, understand and give your consent to receive communications via electronic records from Us periodically and as and when warranted. We may communicate with You by email or by such other mode of communication, electronic or otherwise.
Charges
At present, Use of the Website is free. There is no charge or fee for browsing and registering on the Website. However We reserve the right to levy a charge or fee and change its policies from time to time. In particular, We may at Our sole discretion introduce new Services and modify some or all of the existing Services offered on the Website. In such an event, We reserve, without notice to You, the right to introduce charges /fees for the new Services offered or amend/introduce fees for existing Services, as the case may be. Changes to the fee and related policies shall automatically become effective immediately once implemented on the Website. Unless otherwise stated, all fees quoted shall be in Indian Rupees. You shall be solely responsible for compliance of all applicable laws while making payments to Us.
Use of the Website
You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding principles:
Throughout this Terms of Use, “eLitmus’ prior written consent“ means a communication coming from eLitmus’ authorised representative, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek such written consent;
Contents Posted on Site
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Website is owned and controlled or licensed by Us, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other media for publication or distribution or for any commercial enterprise, without Our express prior written consent.
You shall be responsible for any notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Website (collectively, " User Content"). Such User Content will become Our property and You grant us the worldwide, perpetual and transferable rights in such User Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the User Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the User Content You provide. You agree that any User Content You post may be used by Us, consistent with Our Privacy Policy and Rules of Conduct on the Website as mentioned herein, and You are not entitled to any payment or other compensation for such use.
Other Businesses
eLitmus does not take responsibility or liability for the actions, products, content and services on the Website, which are linked to Affiliates and / or third party websites using the Website’s APIs or otherwise. In addition, Website may provide links to the third party websites of our affiliated companies and certain other businesses for which We assume no responsibility for examining or evaluating the products and services offered by them. Your use of any such third party websites of our affiliated companies and certain other businesses shall be governed by the terms of use of those respective websites. We do not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). We do not endorse, in any way, any third party website(s) or content thereof.
Links
We welcome links to the Website. You may establish a hypertext link to the Website, provided that the link does not state or imply any sponsorship or endorsement of Your website by Us. You must not use on Your website or in any other manner any trademarks, service marks or any other materials appearing on the Website, including any logos or characters, without Our express written consent and / or the owner of the mark or materials. You must not frame or otherwise incorporate into another third party website or present in conjunction with or juxtaposed against such a website any of the Content or other materials on the Website without Our prior written consent.
Privacy
We view protection of Your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of Our most important assets. We store and process Your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as commercially reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. Our current Privacy Policy is available at https://exam.pac.elitmus.com/reception/privacy.If You object to Your Information being transferred or used in the manner described herein or in Our Privacy Policy, please do not use Website.
Disclaimer Of Warranties And Liability
This Website, all the materials and products (including but not limited to software) and
Services, included on or otherwise made available to You through this Website are provided on “as is” and
“as available” basis without any representation or warranties, express or implied, except as otherwise
specified in writing by Us. Without prejudice to the forgoing paragraph, we DO NOT warrant that:
- This Website will be constantly available, or available at all; or
- The information on this Website is complete, true, accurate or non-misleading.
We will not be liable to You in any way or under any legal theory in relation to the Contents of, or use of, or otherwise in connection with, the Website.
We do not warrant that this Website; information, Content, materials, product (including software) or Services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.
Nothing on the Website constitutes, or is meant to constitute, advice or solicitation of any kind.
You will be required to enter a valid phone number while registering on the Website. By registering Your phone number with Us, You consent to be contacted by Us via phone calls and / or SMS notifications, in case of any job or test or Services related updates. We will not use Your personal information to initiate any promotional phone calls or SMS.
Payment
Payments towards purchases of products and /Services of eLitmus can be made using various channels, which include, but not limited to, Cash, Cheque, Demand Drafts, Wire transfer, or online through Our payment gateway service provider using additional methods as published on the website of the payment gateway service provider.
While availing any of the payment channel/s available on the Website or otherwise, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
All payments made against the purchases of products and /Services on Website by You shall be compulsorily in Indian Rupees acceptable in the Republic of India. We do not accept any other form of currency with respect to the purchases made on Website.
Payment made by credit card, cheque or any other mode as mentioned above should be received by Us on time. If for any reason We do not receive payment from the credit card issuer or any agent involved in any of the above payment modes, You agree that You shall pay all amounts due upon demand by Us.
You are required to pay the full charges / fees for a product/service only once. We do not take any responsibility if you pay multiple times for the same purchase transaction.
Payments made against purchases/services of eLitmus are not refundable under any circumstances.
eLitmus will have no obligation to deliver its Services to You for which You may have already paid, if eLitmus discovers or gets any evidence or suspicion that You may / are likely to misuse eLitmus Services or disrupt/create problem in any process or event or test. In such an event, You forfeit the payment already made.
Exceptions, if any, are at the sole discretion of eLitmus.
Breach
Without limiting other remedies, We may limit Your activity, immediately remove Your information, warn other Users of Your actions, temporarily/indefinitely suspend or terminate or block Your account, and/or refuse to provide You with access to the Website, in the event, but not limited to:
Protection of Trade Secrets
eLitmus uses proprietary and highly researched methods, procedures and algorithms at various places in Our products and Services. These methods, procedures and algorithms are Our valuable and closely guarded Trade Secrets (“TS”). They enable us to deliver Our Services for the benefit of our customers. Our entire business is modeled on these TS, which are proprietary to US.
Following are some of the TS (partial, but indicative list)
By using this Website, You understand and agree that You shall never make any attempt to make public any of Our TS even if You gain knowledge of those accidentally or otherwise. You also agree that you shall not make any attempts to modify, reverse engineer, decompile, create other works from, or disassemble any of our TS.
To protect our TS, We may choose to deny You access to certain information, depending on Our assessment of whether that information can lead to compromising our TS.
Indemnity
You shall indemnify and hold harmless eLitmus, its owner/s, licensee/s, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed by a legal authority due to or arising out of Your breach of this Terms of Use, Privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights of a third party in relation to Your use of the Website, Exam and / Services.
Applicable Law
This Agreement shall be governed by and interpreted and construed in accordance with the laws of India, without reference to conflict of laws principles. The place of jurisdiction shall be exclusively in Bangalore, Karnataka, India.
Invalidation of any provision of this "Terms of use" by any court having competent jurisdiction, shall not invalidate the remaining provisions of this "Terms of Use" which shall remain in full force and effect.
Jurisdictional Issues/Sale in India Only
Unless otherwise specified, the material on the Website is presented solely for the purpose of use in India. We make no representation that materials in the Website are appropriate or available for use in locations/Countries other than India. Those who choose to access this Website from locations/Countries other than India do so on their own initiative and risk and We are not responsible (a) for supply of goods / Services/refund for the goods/ Services ordered from locations/Countries other than India, and (b) compliance with local laws of locations/Countries other than India, if and to the extent local laws are applicable.
Trademark, Copyright and Restriction
This Website is controlled and operated by eLitmus. All material on this site, including images, logos, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by Us or by other parties that have licensed their material to Us. Material on Website owned, operated, licensed or controlled by Us is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and You must not assist / encourage any other person to do so. Without the prior written consent of the owner/s, modification of the materials, use of the materials on any other web site or networked computer environment or use of the materials for any purpose other than Your personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights of the owner/s and is prohibited. Any use for which You receive any remuneration, whether - monetary or otherwise, is a commercial use for the purposes of this clause.
Waiver
Any failure to enforce any term of this Terms of Use shall not constitute a waiver thereof or of any other term. Waiver of any term of the "Terms of Use" shall not be deemed a further or continuing waiver of such term or any other term. No waiver shall be binding unless executed in writing by the party making the waiver.
Copyright infringement complaint
We respect the intellectual property of others. In case You feel that Your work has been copied / used in a way that constitutes copyright infringement, You can write to Us at legal_at_elitmus_dot_com
Description of Job Details
We try to be as accurate as possible. However, we do not warrant that Job description or other Content of this Website is accurate, complete, reliable, current, or error-free.
Pricing/Typographical error
If eLitmus comes across any pricing anomalies resulting from typographical errors regarding pricing or product information, eLitmus shall have the right to rectify the same or cancel the order(s) and refund charges / fees, if any, collected from You within 10-15 business days of such rectification / cancellation. The mode of refund will be the same as the mode used by You at the time of placing the order(s). Refunds for cash purchases will be through cheques.
Rescheduling and/or Cancellation of Exam Centers, Job Events
We reserve the right to reschedule or cancel any Exam center, or job event at our sole discretion without assigning any reason thereof. However, such rescheduling / cancellation of an Exam center or job event, so rescheduled or cancelled, as the case may be, will be intimated to the concerned User. Any applicable refund in case of cancellation of an Exam center will be processed in a reasonable time.
Force Majeure
eLitmus shall not be liable for any failure or delay in performing its obligations hereunder due to any cause beyond its reasonable control, including without limitation, fire, accident, acts of the public enemy, war, rebellion, labour dispute or unrest, insurrection, sabotage, transportation delays, shortage of raw materials, energy or machinery, act of God, government or the judiciary.
Limitation of Liability
In no event shall eLitmus be liable for any special, incidental, indirect or consequential damages of any kind including, without limitation, lost profits, costs of delay, any failure of delivery, costs of lost or damaged data or documentation, or liabilities to third parties arising from any source in connection with these terms of use, even if eLitmus has been informed in advance of the possibility of such damages.
Any decision regarding job posting / hiring on or through the website shall be at the sole discretion of the client/s. eLitmus shall neither influence nor assume any liability for such decisions of the client/s.
Though eLitmus takes commercially reasonable care to verify the credentials of clients who wish to use our products and services, we do not guarantee or vouch for the credentials of any client/s. as a job seeker, you are advised to verify the credentials of clients posting job openings on the website before accepting a job offer or entering into any other form of agreement/contract with them. eLitmus shall not be responsible for any actions of the client/s and shall not be liable for any loss or damages caused to you by the client/s.
Severability
If any provision of these Terms of Use is held unenforceable, the remainder of these Terms of Use will continue in full force and effect.
Our Contact
You may send any questions or comments (including all inquiries other than those related to copyright infringement) regarding this Website to query@elitmus.com
Grievance officer
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Mr. Satish Prasad
eLitmus Evaluation Private Limited
3rd floor, Synerge Workspace, No 10, 14th Main
5th sector, HSR Layout, Bangalore-560102
Landmark: Beside Agara Lake.