These Terms of Service for Users (“Terms”) are a binding legal agreement between you and WisdomCircle that govern your right to use the websites, applications, and other offerings from WisdomCircle (collectively, the “Platforms”).
WisdomCircle aims to create the largest platform for retired professionals to find meaningful opportunities post-retirement. The WisdomCircle Platforms offer a marketplace solution where individuals and body corporates/organizations or individuals authorized by such body corporates/organizations (“Recruiters”) are able to obtain the services offered by the WisGens who are typically retired professionals around the age of fifty (50) years or more and includes people who are planning to retire (“WisGens”). The Recruiters list opportunities (“Opportunities”) and accordingly be approached by the WisGens who provide services to fulfil the requirements of the Opportunities.
You must register an account to access and use many features of the Platforms and must keep your account information accurate. As the provider of the Platforms, WisdomCircle does not own, control, offer or manage any Opportunities listed by the third-party Recruiters, and fulfilled by the WisGens. WisdomCircle is not a party to the contracts entered into directly between WisGens and Recruiters, nor is WisdomCircle recruitment agency, or adviser. WisdomCircle is not acting as an agent in any capacity for any WisGen or Recruiter.
You, as a WisGen, are responsible for understanding and complying with all laws, rules, regulations and contracts with third parties that apply to your business or providing services to the Recruiters on the Platforms.
WisdomCircle offers you the conditional right to use the Platforms to offer services to the Recruiters. You will agree to perform the services for Opportunities listed by the Recruiters in accordance with the terms and conditions set out hereinafter. If you are creating an account or claiming to be providing services for a listed Opportunity, then you represent to us that you are authorized to do so. You acknowledge that any false claiming may cause WisdomCircle, relevant Recruiter or third parties to incur substantial economic damages and losses for which you may be held liable and accountable. In addition to the above, you will be subject to, and responsible for complying with, all requirements of the Opportunities, including without limitation, the full scope of services required and any other rules, standards, policies, or requirements identified by the Recruiter in the Opportunities. It is your responsibility to read and understand these requirements prior to offer services to the Recruiter for any Opportunities.
Your relationship with WisdomCircle is that of an independent individual or entity and not an employee, agent, joint venturer or partner of WisdomCircle, except that WisdomCircle acts as a facilitator between the WisGen and Recruiter. WisdomCircle does not direct or control your offer of services on Platforms and you understand that you have complete discretion whether and when to offer services and at what price and on what terms.
WisdomCircle provides tools that make it easy for you to set up and manage your account on the Platforms. Your profile description must include complete and accurate information about your expertise, the kind of services you offer, and any other requirements that apply to your account on the Platforms. You are responsible for your acts and omissions as well as for keeping your user description up-to-date and accurate at all times.
The WisGen hereby grants WisdomCircle an unrestricted, non-exclusive, royalty-free licence in respect of all content and information provided to WisdomCircle by the WisGen for the purposes of inclusion on the Platforms and as may be otherwise required. This includes, but is not limited to, a) use of the WisGen’s name in the context of Google ad words to support advertising and promotional campaigns to promote offer(s) on internet which may be undertaken by WisdomCircle; and b) preparation of derivative works of, or incorporate into other works, all or any portion of the marketing materials which will be made by WisdomCircle for the purposes of its business. Any material the WisGen transmits or submits to WisdomCircle either through the Platforms or otherwise (“Material”) shall be considered and may be treated by WisdomCircle as non-confidential, subject to WisdomCircle’s obligations under relevant data protection legislation. The WisGen also grants to WisdomCircle a royalty-free, perpetual, irrevocable, non-exclusive licence to use, copy, modify, adapt, translate, publish and distribute world-wide any Material for the purposes of providing services to the users of the Platforms or for the purposes of advertising and promotion of the Platforms. The WisGen agrees that all information provided to WisdomCircle that is published, may be relied upon and viewed by Recruiters to enable them to make decisions and constitute a legally binding contract.
For the purposes of this Section, “Liability” means liability in or for breach of contract, negligence, misrepresentation, tortious claim, restitution or any other cause of action whatsoever relating to or arising under or in connection with these Terms, including liability expressly provided for under these Terms or arising by reason of the invalidity or unenforceability of any these Terms and under the contractual obligations that WisGen and Recruiter may enter into separately. WisdomCircle shall not be under any Liability for the breach in contractual obligations that WisGen and Recruiter may enter into separately, loss of actual or anticipated profits, loss of goodwill, loss of business, loss of revenue or of the use of money, loss of contracts, loss of anticipated savings, loss of data and/or undertaking the restoration of data, any special, indirect or consequential loss, and such liability is excluded whether it is foreseeable, known, foreseen or otherwise. For the avoidance of any doubt, this Section shall apply whether such damage or loss is direct, indirect, consequential or otherwise. Although WisdomCircle will use its best endeavours to ensure that the unintentional operational errors do not occur, WisdomCircle cannot provide any warranty or guarantee in this regard. Notwithstanding anything to the contrary herein set out, in any case, WisdomCircle’s aggregate liability under these Terms shall not exceed the price of the Opportunities under which the claim arose.
The agreement between you and WisdomCircle reflected by these Terms remains in effect until either you or we terminate the agreement in accordance with these Terms. You may terminate this agreement at any time by sending us an email or by deleting your account. WisdomCircle may terminate this agreement for any reason by giving you 30 days’ notice via email or using any other contact information you have provided for your account. WisdomCircle may also terminate this agreement immediately and without prior notice and stop providing access to the Platforms if (i) you materially breach these Terms or our Policies, (ii) you violate applicable laws, or (iii) such action is necessary to protect the personal safety or property of WisdomCircle, its users, or third parties (for example in the case of fraudulent behavior with a Recruiter), or (iv) your account has been inactive for more than two (2) years.
We do not endorse or warrant the existence, conduct, performance, safety, quality, legality, suitability or, payment ability of any Recruiter, or third party and we do not warrant that verification, identity or background checks conducted on Recruiters (if any) will identify past misconduct or prevent future misconduct. WisdomCircle will not be responsible for non-payment by the Recruiter. Any references to a Recruiter being “verified” (or similar language) indicate only that the Recruiters or WisdomCircle has completed a relevant verification or identification process and nothing else. We are not responsible for outages or disruptions of the internet and telecommunications infrastructure which are beyond our control and can lead to interruptions in the availability of the Platforms. WisdomCircle may, temporarily and under consideration of the users’ legitimate interests (e.g., by providing prior notice), restrict the availability of the Platforms or certain features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Platforms. Neither party will be liable to the other party for any failure or delay in performance caused by reasons beyond its reasonable control, including but not limited to acts of God, epidemics, earthquakes, strikes, civil disturbances, or similar causes.
These Terms shall be governed by the Laws of India, for the time being in force and the courts of Karnataka shall have the exclusive jurisdiction to preside over matters arising hereunder.
Assignment: These Terms shall not be assigned by the WisGens without the prior written consent of WisdomCircle. Any purported transfer, assignment, or delegation without such prior written consent shall be null and void. WisdomCircle may assign or transfer these Terms for any reason to any person. Subject to the foregoing, these Terms shall bind and inure to the benefit of each party’s successors and permitted assigns.
Partial Invalidity: If any provision in these Terms is or becomes illegal, invalid or unenforceable in any respect under applicable law, neither the legality, validity nor the enforceability of the remaining provisions will in any way be affected or impaired. Further, the parties will negotiate, in good faith, a substitute, valid and enforceable provision which most nearly affects the parties’ intent in relation to the provision that has been held to be illegal, invalid or unenforceable.
Change of Control: The WisGen acknowledges that the business and assets of WisdomCircle may be sold in the future and consents to the transfer or disclosure of its personal information and these Terms to any purchaser of the business of WisdomCircle or its assets if that outcome occurs.
Modification: WisdomCircle may modify these Terms from time to time, and any such changes will (i) be reflected on WisdomCircle’s Platforms, and (ii) be effective immediately upon the changes being reflected on WisdomCircle’s Platform. The WisGen agrees to be bound to any such changes or modifications and understands and accepts the importance of regularly reviewing these Terms as updated on the Platforms.
Independent WisGen: The relationship of WisdomCircle and the WisGen is one of independent WisGens, and nothing contained in these Terms will be construed to (i) give either party the power to direct and control the day-to-day activities of the other, (ii) constitute the parties as partners, joint ventures, co-owners or otherwise as participants in a joint or common undertaking, or (iii) allow the WisGen to create or assume any obligation on behalf of WisdomCircle for any purpose whatsoever. All financial obligations associated with WisGen’s business are the sole responsibility of the WisGen.