Terms, Conditions and Privacy Policies

WhatMate™ and EZEOne™ are mobile apps with web portals for sign-up (htts://whatmate.com and https://www.ezeone.com), configuration and data management is designed and developed by TalentMicro Innovations Pvt. Ltd (hereinafter called TalentMicro). Both these product work on the same user credentials but functionality vary, where WhatMate™ is means to enterprise process use, whereas EZEOne™ mean for general public use.

One of the key Fundamental beliefs of TalentMicro is protecting customer data, privacy and saving the customer from possible frauds. We make all possible efforts to achieve this goal, however in this ever changing world, challenges are much more than industry practices where first a problem is discovered and solution is found later. This means we face challenges beyond our precautions thereby discovering a breach and then take corrective steps.

Hence users of WhatMate™ and EZEOne™ technologies or their web portal should go through this terms, conditions and privacy policies, fully understand and agree to the needs, risks, compliance and all other terms started in this document to lawfully use these products and services of TalentMicro.

You are expected to use the products and services for the purpose meant and do not divulge into any activities like hacking, spamming, introducing worms, fiddling, creating denial of services, using the application harshly to make it crash or any abnormal process on our products.

Sign-up on TalentMicro technology platform with valid information of you and by entering correct phone numbers or any other contact information for sign-up. You will held responsible and liable in case you try to submit any false information or use others credential to access the platform that includes all the claims and damages claimed by that concerned user and loss or damage to TalentMicro in both tangible and intangible form of losses. The liability is applicable in case you invade into privacy of other users or the systems or its technology or code or secrets of the technology platform.

Usage of our products and services solely at your own risk. TalentMicro does not take any responsibility of the loss of property, time, data or any other loss incurred by you either directly or indirectly by using TalentMicro products and/or services.

Any dispute between you and TalentMicro, the same will settled through mutual understanding. If the dispute does not get resolve through mutual understanding, the same has to be mandatorily escalated to resolve through the Arbitrator nominated by TalentMicro before going to any local courts having jurisdiction over the registered corporate office of TalentMicro and international courts in case the dispute is beyond the law of the country having TalentMicro business head office location.

In adding to providing accurate information during sign-up process, you are required to update the information whenever the information is changed. In case you are not able to provide accurate information or not able to update the latest information of your personal information, contact numbers, latest mobile number and all other required data, you have immediate relinquish the user TalentMicro Product and/or Services, failing which you will be liable for legal action and damage claim.

Using of TalentMicro products and services your are bound by good use of the products & services for the purpose they are meant and bound by the conduct to ensure you not only safeguard our products and services but also the third party products and services used on our platform directly or indirectly.

You must be of minimum legal to use the product as per the minimum legal age rules of your country. You will be held responsible for violation of this rule and you will have to face the law of land who will decide the penalties and/or punishment for the same by the respective courts/legal justice system.

If you are a valid user of TalentMicro products and/or services and if you are located at the United States of America(USA) or Canada, our terms contain binding arbitration provision, stating “except if you opt out and except for certain types of disputes, TalentMicro and you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions of similar kind. Please read the latest and updated information through public sources on “special arbitration provision for USA or Canada users” before signing-up and in case you do not agree to these terms, please refrain from using the app and reach us out to contact us page to delete your user credentials through your official e-mail ID as registered in your profile.

Once you sign-up, your user ID can be share with your employer, supplier, customer or alumni to help them link your profile to their user list so that you can perform the transactions supported by those entities. Sharing your personal information and risks associated by this process is solely your responsibility. Hence please your ID only to those organizations with whom you would like to be associated. If you are singed up as a business, you are restricted to register only those valid users who are legally associated with your business and you have to associate those users with prior information only.

Location Sharing and Geo fencing features enable your employer to track your location during working hours as defined by the employer. In case you do not wish you to disclose your locations, please communicate with your employers and refrain from using Time IN & OUT buttons. If your user status on WhatMate™ messenger interface is “OUT”, then your location will not be tracked by the system.

Disclaimers

You may use our products and services at your own risk and subject to the following disclaimers.

TalentMicro providing products and services on an “as is” basis without any express or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and freedom from computer virus, malware or any other harmful code. We do not warrant that any information provided by us is accurate, complete, or useful, that our services will be operational, error free, secure, or safe, or that our services will function without disruptions, delays, or imperfections. We do not control, and are not responsible for, controlling how or when our users use our services or the features, services, and interfaces of our service providers. We are not responsible for and are not obligated to control the actions or information (including content) of our users or other third parties. You release us, our subsidiaries, affiliates, and our and their directors, officers, employees, partners, and agents (together hereinafter called “parties”) from any claim, complaint, cause of action, controversy, or dispute (together hereinafter called “claim”) and damages, known and unknown, relating to, arising out of, or in any way connected with any such claim you have against any third parties. You waive any rights you may have under law of land or any other similar applicable statute or law of any jurisdiction of yourself or TalentMicro locating country and state, which says that: a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favour at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.

Limitation of liability

TalentMicro or its parties will not be liable to you for any loss of time, money, peace of mind or consequential, special, punitive, indirect, or incidental damages relating to, arising out of, or in any way in connection with our terms, us, or our product and services, even if the TalentMicro or its parties have been advised of the possibility of such damages. Our aggregate liability relating to, arising out of, or in any way in connection with our terms, us, or our services will not exceed the greater of one hundred dollars ($100) or the amount you have paid us in the past six months, whichever is low. The foregoing disclaimer of certain damages and limitation of liability will apply to the maximum extent permitted by applicable law. The laws of some states or jurisdictions may not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations set forth above may not apply to you. Notwithstanding anything to the contrary in our terms, in such cases, the liability of the TalentMicro or its parties will be limited to the fullest extent permitted by applicable law.

Indemnification

You agree to defend, indemnify, and hold harmless TalentMicro and its Parties from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of our Services, including information provided in connection therewith; (b) your breach or alleged breach of our Terms; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the settlement of any Claim.

Dispute resolution

All the disputes shall be settled mutually if feasible, as a next option, the disputes that cannot be settled mutually shall be referred to Arbitration panel appointed by TalentMicro and in case the same is further not settled, then all the disputes shall be settled in the courts having jurisdiction over the land where TalentMicro corporate head office is registered (At present it is Bangalore, Republic of India).

Availability of Our Services. Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time. Events beyond our control may affect our Services, such as events in nature and other force majeure events.

Termination

We may modify, suspend, or terminate your access to or use of our Services anytime for any reason, such as if you violate the letter or spirit of our Terms or create harm, risk, or possible legal exposure for us, our users, or others. The following provisions will survive any termination of your relationship with TalentMicro: “Licenses,” “Disclaimers,” “Limitation of Liability,” “Indemnification,” “Dispute Resolution,” “Availability and Termination of our Services,” “Other,” Users.

Other Terms

• Unless a mutually and exclusively executed agreement between you and us, Terms stated in this document make up the entire agreement between you and us regarding TalentMicro products and Services, and supersede any prior agreements.
• We may ask you to agree to additional terms time and again for certain of our Products and Services in future, which will govern to the extent there is a conflict between our Terms and such additional terms.
• Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Products and Services in any country or even withdraw if necessary with no information to you.
• You will comply with all applicable export control and trade sanctions laws (“Export Laws”). You will not, directly or indirectly, export, re-export, provide, or otherwise transfer our Products or Services: (a) to any individual, entity, or country prohibited by Export Laws; or for any purpose prohibited by Export Laws, including nuclear, chemical or biological weapons, or missile technology or any similar applications without the required government authorizations. You will not use or download our Services if you are located in a restricted country, if you are currently listed on any U.S. or non-U.S. restricted parties list, or for any purpose prohibited by Export Laws, and you will not disguise your location through IP proxying, remote access or other methods.
• Any amendment to or waiver of our Terms and Conditions requires our acceptance in writing.
• We may amend or update these Terms. We will provide you notice of amendments to our Terms, as appropriate. Your continued use of our Services confirms your acceptance of our Terms, as amended. If you do not agree to our Terms, as amended, you must stop using our Products and Services. Please review our Terms from time to time.
• All of our rights and obligations under our Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner.
• You will not transfer any of your rights or obligations under our Terms to anyone else without our prior written consent.
• Nothing in our Terms will prevent us from complying with the law.
• Except as contemplated herein, our Terms do not give any third-party beneficiary rights.
• If we fail to enforce any of our Terms, it will not be considered a waiver.
• If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from our Terms and shall not affect the validity and enforceability of the remaining provisions, except as set forth in the “Special Arbitration Provision for United States or Canada Users” — “Severability”.
• We reserve all rights not expressly granted by us to you. In certain jurisdictions, you may have legal rights as a consumer, and our Terms are not intended to limit such consumer legal rights that may not be waived or superseded by contract.
• We always appreciate your feedback or other suggestions to improve our Products and Services, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).

Time Limit to Start Arbitration. We and you agree that for any Dispute (except for the Excluded Disputes) we and you must commence an arbitration proceeding within one year after the Dispute first arose; otherwise, such Dispute is permanently barred. This means that if we or you do not commence an arbitration within one year after the Dispute first arose, then the arbitration will be dismissed because it was started too late.

No Class Actions, Class Arbitrations, or Representative Actions for Users located in the United States of America or Canada. We and you each agree that if you are a user located in the United States or Canada, each of we and you may bring Disputes against the other only on its or your own behalf, and not on behalf of any other person or entity, or any class of people. We and you each agree not to participate in a class action, a class-wide arbitration, Disputes brought in a private attorney general or representative capacity, or consolidated Disputes involving any other person or entity in connection with any Dispute.

Severability. If the prohibition against class actions and other Disputes brought on behalf of third parties is found to be unenforceable for a Dispute, then all of the provisions under “Special Arbitration Provision for United States or Canada Users” will be null and void as to that Dispute.

Place to File Permitted Court Actions. If you opt out of the agreement to arbitrate, if your Dispute is an Excluded Dispute, or if the arbitration agreement is found to be unenforceable, you agree to be subject to the “Forum and Venue” provisions in the “Dispute Resolution” section set forth above.

All these terms and conditions are applicable to:

1. Users of WhatMate™ mobile app used for Chart Forms and Instant Messaging features that we listed on the respective web site (www.whatmate.com)
2. Users of EZEOne™ mobile app having features like Locating any business near a location, communicating with them over chat, finding jobs nearby, finding deals nearby, messaging, Chat Forms and all other features provided by EZEOne as explained on web site (www.ezeone.com)
3. Web Applications on both the web sites mentioned above
4. APIs provided to access or upload data of Products and Services of TalentMicro (WhatMate™ and EZEOne™)

For all the legal related communication, the following is the contact information.

Legal Department

TalentMicro Innovations Pvt. Ltd.

I-202, SPRINGFIELDS, Sarjapur Road, Bangalore – 560 102, Karnataka, INDIA