1.1 These contract terms shall apply for the use of the software of PeopleStrong Technologies Private Limited (Formerly known as PeopleStrong HR Services Private Limited) having its office at A-10, Infocity, Sector-34, Gurgaon, Haryana (“PeopleStrong”), offered its App viz. Jinie (the ‘Software’).
1.2 The software is operated by PeopleStrong as web-based SaaS, respectively as a Cloud solution. This allows you to use the software stored and operating on PeopleStrong servers, respectively on servers of a third-party commissioned by PeopleStrong, via an internet connection during the term of this contract for your own purposes and to store and process your data with the aid of the software.
1.4 These contract terms shall apply exclusively. Your contract terms shall not apply. Counter confirmation from you with reference to your own terms of business are expressly rejected.
1.5 With the submission of your order, respectively your registration as a user on our websites, you agree to these contract terms in the version applicable to the conclusion of the contract.
1.6 These contract terms shall also apply for future contract relationships.
Notice of Right of Revocation (only for CONSUMERS)
2.1 Right of Revocation
As a consumer, you have the right to revoke this contract within a period of 30 days without any requirement to provide a reason. The period within which the right of revocation may be exercised shall begin on the date of conclusion of the contract; we expressly refer here to rules on the exclusion of the right of revocation for digital contents The timely dispatch of unambiguous notice of your decision to PeopleStrong shall suffice to effect revocation of this contract. You can submit this notice by e-mail. Email address is email@example.com.
2.2 Consequences of Revocation
In case of an effective revocation of a pay version, each party shall make immediate reimbursement, at the very latest within 30 days, of any services received or of any benefit gained (e.g. interest). Should you not be able to reimburse services received or are only able to do so partially or in inferior quality, you shall be required to pay compensation to PeopleStrong accordingly. You must fulfill all duties of reimbursement of payments within 30 days after dispatch of your notice of revocation.
2.3 Premature Expiry of Right of Revocation
In the case of a contract for the supply of digital contents which are not stored on physical data media, your right of revocation shall expire once we have commenced performance of the contract where you
have expressly agreed that we begin with the performance of contract before expiry of the revocation period
you have confirmed that you are aware that with this consent you lose your right of revocation upon our beginning of performance under this contract.
Online Dispute Resolution for Consumers
For our customers who are consumers, the European Commission provides a platform for extra-judicial online dispute resolution (ODR platform), which can be accessed under https://www.ec.europa.eu/consumers/odr. Our e-mail address can be found in the imprint. We are neither obliged nor willing to participate in the dispute resolution procedure.
Registration, Assurances on Registration, Conclusion of Contract
4.2 With your complete registration, you submit an offer to conclude a contract of use for the stipulated number of users (licenses) and warrant that all data provided by you on registration are accurate and complete. You are obliged to notify us of any changes in your registration data without delay.
4.3 PeopleStrong shall accept this offer by activation of your user account for the services. As a result of this acceptance, the contract between you and us shall be concluded.
4.4 If and insofar as, on registration, you make personal data (e.g. personalized e-mail addresses) for one or several users available in order to receive the desired number of licenses, you shall expressly agree to conclude our standard contract for processing pursuant to Art 28(3) of the European General Data Protection Regulation (GDPR). This can be accessed from all PeopleStrong websites under “Data Processing” and shall be an integral component of the contract.
4.5 “User” is any natural person who is entitled to use the software in accordance with the provisions of these GTCs. Only persons who stand in relation to you with contracts of service, employment or apprenticeship can be entitled to use the software. Direct or indirect use by other persons shall be prohibited. You warrant that you have secured undertakings of compliance with these GTCs from all users and insofar shall indemnify PeopleStrong from all claims.
4.6 You shall be obliged to keep the password you selected on registration and all other access data secret and to ensure that any staff granted access to these access data do the same. PeopleStrong will not divulge your password to third parties and shall at no time ask you for your password except when using the software.
4.7 By representing and advertising products and services on our websites, we provide no binding offer to purchase certain products or services.
Prices and Payment Terms
5.1 Prices and Payment terms will be agreed separately on the signing of the agreement.
Type and Scope of Service
6.1 PeopleStrong shall make software in its respective current version available for use at the router point of the data center in which the server with the software is located (“delivery point”). The software, the processing power and the necessary memory for use shall be made available by PeopleStrong. PeopleStrong is, however, not obliged to ensure the establishment and maintenance of data connection between your systems and the described delivery point.
6.2 Insofar as software operates exclusively on PeopleStrong servers or on a third-party server commissioned by PeopleStrong, you shall not require copyright exploitation rights to the software, nor shall such rights be conceded to you. PeopleStrong shall, however, grant you the non-exclusive, non-transferable right of use, limited to the duration of the contract, to load the user interface of the software for display on the monitor screen in the working memory of the terminal devices used for this end in accordance with contract and to reproduce the user interface in so doing on these terminal devices.
6.3 In the absence of an express agreement to the contrary by the parties, the contractually agreed service shall not be made available to third parties.
Availability of the Software
7.1 PeopleStrong points out that limitations or impairments to the services rendered can arise which are beyond the influence of PeopleStrong. These include, in particular, interventions by third parties that do not operate on behalf of PeopleStrong, technical conditions of the internet over which PeopleStrong has no influence, as well as force majeure. Even the hardware and software and technical infrastructure you use can have an impact on services. Insofar as such circumstances impact on the availability or functionality of the service provided by PeopleStrong, this shall have no impact on the conformity with the contract of the services rendered.
7.2 You shall be obliged to notify any function outages, disruption or impairments of software without delay and to provide information that is as precise as possible in this respect.
7.3 PeopleStrong reserves the right to change the services offered on its websites at any time and without prior notice or to offer different services, except where this is not reasonable for the user.
Your Duties as User
8.1 For the use of software, you must satisfy the system requirements set down in the product description; you shall bear responsibility in this regard.
8.2 Proper and regular backups for your data shall be your exclusive responsibility. This shall also apply for documentation (e.g. invoices) sent to you by PeopleStrong through the course of contract performance.
8.3 Insofar as you entrust PeopleStrong with protected contents (e.g graphics, brands and other copyright and trademark protected contents), you shall grant PeopleStrong all rights necessary for the performance of its contractual duties. This includes, in particular, the right to make the corresponding contents accessible to other users. Insofar, you warrant that you own all necessary rights to the entrusted material in order that you may properly grant the corresponding rights to PeopleStrong.
8.4 You shall be obliged to comply with applicable laws and third-party rights when using the contents and services on PeopleStrong websites. In particular, you shall not
use offensive or defamatory contents, irrespective of whether these contents affect other users, PeopleStrong employees or other persons or companies,
use pornographic contents or contents which breach youth protection legislation, nor shall you advertise, offer or distribute pornographic products or products which contravene youth protection legislation,
use legally protected (e.g. by copyright, trademark, patent, industrial design or utility model) contents without authorization, nor shall you advertise, offer or distribute legally protected goods or services nor shall you
perform or encourage actions in contravention of competition rules, including progressive customer advertising (such as chain, snowball or pyramid systems).
8.5 The following actions shall also be prohibited:
Use of mechanisms, software or scripts in connection with the use of PeopleStrong websites. You may, however, use the interfaces or software made available to you within the framework of the services offered on our websites.
Blocking, overwriting, modification, copying, insofar as this is not required for proper use of the services of PeopleStrong websites. (Copying by way of “robot/crawler” search engine technologies is not required for proper use of our services and is therefore expressly prohibited).
Distribution and public disclosure of contents of PeopleStrong websites or of other users.
Every act which is capable of impairing the functionality of PeopleStrong infrastructure, in particular, acts capable of placing excess pressure on it.
8.6 If third party rights are infringed or statutory provisions contravened by the contents you upload or by the use of services, you shall immediately cease and desist from the use which is contrary to the contractual agreement and/or in breach of statutory provisions.
8.7 You shall hold PeopleStrong free of all claims, including damage claims, which other users or third parties assert against PeopleStrong for infringement of their rights as a result of the contents you upload. You shall further hold PeopleStrong free of all claims, including damage claims, which other users or third parties assert against PeopleStrong for the infringement of their rights as a result of your use of services. You shall assume all reasonable costs arising to us as a result of the infringement of third party rights, including the reasonable cost of legal defense. All further rights and damage claims of PeopleStrong shall remain unaffected.
Data Protection, Right of Data Processing, Data Security
9.1 The personal data indicated by you on registration shall only be collected, stored, processed and used by PeopleStrong insofar as this is necessary for the performance of contractual duties, in particular for the provision and use of the services offered or where you have consented to the use.
9.2 PeopleStrong is committed to compliance with relevant data protection provisions. We refer here to our Data Protection Declaration accessible from any PeopleStrong website.
9.3 As regards the data stored by you on allocated memory space, you shall be responsible for the compliance with the provisions of the German Federal Data Protection Act, the European General Data Protection Regulation (GDPR) as well as, where necessary, other relevant data protection legislation. If and insofar as you process (e.g. store) personal data of third parties on the IT systems for which PeopleStrong is technically responsible, it shall be your exclusive responsibility to ensure that you comply with the necessary requirements (e.g. consent) pursuant to Art. 6 GDPR for lawful data processing. Additionally, in such cases a contract shall be concluded between you and PeopleStrong on data processing (cf. Art. 28(3) GDPR). Therefore, in the event that you process personal data of third parties using services offered by PeopleStrong, you shall undertake to notify PeopleStrong without delay and to conclude with PeopleStrong the Standard Agreement for Data Processing available on PeopleStrong websites under “Data Processing”. The processing of special categories of personal data as set down in Art. 9 GDPR (e.g. health data) is strictly prohibited.
Responsibility for Contents, Data and/or Information on Users
10.1 PeopleStrong assumes no responsibility and liability for the contents, data and/or information made available by users of PeopleStrong websites nor for the contents on linked external websites. In particular, PeopleStrong does not warrant that these contents are accurate, serve a specific purpose nor are able to serve such a purpose.
10.2 Insofar as you notice use of PeopleStrong websites which is unlawful or in breach of contract (including the use of pseudonyms or deceptive identities), we kindly ask that you notify us of such using the contact form available on the websites.
Customer Service and Support
You can submit questions or declarations in respect of your contract or with regard to our services at any time via the contact form accessible from all PeopleStrong websites or by e-mail or standard post.
Liability of PeopleStrong
12.1 PeopleStrong shall be liable to you in all cases of contractual liability for gross negligence in accordance with the statutory provisions for damages or compensation for wasted expenditure.
12.4 Where damage to you results from the loss of data, PeopleStrong shall not be liable for this insofar as the damage could have been prevented in the case of regular and comprehensive back-up of all relevant data. You shall carry out regular and comprehensive data backup personally or have it done by a third party and shall be solely responsible for this.
Termination of Contract, Reimbursement of Advanced Fees
The agreement can be terminated by you or by PeopleStrong without any requirement to specify reason upon notice of thirty (30) workdays to the end of the minimum usage period specified in the registration process or, thereafter, to the end of any extension period. Notice of termination can be submitted to firstname.lastname@example.org.
14.3 The right of both parties to terminate the contract for important reasons shall remain unaffected. An important reason for termination by PeopleStrong shall exist where the continuation of the contract relationship up to the expiry of the statutory termination deadline is not reasonable for PeopleStrong, taking into account all circumstances of the individual case and considering the genuine interests of both parties. Important reasons are, in particular, the following events:
non-compliance with statutory provisions by you;
breach of contractual duties, in particular, those set down in Sections 3, 6 and 7.3 of these contract terms;
the reputation of the services offered by PeopleStrong is impaired, not only to an insignificant extent, by you;
you advertise for associations, communities, methods or activities which are monitored by security or youth protection authorities;
you damage one or several other users;
you are a member of a sect or a controversial group.
14.4 Where an important reason exists, PeopleStrong can impose the following sanctions, irrespective of termination:
deletion of contents uploaded by you;
issue of a warning;
(temporary) blocking of access to the services offered by PeopleStrong.
14.5 In the event of termination of contract or blocking of access pursuant to this Section, your claim to the reimbursement of any fees paid in advance shall extinguish.
15.1 Amendments and supplements to these contract terms must be made in writing for their validity. This shall apply in particular to an agreement to waive this written form requirement.
15.2 Should individual provisions of these contract terms be or become void, the validity of the remaining provisions shall be unaffected. The parties undertake to replace the invalid provision with the valid provision which comes closest to the economic purpose of the invalid provisions. The same shall apply mutatis mutandis for any lacunae in this agreement.
15.3 PeopleStrong reserves the right to amend these contract terms at any time without stipulating reasons, unless, this is not reasonable for you. We shall inform you of any amendments to these contract terms in a good time. In the absence of any objection from you to the validity of the new contract terms within 14 days of notice of amendment, the amended contract terms shall be deemed to have been accepted by you. We shall remind you in the notice of amendment of your right of objection and the significance of the objection deadline.
15.4 In the absence of any agreement to the contrary, you shall be entitled to make all declarations vis-a-vis PeopleStrong by e-mail, using the relevant contact form accessible from any of our websites or by standard post. PeopleStrong shall be entitled to make declarations vis-a-vis yourself by e-mail or by standard post to the addresses which you have indicated as current contact information in your user account.
15.5 This contract shall be governed exclusively by the laws of India.