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Terms of use

This website: https://www.herkey.com/ ("Portal") and the associated HerKey App ("App") is owned and operated by HerKey Restart Portal Private Limited ("HerKey"), a company incorporated under the Companies Act, 2013, and having its registered office at 11, Kemwell House, Tumkur Road, Bengaluru 560022. The Portal and App shall be collectively referred to as "Portal". Through the Portal, HerKey seeks to facilitate an interactive platform connecting, through the intermediating services of HerKey, those women who are seeking career advancement ("Candidates") with persons and entities who are looking to hire, retrain or otherwise engage any one or more Candidates from time to time ("Employers") and providing professional courses/assessments/expert Services/offline events with the intent to provide learning and skilling opportunities to the Candidates (collectively "Services").


The terms 'HerKey' or 'us' or 'we' refer to the owners of this Portal. The terms 'you' or 'user', and all its grammatical variations, refer to the user or viewer of our Portal. Users of HerKey include Candidates, Employers, Partners, Mentors, Allies and any other future user groups on the Portal.


By browsing, viewing, using the Portal or the Services provided therein you consent to and agree to comply with these terms and conditions of use ("Terms" or "Terms of Use").


HerKey provides the Services subject to the notices, terms, and conditions set forth in these Terms of Use. In addition, when you avail of any of the Services, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such specific Service, which will be deemed to be incorporated into these Terms of Use by reference. HerKey reserves the right to change or modify the Portal, the contents thereof, the Services and these Terms of Use at any time without any prior intimation to you. All modifications will be posted on the Portal and will become effective immediately upon such posting to the Portal. Your continued use of the Portal and/or the Services after such change or modification shall be deemed to be your agreement to the revised/modified Terms of Use. Please review these Terms of Use regularly to remain informed of any change. HerKey retains the right to deny access to the Portal and/or the Services to anyone who it believes has violated any of these Terms of Use or does not accept these Terms of Use.


ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THESE TERMS, AS MODIFIED FROM TIME TO TIME. THEREFORE, PLEASE READ THESE TERMS CAREFULLY BEFORE PROCEEDING.

1. Eligibility

You will be eligible to utilise the Services on the Portal only if you are competent to contract under the Indian Contract Act, 1872. A person is competent to contract under the Indian Contract Act, 1872, if he/she is above eighteen (18) years of age, is of a sound mind and is not disqualified from contracting by any law to which he/she is subject.


By visiting the Portal and accepting these Terms of Use, you represent and warrant that you are competent to contract under the Indian Contract Act. You also represent and warrant to HerKey that you will use the Portal and the Services in a manner consistent with any and all applicable laws and regulations.


2. Registration

In general, you can visit our Portal without revealing your identity or any personal information about yourself. However, you may not be able to access certain areas or Services that require registration or need you to reveal your identity and/or other information about you. Additionally, by creating your profile and submitting your information you confirm that you have read and agree to these Terms of Use and HerKey's Privacy Policy, available at www.herkey.com ("Privacy Policy") .


As a condition to using HerKey's Services you are required to register on the Portal, create a profile with the requisite information and select a password and username. The registration information you provide must be accurate, complete, and current at all times. HerKey reserves the right to terminate any user account that you may setup on the Portal, if it finds, in its sole and absolute determination, that you are in breach of the eligibility criteria set out above or if you violate any of the Terms set out herein.


You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorisation, or a name that is otherwise offensive, vulgar or obscene. You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your account.


Applicable Services on the Portal may be availed by users who shall have to sign up and register with different sections of the Portal, so as to obtain the applicable category of user account and avail of the appropriate Services on the Portal.


To gain access to Services listed on the Portals, Candidates may be required to undertake additional registration procedures specific to the desired Service, including without limitation, registration on the Service page and additional payment protocols. Access to and registration for the Services shall be subject to the Candidate’s compliance with these Terms, as well as the terms and conditions specific to the particular Service and payment of any and all fees and/or dues in relation to the Candidate's participation in the Service.


You agree that, HerKey may, at its sole discretion, at any time suspend and/or cancel the Service(s) and that HerKey shall not be held liable for any damage caused as a result of such altering, amending, suspension or cancellation of the Service(s). In the instance of a suspension / cancellation of a Service, Candidates already enrolled in such cancelled Service shall be entitled to a proportionate refund of the registration fees, calculated pro rata for the number of days the Service was delivered to the Candidate. You hereby agree that the refund of the fees, as provided herein, shall be your sole and exclusive remedy against HerKey in the instance of a Service cancellation after your registration for the Service.


HerKey may, at its sole discretion, alter or amend the listed Service fees for one or all the Services listed on its Portal through notification of the revised fees against such Service, which revision shall be applicable to any Candidates who enrol for the Service after the publication of the revised Service fees. It is clarified that any revision or amendment of Service fees shall not affect or require additional payment for Candidates already enrolled in the Service as of the date of notification of the revised Service fees.


3. Features and Services

HerKey may change, improve and/or modify its Services and the Portal, including adding new features and functionalities, at its sole discretion, without providing specific notice to you of such changes. HerKey aspires to make available employment opportunities for women, and in this regard, seeks to enable Users to connect with one another to form mutually beneficial engagements to advance women's careers. An indicative description of the Services accessible under each account category is provided below.


4. Candidates:

To avail of the Services, you are required to create a profile by entering certain specified information which shall include (but not be limited to) information related to your identity, experience, qualification as well as any professional, academic or personal references and recommendations, location, remuneration, address and contact numbers. By availing of the Services, you hereby authorise HerKey to make available, at HerKey's sole discretion and at any time during the period that you are registered as a Candidate, your profile to Employers and/or other Users registered on the Portal. All this information will be complied under the "Profile" tab in your account.


You hereby also authorise HerKey to store, index or archive in HerKey's database, subject to these Terms of Use and the Privacy Policy, all information obtained as a result of rendering of the Services by HerKey. You hereby agree that part or all of this information may be shared with HerKey's existing or future clients or affiliates as part of its Services to such clients or association with such affiliates.


HerKey may, at its sole discretion, at any time in the future, on terms and conditions that it shall notify in advance, offer premium services for Candidates in addition to the existing Services, including without limitation, counselling, training, mentoring and networking support services. You hereby agree that in respect of any additional services offered by HerKey, you shall be entitled to avail of such services on paying the requisite fees therefor, as determined by HerKey.


5. Profile Plus

To increase visibility and facilitate engagement, the Profile Plus service ("Profile Plus") will be available to all users of the Portal from such date as determined by HerKey. you may participate in Profile Plus by selecting your desired profile page uniform resource locator ("URL") from the options presented by HerKey to you through your registered email address. After the Selection Date, your profile and account shall automatically participate in Profile Plus and shall be allotted a URL automatically by HerKey, your selection of a URL or continued participation in and use of the Services after automatic participation in Profile Plus (as the case may be) shall constitute your consent to participate in Profile Plus.


By participating in Profile Plus, you understand and agree that all or some (as determined by HerKey) following aspects of your profile and candidate page with the Portal with by publicly accessible, visible and searchable:

  • Name
  • Profile Image
  • Followers
  • Following
  • Current Engagement
  • Company
  • Previous Engagement
  • Location
  • Restarter description
  • Profile Summary
  • Milestones
  • Work Experience
  • Life Experience
  • Skills
  • Education
  • Groups
  • Awards & Recognition

6. Employers:

You shall be entitled to create your organisation's profile on the Portal, update your account and submit listings for vacant positions in your organisation, from time to time. You agree to make available a detailed scope of the current requirements, including (without limitation) the job profile, number of vacancies, educational/professional qualifications, post qualification experience, location, remuneration and other specific skill sets that form the criteria for shortlisting Candidates.


HerKey shall transmit the profiles of suitable or interested Candidates to you on the basis of your agreement with HerKey.


You acknowledge and understand that by registering under this category, you shall be able to view and access such information relating to the Candidates as shared by HerKey. Further, you acknowledge that you shall not have access to certain areas of the Portal or certain Services, as determined by HerKey, at its sole and absolute discretion.


7. Additional Terms Applicable to Employers

You hereby grant HerKey the right to list on the Portal, any employment opportunities in your organisation that may become available. Further, you grant HerKey the right and license, to be exercised at HerKey's sole and absolute discretion, to display your organisation's corporate name and logo in any and all marketing communications and advertising material published or distributed by HerKey.


In certain instances, HerKey might upload on the Portal any relevant publicly listed job listings that HerKey believes to be of potential interest to Candidates. HerKey shall make best efforts to notify the relevant Employer that such listing has been made available on the Portal. However, HerKey agrees that it shall, in good faith, de-list or remove any job listing in the instance that any such Employer requests removal of such listing.


You hereby agree that you shall be the final authority in all decisions in respect of hiring the Candidates and HerKey shall not be involved in the hiring process, save for forwarding their profiles to you.


8. Background Verification

Users hereby agree and acknowledge that HerKey shall not be responsible in any way whatsoever for verifying the background of and/or accuracy of the information provided by (i)Employers, including without limitation, job profile, remuneration details, organisation details and contact details; (ii) Partners, including without limitation, any representations, promises, warranties made and/or study material provided to the Candidates by a Partner and/or organisation details and contact details of the Partner, and (iii) Candidates, Mentors, Allies and other Users on the accuracy of the information on their profile and other communications.


Users hereby agree and acknowledge that HerKey shall not be responsible in any way whatsoever for verifying the information provided by other Users and for conducting appropriate and thorough background checks/reference checks on all Users prior to the Users' engagement/employment in an organisation or registering in the Service provided by them, as the case may be.


You expressly acknowledge that any information shared by HerKey with you with respect to any User and their profile/ service/ job posting, as the case may be, is made available to you strictly on an “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. HerKey makes no warranties about the accuracy, reliability, completeness, or timeliness of the information. You shall be solely responsible for the verification of the information provided to you by HerKey. Further, HerKey shall not be responsible and shall not accept liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you due to your failure to verify the information or undertake any background or reference check.


9. Mentors

You acknowledge and agree that your registration hereunder does not guarantee the listing of your courses and/or services on the HerKey Portal. You further agree that such registration does not create any agency, legal representative, partnership, association of persons or other form of joint enterprise between you and HerKey and that you shall not represent anything to the contrary to any third party.


At HerKey’s sole discretion, you shall be entitled to create your profile on the Portal and update your account. If you are a Featured Mentor, you shall also be allowed to submit blogs, quotations and event information. HerKey shall also transmit the profiles of suitable or interested Candidates to you if you are a Featured Mentor. You acknowledge and understand that by registering under this category, you shall be able to view and access such information relating to the Candidates as shared by HerKey, but you will not be able to access the database of Candidates directly. Further, you acknowledge that you shall not have access to certain areas of the Portal or certain Services, as determined by HerKey, at its sole and absolute discretion. You hereby grant HerKey the right and license, to be exercised at HerKey's sole and absolute discretion, to display your name and image in any and all marketing communications and advertising material published or distributed by HerKey.


You expressly agree not to disparage or bring disrepute to the name and reputation of HerKey, its services, and its directors, officers, employees and personnel.


10. Partners

You acknowledge and agree that your registration hereunder does not guarantee the listing of your courses and/or services on the HerKey Portal. You further agree that such registration does not create any agency, legal representative, partnership, association of persons or other form of joint enterprise between you and HerKey and that you shall not represent anything to the contrary to any third party.


The listing of your courses and/or services on the Portal are subject to: (i) their appropriateness for Portal users and adherence to the course and listing criteria specified by HerKey, as determined by HerKey on the basis of its review of the background, materials and methodology of the proposed courses and/or services; (ii) HerKey's website Terms of Use and Privacy Policy; and (iv) all applicable law.


You agree that all facts and representations made by you in relation to your courses and/or services are accurate and true to the best of your knowledge and that they are and shall be free from material errors, bugs or other defects, and do not and will not infringe any third party's intellectual property rights, privacy rights or any other proprietary rights. You further agree that the listing of your courses and/or your services on the Portal is not and shall not be construed as an endorsement, approval or certification of your courses and/or services by HerKey and that you shall not make any such representation, announcement or communication to any third parties in this regard.


You expressly agree not to disparage or bring disrepute to the name and reputation of HerKey, its services, and its directors, officers, employees and personnel.


11. Groups

Each Group listed on the Portal will have a unique and shareable URL. As a member of a Group, you shall be allowed to interact with Candidates, Employers, Mentors Partners, Allies and any other Users of HerKey who have access to that Group. Based on the nature of the Group and the purpose for which it is created, you shall be entitled to be a Group admin. Membership to a Group is subject to approval by the Group admin and/or HerKey, which approval may be granted or rejected at the Group admin's and/or HerKey's sole discretion.


If you are a member or admin of a Group, you shall be entitled to participate by posting questions, commenting, following queries posted by you/others, upvoting/downvoting answers, sharing and other future features and functionalities. You are responsible for any User Content you post and any consequences that flow from such posting(s).


You acknowledge and understand that the Group admin and HerKey will be able to create, manage, moderate, deactivate and delete any Group, at his/her sole and absolute discretion. You also acknowledge that the Group admin and HerKey will be able to add/delete members and moderate the content posted on a Group including but not limited to questions, comments, and any other Group content. You acknowledge that HerKey may, with notice to the Group admin delete a Group and all the User Content within the Group.


You expressly agree that HerKey will not be liable for any errors or omissions in any postings or for any loss or damages incurred as a result of the use of any information contained in the Group(s). HerKey does not guarantee that the use of the Group(s) by you will be uninterrupted, error free and/or free from any third party interference.


HerKey makes no guarantee or gives warranty of any kind whatsoever (whether express or implied) in relation to your use of the Group(s) or any use by any third parties. HerKey shall not be liable for any loss or damage (whether direct, indirect, consequential, financial or otherwise) arising from the use of (or in connection with) the Group(s).


12. Use of Portal Content

HerKey authorises you, subject to these Terms, to view and access the content available on or from the Portal and to access and use the Portal and the Portal Content (as defined below) solely for your personal, non-commercial use. The contents of the Portal, and of all other websites under HerKey's control, whether partial or otherwise, such as designs, text, graphics, images, video, audio, information, logos, button icons, software, audio files, the Services and other Portal content (collectively, "Portal Content"), are protected under applicable copyright, trademark and other laws. All Portal Content is the property of HerKey or its licensors. The compilation (meaning the collection, arrangement and assembly) of all content on the Portal is the exclusive property of HerKey and is protected by Indian and international copyright, trademark, and other laws. Unauthorised use of the Portal Content may violate these laws and/or applicable communications regulations and statutes, and is strictly prohibited. You may not sell or modify the Portal Content or reproduce, display, publicly perform, distribute, or otherwise use the Portal Content in any way for any public or commercial purpose, in connection with products or services that are not those of HerKey, in any other manner that is likely to cause confusion among consumers or that otherwise infringes HerKey's intellectual property rights. Any use of the Portal Content for which or pursuant to which you receive or intend to receive any remuneration, whether monetary or otherwise, is a commercial use for the purposes of this clause.


13. Contributed Content

You are responsible for any notes, images, messages, e-mails, links to third party websites or content, postings on forums, feeds or journals, photos, drawings, profiles, opinions, ideas, videos, audio files or other materials establishing proof of identity, address and educational qualification, professional references or information posted or transmitted to the Portal (collectively, "User Content"). You agree that any User Content posted by you may be used by HerKey, including for the creation of derivative works that might include such User Content, consistent with its Privacy Policy and Terms of Use as mentioned herein, and you are not entitled to any payment or other compensation for such use.


This Portal may contain content provided by third parties, including without limitation content provided by Partners. The responsibility for such content is solely that of the respective authors/contributors/posters and is not necessarily endorsed in any manner by HerKey. HerKey shall not be responsible for or liable in any manner whatsoever for the content provided by such authors/contributors/posters in any section of this Portal. Further, the accuracy of the Portal Content has not been verified by HerKey and we provide no warranties of the same. If you seek to rely on any representation of information contained on this Portal, any such reliance shall be at your own risk.


14. User Representations

You hereby represent and warrant to HerKey that as a User, you will not provide personal information (including without limitation photographs, age, educational or professional qualifications, and remuneration) that is not your own. The user account of any Candidate found to be creating an account or providing information in proxy or in violation of the privacy rights of any other individual will be liable to be immediately terminated, and HerKey reserves the right to notify relevant authorities, companies or individuals about such person's actions, or take any other action it deems necessary.


You represent and warrant that the information provided by you in respect of your profile is true, accurate and capable of substantiation on the basis of documents, references and other material, and is not misleading or the product of any fraudulent conduct.


You further represent and warrant that, to the extent you decide to share personal or other information, you will not post or submit incomplete, false or inaccurate personal or other information.


You further warrant and undertake that you shall not engage in any unlawful conduct, whether online or offline, in your association with HerKey, the Portal or any other users (including, without limitation, Candidates and Employers) of the Portal and shall abide by the rules of conduct specified in clause 12 (Acceptable and Lawful Use) below.


15. Acceptable and Lawful Use

You expressly acknowledge and agree that in order to ensure your acceptable and lawful use of the Portal and/or the Services you will comply with the following rules of conduct:


i. You may not post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.


ii. HerKey may (at its sole option) review, edit, reject, refuse to post, or delete any User Content that, in its sole and absolute judgment, violates these Terms or which might be offensive, illegal, or that might violate the rights, harm or threaten the safety of another person.


iii. Any information provided by you on the Portal shall not be misleading in any way.


iv. You may not post or transmit any User Content or engage in interactions on the Portal, (even if made in a joking, sarcastic or unintended manner), if it in any way:


a. is violative of applicable law or is patently offensive to the general community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;


b. harasses or advocates harassment of another person, or solicits, or stalks another member of a forum or any other user of the Services;


c. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;


d. infringes upon or violates any third party's rights (including, but not limited to, intellectual property rights, rights of privacy or publicity, such as unauthorized disclosure of a person's name, email address, physical address or phone number, or rights of publicity);


e. promotes an illegal or unauthorized copy of another person's copyrighted work;


f. provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;


g. provides instructional information about illegal activities such as making or buying illegal drugs, violating someone's privacy, or providing or creating computer viruses;


h. contains video, photographs, or images of another person aged 18 or older without his or her express written consent and permission or those of any minor (regardless of whether you have obtained consent from the minor or his or her legal guardian);


i. tries to gain unauthorised access or exceeds the scope of authorized access to the Portal as per your account category, or to profiles, journals, forums, feeds, account information, bulletins or other areas of the Portal or solicits passwords or personal identification information for commercial or unlawful purposes from other users;


j. constitutes engagement in commercial activities and sales without HerKey's prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes. Throughout these Terms, the term HerKey's "prior written consent" means a communication coming from the HerKey's legal department, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorization;


k. contains viruses, time bombs, trojan horses, cancelbots, spiders, worms or other harmful or deleterious components or devices;


l. interferes with another user's use and enjoyment of the Portal;


m. refers to any website or URL that, in the sole discretion of HerKey, contains material that is inappropriate for the Portal, contains content that would be prohibited on the Portal, or violates the letter or spirit of these Terms; or


n. contains content whose dissemination to the public is restricted by law or relevant professional guidelines.


v. HerKey specifically prohibits any unauthorised commercial use or other use of the Portal and the Services, and you agree not to do any of the following:


a. Post content that contains links to any website competitive to HerKey;


b. Use HerKey's database of users for any purpose other than the purposes for which the Services are sought, including but not limited to using the information in the database to sell or promote any products or services, or engage in data mining;


c. Post or submit to the Portal any incomplete, false or inaccurate biographical information or information which is not their own, or submit any false or inaccurate information in relation the user's qualifications, or services and facilities offered;


d. Delete or revise any material posted by any other person or entity;


e. Take any action that imposes an unreasonable or disproportionately large load on the Portal's infrastructure;


f. Notwithstanding anything to the contrary contained herein, use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Portal and search agents available from HerKey on such Portal and other than generally available third party web browsers (e.g., Google Chrome, Microsoft Internet Explorer, Firefox, Safari); or


g. Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Portal or the Services.


vi. You must use the Portal and the Services in a manner consistent with any and all applicable laws and regulations. Illegal and/or unauthorised uses of the Portal, including without limitation, collecting usernames, contact details and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited emails and unauthorized framing of or linking to the Portal, are not permitted. This includes the unauthorized interception of the data stream coming from or going into the Portal, as well as attempting to gain unauthorized access to the Portal or exceeding the authorised access for your account category. In addition, all users agree to comply with the provisions of any and all such laws, regulations or rules that may be enacted from time to time in India or such other jurisdictions as HerKey chooses to operate in.


vii. You shall not engage in any illegal conduct in respect of your interaction with other users of the Portal, including any Candidates or Employers or Service providers you may come in contact with through the Portal, whether such interaction is online or offline.


viii. Your interaction with other users of the Portal that you may come in contact with is at your sole and absolute discretion. Further, any offline interaction in response to any correspondence or dealings with other users, or any information available on the Portal, is at your own risk. HerKey shall in no manner be held responsible for the outcomes and consequences of any such interaction. HerKey is not responsible for the conduct, whether online or offline, of any user of the Portal, including without limitation any illegal acts (such as harassment in any form or discrimination of any sort) or omissions (such as failure on the part of the Candidate to appear on the appointed date and time for the interview or to competently undertake any task or engagement) committed by any user of the Portal.


ix. Without the prior written consent of HerKey, you may not engage in advertising to, or solicitation of, other users through the Portal to buy or sell any products or services. In general, in order to protect users from such advertising or solicitation, HerKey reserves the right, to be exercised at its sole and absolute discretion, delete any such User Content uploaded, posted or transmitted in any way on the Portal.


x. You understand that HerKey has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Portal and using the Services) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, HerKey can (and you hereby expressly authorize it to) disclose any information about you, upon request, to law enforcement agencies or other government officials, as necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.


xi. HerKey reserves the right, but has no obligation, to monitor the materials posted in the public areas of the Portal, including but not limited to any public forums, feeds or journals. HerKey shall have the right to remove or edit any Portal Content and/or User Content, that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms. Nonetheless, you hereby acknowledge and agree that YOU REMAIN SOLELY RESPONSIBLE FOR THE USER CONTENT OR OTHER MATERIALS YOU POST IN THE PUBLIC AREAS OF THE WEBSITE AND IN YOUR PRIVATE MESSAGES. Please be advised that Portal Content and/or User Content posted in public areas of the Portal do not necessarily reflect the views of HerKey. In no event shall HerKey assume or have any responsibility or liability for any Portal Content and/or User Content posted or for any claims, damages or losses resulting from use of such Portal Content/User Content and/or appearance of Portal Content/User Content on the Portal. You hereby represent and warrant that you have all necessary rights in and to all User Content you provide and all information it contains and that such User Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.


xii. It is possible, that other persons (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Portal and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to their use of the Portal, and that the recipient may use such information to harass or injure you. HerKey does not approve of such unauthorized uses, but by using the Portal and/or the Services, you acknowledge and agree that HerKey is not responsible for the use of any personal information that you publicly disclose or share with others on the Portal. You are advised to carefully select the type of information that you wish to publicly disclose or share with others on the Portal.


xiii. You acknowledge, agree and understand that in the event that you wish to deactivate, suspend or delete your account from the Portal or de-register from a Service, the information posted or submitted on the Portal, may be stored in the HerKey system for auditing and legal compliance purposes, or for the purpose of any research, provided that no sensitive personal information will be publicly disclosed except in accordance with these Terms and the terms of HerKey's Privacy Policy.


In the event of breach or non-compliance by you of any of the aforesaid terms, HerKey may, in its sole and absolute discretion, restrict or terminate your ability to access the Portal and/or Services, and determine whether to take any other actions in addition to the removal or requesting the removal of any infringing or unacceptable User Content.


16. Warranty and Liability Disclaimer

HerKey is constantly endeavouring to improve the quality of Services provided to you. Due to this, the form and nature of Services provided may change from time to time without any prior notice to you. HerKey reserves the right to introduce and initiate new features, functionalities, components to the Portal and/or change, alter, modify, suspend, discontinue or remove the existing ones without any prior notice to you. Further, HerKey is entitled to discontinue (either permanently or temporarily) one or more of the Services provided or terminate the Portal without any prior notice to you. HerKey may also prescribe certain limits on the use of the Portal and/or Services or storage of User Content at its sole discretion without any prior notice to you while at all times complying with HerKey's Privacy Policy. In consideration for HerKey granting you access to and use of the Portal and Services, you agree that HerKey and its third party providers and partners may place such advertising on the Services or the Portal or in connection with the display of Portal Content or information from the Services, whether submitted by them or others.


The Portal, all the materials and services, included on or otherwise made available to you through this Portal is provided by HerKey on an “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the foregoing paragraph, HerKey does not warrant that:


This Portal will be constantly available, or available at all;


Any or all Services listed on the Portal will be constantly available, or at all; or


The information on this Portal is complete, true, accurate or not misleading.


HerKey, 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. HerKey makes no warranties about the accuracy, reliability, completeness, or timeliness of the Portal Content, User Content, services, software, text, graphics and links.


HerKey makes no express or implied representation or warranty about the merchantability, fitness for particular purpose, usefulness, non-infringement, completeness, accuracy, reliability, completeness of a Service, any Service materials or any services provided by the Service provider through the Portal.


You recognise and acknowledge that HerKey is providing Services as an intermediary, and shall not be liable or responsible (directly or indirectly) for the acts or omissions of the users of its Services, including without limitation any Candidates.Partners, Mentors or Employers.


HerKey does not warrant that this Portal; information, Portal Content, materials, User Content or Services included on or otherwise made available to you through this Portal; their servers; or electronic communication sent from by HerKey are free of viruses or other harmful components. Nothing on this Portal constitutes, or is meant to constitute, advice of any kind.


Any communication and provision or acceptance of any commitment, offer or agreement between a Candidate and an Employer or a candidate and Partner is solely between such Candidate and Employer/Partner, and HerKey shall not be liable or responsible (directly or indirectly) for any loss, claim or damage arising out of any such communication or any breach or non-fulfilment of any commitment, offer or agreement between the Candidate and Employer.


HerKey makes no warranties about the accuracy, reliability, completeness, or timeliness of the information accessible pursuant to participation in Profile Plus. You expressly agree that HerKey will not be liable for any errors or omissions or for any loss or damages incurred as a result of the use of any information available through Profile Plus. HerKey makes no guarantee or gives warranty of any kind whatsoever (whether express or implied) in relation to Profile Plus. HerKey shall not be liable for any loss or damage (whether direct, indirect, consequential, financial or otherwise) arising from the use of (or in connection with) Profile Plus and you are advised to undertake your own due diligence before relying or acting upon the information available through Profile Plus. Additionally HerKey shall not be liable in any way for any loss or damage (whether direct, indirect, consequential, financial or otherwise) arising out of or in relation to any information posted and made available for public access through Profile Plus.


Any communication and provision or acceptance of any commitment, offer or agreement between a Candidate and a Service provider is solely between such Candidate and Service provider, and HerKey shall not be liable or responsible (directly or indirectly) for any loss, claim or damage arising out of any such communication or any breach or non-fulfilment of any commitment, offer or agreement between the Candidate and Service provider.


17. Accuracy of Information

The general information on this Portal has been compiled by HerKey or contributed by other users of the Portal, from various sources including from external sources. No representation is made or warranty given as to the completeness or accuracy of such information. The Portal, Portal Content, including without limitation the Services and User Content, despite best efforts of HerKey, may contain inaccuracies or typographical errors. HerKey makes no representations about the accuracy, reliability, completeness, or timelines of the Portal, the Portal Content or User Content. The use of the Portal, Portal Content and User Content is at your own risk. HerKey reserves the right to make changes to the Portal Content, User Content and information on this Portal, or to the services described therein, or to update such information at any time without notice, but HerKey makes no commitment to correct or update this information.


You acknowledge that this Portal and certain advertisements hosted on the Portal, as well as the Portal Content and User Content, may contain links provided by third parties or links to third party websites. Any website, information or services accessed by or as a result of following such third party links is at your sole risk and is subject to the policies and regulations adopted by the third party. The content viewed through any third party links is not endorsed in any manner by HerKey. HerKey shall not be responsible for or liable in any manner whatsoever for the content provided by such third party links. Further, the accuracy of the content provided through third party links has not been verified by HerKey and HerKey provides no warranties with respect to such content. Any information collected on websites visited through such third party links is subject to the privacy policies of such third party websites and HerKey shall not be responsible for any use of such information by third parties.


18. No Academic Benefit

You understand that except where expressly stated, participation in and/or completion of any Service does not confer any academic benefit on the Candidate, either in the form of a recognised diploma and/or degree from a recognised university or institution. Even where the Service is awarded by a recognised institution, no presumption shall be made that any other institution will recognised the validity of the Service. You agree not to represent to have completed a Service unless you have earned the appropriate certification from the Service provider for the completion of the Service. HerKey or its officers, directors, owners, agents, information providers, affiliates, licensors, licensees and clients have no obligation to ensure that a Service is recognized by any educational institution or accreditation organization. Nothing in these Terms, or any other terms associated with any Service,


(a) enrolls or registers you in any educational institution, or in any Service offered by any educational institution, except where expressly so stated; or


(b) entitles you to use the resources of any educational institution beyond participation in the Service.


19. Indemnification

You represent, warrant and covenant (a) that no User Content posted or transmitted by you on the Portal will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii)contain libelous or otherwise unlawful material; and (b) You hereby agree to indemnify, defend and hold harmless HerKey and all of HerKey's officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or the foregoing representations, warranties and covenants, or the conduct of other users of the Portal, whether online or offline. HerKey reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You shall cooperate as fully as reasonably required in the defense of any such claim.


20. Termination

HerKey retains the right to deny access to the Portal and/or the Services to anyone who it believes has violated or is reasonably likely to violate any of these Terms of Use or does not accept these Terms of Use. In the event that you choose to terminate and delete your user account with HerKey, or if your account has been terminated for any other reason, such as a violation of these Terms of Use, you acknowledge and understand that HerKey reserves the right to, at its sole discretion, either continue to display, or delete, any User Content that you may have posted or uploaded to the Portal, and HerKey has no obligation to maintain, store, delete or transfer to you, any such User Content that you may have posted or uploaded to the Portal.


21. Infringement of Copyright

In good faith, if you have reason to believe that any work copyrighted by you has been reproduced, embedded, or linked without any authorization on this Portal, in a manner that constitutes an infringement of your copyright under Indian law, please compile the following information and email to: info@herkey.com.


A clear identification of the copyrighted work allegedly infringed;


The use and role of cookies and similar technologies on our Portal;A clear identification of the allegedly infringing material on the Portal (with specific URL reference);


Your contact details: name, address, e-mail address and phone number;


A statement that you believe, in good faith, that the use of the copyrighted material allegedly infringed on the Portal is not authorised by the law;


A statement that the information provided in the notice is accurate, and under penalty of perjury, that the signatory is authorised to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;


Your signature or a signature of your authorised agent


22. Abuse Notification

If you believe in good faith that any Portal Content or User Content posted or otherwise made accessible on the Portal, or any online or offline conduct of any Candidate, Employer or Service provider violates these Terms, or is prohibited or restricted by applicable laws, rules and regulations, or is abusive or threatens and harms other users of the Portal, you may notify us of the same at info@herkey.com. In such an event, HerKey may contact you for any further information and reserves the right to determine, at its sole discretion, whether such Portal Content, User Content, or user conduct violates these Terms or is otherwise abusive, and may take such action it deems appropriate. If you resort to any malafide use of such notification, HerKey reserves the right to restrict your access to the Services.


23. Applicable Law

This Portal, including the Portal Content and User Content and information contained herein, shall be governed by the laws of the Republic of India and the courts of Bengaluru, India shall retain exclusive jurisdiction to entertain any proceedings in relation to any disputes arising out of the same. As such, the laws of India shall govern the disclaimer, any legal notices that may be issued, and any disputes that may arise between HerKey and one or more users.


24. Information Gathered and Tracked

Information submitted for the purpose of registering on the Portal is stored in a secure database. Specifically, we store the username, e-mail address, phone no. and password of all Users. In addition, as applicable for the User, we store the identity, experience, qualification as well as any professional, academic or personal references and recommendations, location, remuneration, address and contact numbers, organisation details, contact person's details, location, industry, and services offered/expertise of the organisation. Any other information submitted by you in relation to your use of the Services, will be governed by the HerKey Privacy Policy.


25. Due Diligence & Risk/Fraud Aversion

While HerKey makes all possible attempts to ensure the verity and hygiene of all postings (such as jobs, events, live discussions, etc.), there might be instances where malafide actors can be the owners of these instances. As such, the onus of due diligence is solely on the users. The users of the platform are expected to use their discretion and judgement to ensure that they do not interact with parties on the platform with potentially malicious intentions. HerKey bears no responsibility in events where users suffer losses (monetary or otherwise) as a consequence of interacting with one or more malafide actor on the platform. HerKey stays committed to making sure that the platform removes malafide actors at the earliest cognizance of fraudulent activity or behaviour.


26. HerKey Community Guidelines

Respect and Inclusivity

Treat everyone with respect, embrace diverse opinions, and use inclusive language.


Privacy and Safety

Keep personal information private, respect other's privacy, and report suspicious activities.


Constructive Engagement

Focus on constructive discussions, avoid personal attacks, and provide support and encouragement.


No Promotion or Spam

Limit promotions to those approved by moderators and avoid spamming.


Content Guidelines

Share relevant and educational content, avoid explicit or derogatory materials, and use content warnings for sensitive topics.


Role of Moderators

Follow moderator's guidance to maintain community order and reach out privately with concerns about moderation practices.


Feedback and Improvement

Contribute ideas for improving the community through designated channels.


Consequences of Misconduct

Immediate blocking for violations like vulgar content, harassment, privacy invasion, hate speech, impersonation, illegal activities, and promoting fraudulent opportunities.