TERMS AND CONDITIONS
Updated: May 29, 2019
These Terms of Service, together with the Policies and the enrollment form constitute the “Agreement” between Vinterview user (job applicant/candidate) and Vinterview, which is a division of Wonksknow LLC. Vinterview may modify these policies at any time and require Vinterview user to acknowledge and agree to such changes. These changes will be binding on a going forward basis. Continued participation by you following notice of changes by Vinterview shall be deemed acceptance of those changes. “You” and “your” refers to the job applicant (candidate) who signed the Agreement (including electronically), and “we,” “us,” and “our” refers to staff, executives and officers of WONKSKNOW LLC and its subsidiary WONKSKNOW TECHNOLOGIES INDIA PVT LTD. You understand that by using the Vinterview app, you will be answering the questions that are presented to you by the Vinterview app. You understand that Vinterview app will have access to the camera and mic of your devices such as but not limited to computer, tablet and phone. You also understand that Vinterview app will record the video and audio of your answers, upload and then store the video clips with sound on its and 3rd party servers such as but not limited to Heroku, Amazon S3, etc. You also understand that your personally identifiable information such as name, qualifications, experience, interests, date of birth, etc will also be saved on Vinterview and 3rd party servers such as but not limited to Herou, Amazon S3, etc. You also acknowledge that your data such as but not limited to name and email address will also be shared with 3rd party services such as Twilio, Zoho mail, Google firebase, urban airship, SendGrid, etc to send you updates about your interview or to send you other updates such as job application status etc.
REPRESENTATIONS AND WARRANTIESYou represent and warrant that you authorized to accept and agree to these Terms of Service. Your Student(s) are of physical, medical, and mental ability to participate in the interview service offered by Vinterview and you hereby execute this agreement without coercion.
DISCLAIMERWE OFFER OUR SERVICES “AS IS” AND MAKE NO WARRANTY WHATSOEVER WITH RESPECT TO THE SERVICES, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; OR (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY OF TITLE; OR (D) WARRANTY OF PERFORMANCE OR RESULTS; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
LIMITATION OF LIABILITYIN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR GROSS NEGLIGENCE, SHALL WONKSKNOW LLC, ANY OF ITS AFFILIATES, ITS SUBSIADIRIES OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (INCLUDING INSTRUCTORS AND TUTORS) (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SERVICES AND MATERIALS RELATED THERETO, YOUR PROVISION OF INFORMATION, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY ONLY TO THE EXTENT SUCH LIMITATION IS PROHIBITED BY APPLICABLE LAW. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE) ARISING FROM THE AGREEMENT OR YOUR STUDENT(S)’ PARTICIPATION IN THE SERVICES EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO WONKSKNOW LLC FOR ANY INTERVIEW SERVICES.
INDEMNIFICATIONYou, on behalf of yourself, your heirs, assigns, representatives, and next of kin agree to hold harmless, release, waive and agree to defend, hold harmless, and indemnify Protected Entities, to the maximum extent permitted by law, from any and all injuries, liabilities or damages from your participation in the use of Vinterview web or mobile apps, except for those arising from the gross negligence or willful misconduct of Wonksknow LLC. Wonksknow LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
Class Action WaiverYou agree that the arbitration of any dispute shall be conducted on an individual, not a class-wide basis, and that no such arbitration proceedings may be consolidated with any other arbitration or other legal proceedings involving Protected Entities or any other person. You further agree that you, and anyone asserting a claim through you, will not be a class representative, class member, or otherwise participate in a class, representative, or consolidated proceeding against Protected Entities. We and you agree that the arbitrator of any dispute between us may not consolidate more than one person's claims, and may not otherwise preside over any form of a class or representative proceeding or claim (such as a class action, representative action, consolidated action or private attorney general action). Any claim that all or part of the class action waiver is invalid, unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
California Law and Arbitration AgreementAll parties to these terms and conditions waive their respective rights to a trial by jury. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Site shall be BINDING ARBITRATION administered by the American Arbitration Association (AAA) (www.adr.org). The exceptions to the exclusivity of arbitration are (1) that you have the right to bring an individual claim against Company in a small-claims court of competent jurisdiction and (2) any claim that all or part of the class action waiver is invalid, unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator, as stated above. The laws of the State of California will govern this Agreement, as well as any claim that might arise between you and us, without regard to any conflict of law provisions.
Regarding claims:(a) you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Wonksknow LLC or its affiliates (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures. (b) Either you or Company may initiate arbitration proceedings. The arbitration will be conducted before a single arbitrator. The arbitration will be an individual arbitration, and shall in no event be commenced as a representative or class arbitration. Which particular rules apply in AAA arbitration will depend on how much money is at issue. For less than $75,000, the AAA's Supplementary Procedures for Consumer-Related Disputes/Consumer Arbitration Rules will apply; for Disputes involving $75,000 or more, the AAA's Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. (c) Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Company (except for small-claims court actions) may be commenced only in the federal or state courts located in California. You hereby irrevocably consent to the jurisdiction of those courts for such purposes. This Agreement, and any dispute between you and Wonksknow LLC, shall be governed by the laws of the state California without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
InterpretationThe invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.
Our Intellectual Property RightsThe trademarks of Wonksknow LLC are proprietary to us and may not be used by you for any reasons other than as expressly permitted by these terms. All “Materials” including interview questions are the property of, or duly licensed to, Wonksknow LLC. The interview questions should not copied and should not be shared with anyone. Distribution, or reproduction, without the prior written permission of Wonksknow LLC, is strictly prohibited. You acknowledge that Wonksknow LLC and/or third party content providers remain the owners of all Materials, and that you do not acquire any of those ownership rights by viewing such material. By accepting these terms or by participating in any of our services, you agree to the Policies and the Terms of Service above, which include important terms, including, but not limited to, limitation of liability, consent to use the name and likeness of your Student(s) for marketing, consent to collect and process data of you and, consent to be contacted, and an agreement to arbitrate (collectively, the “Agreement”). For any concerns or feedback please contact firstname.lastname@example.org
Updated: May 29, 2019
Vinterview is a division of WONKSKNOW LLC. Vinterview may modify these policies at any time and require Vinterview user to acknowledge and agree to such changes. These changes will be binding on on a going forward basis. Continued participation by you following notice of changes by Vinterview shall be deemed acceptance of those changes. “You” and “your” refers to the job applicant (candidate) who signed the Agreement, and “we,” “us,” and “our” refers to staff, executives and officers of WONKSKNOW LLC and its subsidiary WONKSKNOW TECHNOLOGIES INDIA PVT LTD. Name/Likeness Permission. With respect you using the Vinterview web or mobile app for interview, you agree that Vinterview has the right to record and use your image, audio, video or likeness, in but not limited to photographs, videos, press releases, radio spots, websites, brochures or other marketing and promotional media and security audio-video surveillance without financial compensation for an unlimited time. Please contact us if you have questions or would like to revoke your consent for future marketing/promotional uses (e.g., for materials that have no yet been produced). Assumption of Risk and Indemnification. As further described in the Terms of Service, you acknowledge and agree on your behalf to (i) assume risk and financial responsibility of participation in our services and (ii) indemnify and hold WONKSKNOW LLC and its subsidiary WONKSKNOW TECHNOLOGIES INDIA PVT LTD harmless and release WONKSKNOW LLC and its subsidiary WONKSKNOW TECHNOLOGIES INDIA PVT LTD from any and all liability for any injury which may be suffered by Student(s) arising out of or in any way connected with use of Vinterview web or mobile app.