Terms of service

Tech Exon (Private) Limited, including its affiliates and any other wholly owned subsidiaries ("Company", "we", "us" or "our") provides the content and services available on this website (the "Website"). Except as otherwise provided herein, these website terms (the "Terms") shall govern your access to and use of the services, including features and content available on this Website and other websites offered by the Company, its affiliates, and partners, including but not limited to: the acquisition, delivery, and administration of background reports and associated documents, acquiring updates on background report statuses, the Company’s procedures for generating background reports and addressing potential inaccuracies, requesting a copy of your Candidate file, and managing any disputes pertaining to your background check. Your ability to access, examine, and utilize these Services is subject to your agreement to and adherence with these Terms (collectively, the "Services"). Your access to, review of, and/or use of the Services is conditioned on your acceptance of and compliance with these Terms.

Candidates: Individuals Tech Exons has received information about for the purpose of using the Site or Tech Exons performing Services. This information may come directly from Candidates or indirectly through Clients or affiliates.

Clients: Organizations or individuals that use the Services.

Workers: Workers are Tech Exons employees, contractors, directors or officers.

General

By accessing the Website and/or using the Services, you agree to be bound by these Terms and our Privacy Policy, as well as any additional service terms governing your use of a particular Service, all of which are incorporated herein by reference. The provisions contained in these Terms are in addition to, and do not override, any service agreement signed in relation to the Services (the "Services Agreement"). IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE OR ACCESS THE WEBSITE.

You must be 18 years old, or the age of majority in your jurisdiction, in order to generate a background check or use the Services.

The Company may revise the Terms at any time without notice to you. The revised Terms will be effective when posted to the Website. Notwithstanding the foregoing, the Company will provide notice of any revisions that may substantively impact or restrict your use of the Website and/or Services. Nonetheless, it is your responsibility to regularly review and stay informed about the Terms.

These Terms apply to any and all Company customers and users of the Company’s Services, including but not limited to individuals, small and large businesses, and nonprofit organizations, who utilize the Services, as well as all others who access the Services, including but not limited to website visitors and users of affiliate websites which allow access to the Company’s Services ("Clients," "Users," "you," or "your") including each User’s heirs, assigns, and successors. If you use the Services on behalf of a business entity, you represent and warrant that you have the authority to bind that entity. Your acceptance of the Terms will be deemed an acceptance by that entity, and "you" and "your" herein shall refer to that entity.

Subject to the age restrictions outlined above, you may be able to submit information to us through your use of the Services. You agree to provide us with accurate information about yourself, including any information you may submit. You further agree that your submission of such information is subject to our Privacy Policy.

To the extent these Terms conflict with your Services Agreement, the Services Agreement governs. If you enter into an agreement with the Company providing different or additional terms regarding the Services and there is a conflict between a provision in these Terms and a provision in such agreement, the latter takes precedence with respect to the provision in conflict.

Restrictions

You agree not to access or use the Website for any unlawful purpose or for any other purpose other than that for which the Company makes it available. In addition, you may not do any of the following while accessing or using the Services:

• use any automated devices, such as spiders, robots or data mining techniques to download, store or otherwise reproduce, store or distribute content or to manipulate the Services;
• access, tamper with, or use non-public areas of the Services, computer systems, or the technical delivery systems of the Company’s providers;
• probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
• forge any TCP/IP packet header or any part of the header information in any email, or in any way use the Services to send altered, deceptive, or false source-identifying information; or
• interfere with, or disrupt (or attempt to do so), the access of any user, host or network, including, without limitation, sending virus, overloading, flooding, spamming, mail-bombing the Services, or using the Services in such a manner as to interfere with or create an undue burden on the Services.

The restrictions outlined in this section do not apply to security researchers participating in the Company’s vulnerability coordination and bug bounty program.

Usage Restrictions

You agree to adhere to the following:

• You will use the Services only for appropriate, legal purposes, and in compliance with all applicable federal, state, and local laws and regulations.
• You will not use the Services to request a Candidate report on any individual other than yourself without that person’s written authorization.
• You will not use the Services to transfer Tech Exons personal information of data subjects where such transfer and processing is regulated by GDPR or applicable data protection, data transfer, or data privacy law.Customers who procure screening services and who contract as foreign corporate entities located in the following countries are liable for any damages, including enforcement actions and penalties from data protection authorities, sustained by us in relation to Client’s failure to comply with this paragraph: European Union, United Kingdom, or any other country requiring contractual guarantees for the safe and secure transfer and processing of data.

Third-party services

At your sole discretion, you may choose to take advantage of certain services offered through the Website that are created, offered, supported, and maintained by third parties ("Third-Party Developers") unaffiliated with the Company or its affiliates (collectively, "Third-Party Services"). Notwithstanding anything to the contrary in these Terms, you acknowledge and agree that:

1. you access or deploy Third-Party Services through the Website at your sole discretion;
2. you should read the terms and conditions and privacy policies associated with any Third-Party Services which govern your use of such Third-Party Services; and
3. the Company does not own or control Third-Party Developers or the Third-Party Services.

The Company does not in any way warrant the accuracy, reliability, security, completeness, usefulness, non-infringement, or quality of any Third-Party Services. You agree that you bear all risks associated with using or relying on Third-Party Services.

The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable (directly or indirectly) for the availability of such websites or resources; the content, advertising, products, or services on or available from such websites or resources; or any damage, loss, claim, or complaint caused by, arising from, or in connection with your use of or reliance on any such content, advertising, products, or services available on or through any such website or resource. Links to such websites or resources do not imply any endorsement by the Company of such websites or resources or the content, advertising, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Intellectual Property and limited License

All intellectual property rights related to the Website and Services shall be owned by the Company absolutely and in their entirety. These rights include database rights, patents, copyrights, trademarks (whether registered or unregistered), trade secrets, design rights (whether registered or unregistered), know-how, mask works, moral rights, and all similar rights that may exist now or later in any jurisdiction, including without limitation any applications and registrations for the foregoing, and the Company name, logos, designs, domain names, graphics, icons, scripts, service marks, features, functions, text, graphics, button icons, scripts, service marks, images, software, data compilations and other distinctive brand features, and the compilation and organization thereof (collectively, "Intellectual Property Rights"). All such Intellectual Property Rights are and will remain the exclusive property of the Company and its subsidiaries, affiliates, partners, and licensors, and are protected by the applicable laws governing copyrights and trademarks. Except as explicitly provided herein, or as required under applicable law, nothing in these Terms gives you a right to use the Intellectual Property Rights, and neither the Services nor any portion of the Website may be used reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.

Subject to these Terms, the Company grants you a worldwide, limited, revocable, non-exclusive license to access and use the Website and Services as they are provided to you by the Company for your personal, non-commercial use only. The license is non-transferable and non-assignable, and you shall not grant to any third party any right, permission, license, or sublicense with respect to any of the rights granted hereunder without the Company’s prior written permission, which it may withhold in its sole discretion. You acknowledge that the Company is the owner and licensor of the Intellectual Property Rights and that your use of the Intellectual Property Rights confers no additional interest in or ownership of the Intellectual Property Rights. Violation of any provision of this license may result in immediate termination of the license, in the Company's sole discretion.

We may invite you to chat or participate in blogs, online forums, and other functionality and may provide you with the opportunity to create, submit, publish, or broadcast content and materials to our Website and/or to or via the Website, forms, emails, chat agents, popups, including, without limitation, text, writings, video, audio, photographs, graphics, comments, suggestions, or other material (collectively "Contributions"). Any Contributions you transmit to the Company will be treated as non-confidential and non-proprietary.

Compliance with Consumer Protection Laws

You are responsible for Your compliance with all relevant federal, state, and local consumer protection laws and regulations ("Consumer Protection Laws") in connection with the Services, including laws in foreign countries in which You operate and in which your Candidates live or work. You agree to consult with your own counsel regarding your specific legal and compliance responsibilities.

You authorize us to provide Candidates with reports about them that we produce for you. To comply with applicable law, contractual obligations, and security audits, Company or its designee may conduct audits of Client’s use of the Services and compliance with Consumer Protection Laws with two weeks written notice. Customer agrees to fully cooperate with such audits and to respond to any audit inquiry within 10 business days.

Before you use the Services, and every time you request a report from Us, You certify that:

• You have reasonable procedures in place to ensure Your compliance with all federal, state, and local laws and regulations relevant to procuring and using Reports for employment purposes.
• You will procure reports only for employment purposes, in accordance with PECA, when You have a legitimate need for background screening on a Candidate.
• You will give each Candidate a clear and conspicuous disclosure, inter-alia, obtain their express consent, that a report may be obtained about them for employment purposes, in a document consisting solely of the disclosure.
• You will obtain Candidate’s authorization to procure reports about them.
• You will obtain Candidate’s authorization to procure records and use them only in accordance with the Prevention of Electronic Crimes Act ("PECA") and related federal/provincial laws.
• You will order drug testing and other occupational health screening only in accordance with federal, state, and local law, and You understand that the results of such testing are reports.
• Before taking any adverse action against a Candidate, You will provide the Candidate with a copy of the report, the appropriate pre-adverse action notice and accompanying materials, and a description of their rights under the PECA and applicable state laws.
• You will not use information from reports in violation of any federal or state equal opportunity or anti–discrimination law or regulation.
• You will use each report only one time and within 30 days of the date We completed the report.

Termination

You agree that the Company will not be liable to you or any third-party for any termination or limitation of your access to or use of the Website.

Disclaimer

Except where expressly provided otherwise, the Website is provided on an "as is" and "as available" basis. The Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement with respect to the Website and all content provided on, or through, the Website. The Company makes no warranty that:

1. the Website or content will meet your requirements;
2. the Website will be available on an uninterrupted,timely, secure, or error-free basis;
3. the results that may be obtained from the use of the Website, or any content provided on or through the Website, will be absolutely accurate, error-free, or reliable; or
4. any content obtained by you on or through the Website will meet your expectations.

You acknowledge that:

1. the Website uses the internet for data transfer and internet-connected servers to store background information, sometimes with third-party providers, using industry standard security measures; and
2. no security measures are 100% effective.

Indemnification

You shall indemnify and hold harmless the Company, its affiliates, and subsidiaries and their respective officers, directors, employees, and agents from and against any and all damages, penalties, losses, liabilities, judgments, settlements, awards, costs, and expenses (including reasonable attorneys’ fees and expenses) arising out of or in connection with any third-party claims, assertions, demands, causes of action, suits, proceedings, or other actions, whether at law or in equity, related in any manner to:

1. any breach by you of these Terms;
2. your violation of applicable laws or ordinances; or
3. your negligence, misconduct, recklessness, or errors or omissions.

Limitation of liability

To the maximum extent permitted by law, the Company and its subsidiaries, affiliates, partners, licensors, directors, officers, employees and agents will not be responsible or liable in contract, warranty, or in tort (including negligence) for any

1. interruption of services;
2. access delays or access interruptions to the site;
3. data non-delivery, misdelivery, corruption, destruction, or other modification;
4. loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the site;
5. computer viruses, system failures, or malfunctions which may occur in connection with your use of the site or services;
6. any inaccuracies, errors or omissions in content; or
7. events beyond our reasonable control.

Furthermore, the Company will not be liable in contract, warranty, or in tort (including negligence) or any other legal theory for any indirect, punitive, special, reliance, incidental, consequential or similar damages of any kind (including loss of revenue or profits) arising out of or relating to these terms, the site or your use thereof, including the use or inability to use the services, or for any information obtained from or through the services, even if the Company has been advised of the possibility of such damages and in no event exceed the amount paid to the Company or its partners under for the services during the twelve-month period immediately preceding the initiation of any claim for damages.

The foregoing paragraphs shall not exclude or limit liability in respect of any claim, demand, or action for damages resulting from gross negligence, fraud, or wilful misconduct of the Company or its employees.

Some jurisdictions do not allow the disclaimer or exclusion of certain warranties or the disclaimer, exclusion, or limitation of certain liabilities. To the extent that they are held to be legally invalid, disclaimers, exclusions, and limitations set out in these Terms do not apply to you and all other terms will remain in full force and effect.

Waiver, serverablity, and assignment

The Company’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found invalid or unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. The Company may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

Governing law

All matters relating to the Services and your access to, and use of, the Website and content provided on or through the Website, will be governed by the laws of Pakistan.

Miscellaneous

You agree that you are an independent contractor. Nothing contained in these Terms shall be construed as creating any employment, agency, partnership, franchise, joint venture, or other form of joint enterprise or authority to bind.

Any waiver of a provision of these Terms will only be valid if provided in writing and applies only to the specific occurrence so waived. Failure to enforce any provision will not constitute a waiver. Nothing in these Terms will limit a your or our ability to seek equitable relief.

In the event that any of the provisions in the Terms are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of the Terms.

Changes to these terms

We reserve the right to update these Terms from time to time. When we update these Terms, we will change the effective date at the top. Please visit these Terms regularly to check for updates. Your continued use of Tech Exons means that you understand and agree to any updates to these Terms.