TERMS AND CONDITIONS FOR EXPERT

  • Agreement” shall mean and include the completed application form, its attachment(s) and the terms and conditions stated herein. These terms of use (Terms) constitute a legally binding agreement between you and Capacious IT Services Private Limited (the "Company") regarding use of the website i.e. https://www.mycapacious.com (the "Site") and any services offered by the company including but not limited to delivery of content via the Site, any mobile or internet connected device or otherwise ("the Service"). By accessing the Site or Service and/or by clicking "I agree", you agree to be bound by these Terms and Conditions. You agree to register prior to uploading any content and / or comment and any other use or services of this site and provide your details including but not limited to complete name, age, email address, residential address, contact number and bank account details along with all the required Identity, Address Proof Documents and Education Documents as and where required. You are required to create a video profile briefing about yourself which will be reflected in mycapacious.com.
    "User" or "You" means any person who access or avail this site of the Company for the purpose of hosting, publishing, sharing, transacting, displaying or uploading information or views and includes other persons jointly participating in using the site of the Company.
  • The date indicating the acceptance of the application by the user of the service is the "Date of Commencement.
  • It shall be specified by the company in its notice to the user either through e-mail or conventional mail stating Yearly 4 batches shall be conducted where generally the span of each batch is for a maximum period of 3 months.
  • The date of expiry mentioned in the notice or/and the letter of termination is the "Date of Termination".
  • Market Ready (MR) would be any trained fresher who is ready for job.
  • "Product Catalogue" contains time to time information and description of the Services provided by the Company either in writing or contained in the website https://www.mycapacious.com
  • "Registration Data" Is the database of all the particulars and information supplied by the User on initial application and subscription, including but without limiting to the User's name, telephone number, mailing address, account and email address.
    Words referring to masculine include the feminine and the singular include the plural and vice versa as the context admits or requires; and Words importing persons includes individuals, bodies corporate and unincorporated.
  • "Services": Means the Services to be provided by the Company to the User of mycapacious.com and shall include the provision of following facilities:
    • a) Service to the Expert wishing to provide coaching and deliver certificate to the Novice and become a Market Ready.
    • b) Service to the Expert who wishes to Buy/Sell documents or blogs or providing solutions for Technology based queries in the portal except in the form of videos.
    • c) "mycapacious.com " Is defined as the Internet web site of the Company at https://www.mycapacious.com
    • d) "Expert": Is either a user who is willing to provide coaching or register as an expert for the Job types which are Small/Medium/Long/ Permanent for which the Expert is eligible for.

Users who violate these Terms may have their access and use of the mycapacious Sites suspended or terminated, at mycapacious discretion.

PURPOSE:

mycapacious.com is intended to serve as a preliminary medium of contact and exchange of information for its users / members / visitors who have a bona fide intention to contact and/or be contacted for the purposes related to providing coaching and get certified to become Coach, make you an Expert, recruit in existing job vacancies, try to bridge the gap by enabling you as an MR partner and companies as recruitment partners in our platform and other career enhancement services. Mycapacious.com is a platform which enables P2P connection and it doesn’t offer any courses by itself. Experts holding the certification as registered under mycapacious.com shall have the authority to pick the profiles of the students to provide coaching for the term fixed and vice versa on specific terms and conditions laid down. Premium Novice will get a request from Experts/Coaches’ asking them to join their batch while giving an explanation or a demo on the technology along with its pros and cons.

ACCEPTANCE AND MODIFICATION OF TERMS:

mycapacious.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, to update, change or modify the Terms of Service (TOS) at any time with or without notice. You agree that Mycapacious.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. The TOS shall come to effect from the date of such update, change or modification. Mycapacious is free to offer its services to any client/prospective client without restriction.

You can review the most current TOS at any time at: http://www.mycapacious.com/terms-conditions/expert These TOS apply to this website "mycapacious.com" and all associated sites linked to this website (the "Site") provided and made available to you by MYCAPACIOUS.COM.

By accessing and using this site in any manner, you agree to be bound by the TERMS OF USE. If you do not agree to the TERMS OF USE, do not access or use the SITE.

By accepting these terms and conditions, you agree to indemnify and otherwise hold harmless, its directors, officers, employers, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages arising out of, relating to or resulting from your use of the services obtained through mycapacious.com including but not limited to information provided by you or any other matter relating to mycapacious.com. Any reference to duties and taxes etc in these terms of use shall include Goods and Services Tax (herein referred as GST from the date GST law is implemented in India). Any additional tax liability arising on account of introduction of GST (whether on account of increase in rate or any change brought in by the new tax regime) would be recovered over and above the agreed contract price / service fee.

ELIGIBILITY:

You must be 18 years of age or older to visit or use mycapacious.com in any manner and enter into a binding contract. By visiting mycapacious.com or accepting these Terms of Use, You represent and warrant to the Company that you are 18 years of age or older and that You have the right, authority and capacity to use the Website and agree to and abide by these Terms of Use (TOU). You also represent and warrant to the Company that you will use mycapacious.com in a manner consistent with any and all applicable laws, rules, regulations under applicable jurisdiction.

MEMBER ACCOUNT, PASSWORD, SUBMISSIONS AND SECURITY:

You are solely responsible for maintaining confidentiality of the account and associated password and fully responsible for all activities that occur under your account. You agree to immediately notify MyCapacious.com of any unauthorized use of your account or any other breach of security. You agree to ensure that you Logout and exit from your account at the end of each session MyCapacious.com cannot and will not be liable for any loss or damage arising from your failure to comply with this.

You are also solely responsible for your Account information, content, messages or other information ("User Content") that you submit, publish or display (hereinafter, "post") on the Site or transmit to other Users. By posting User Content to the Site, You automatically grant, and you represent and warrant that you have the right to grant, to Capacious an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such User Content and to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses thereof.

By posting User Content to any public or non-public area of mycapacious.com website, You grant the Company and its affiliates the loyalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the User Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content.

USE TO BE IN CONFORMITY WITH THE PURPOSE:

Mycapacious.com and related products or service or product that is subscribe to or used (whether the same is paid by you or not) is meant for the Purpose and only the exclusive use of the subscriber/registered user. Copying or downloading or recreating or sharing passwords or sharing in any manner which is not in accordance with these terms, is a misuse of the Platform or service or product and reserves its rights to act in such manner as to protect its loss of revenue or reputation or claim damages including stopping your service or access and reporting to relevant authorities. In the event you are found to be copying or misusing or transmitting or crawling any data or photographs or graphics or any information available on Mycapacious.com for any purpose other than that being a bonafide purpose, we reserve the right to take such action that we deem fit by stopping access and claiming damages.

The user shall not upload, post, transmit, publish, or distribute any material or information that is unlawful, or which may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or racially, ethnically or otherwise objectionable. The user expressly states that the resume/insertion or information/ data being fed into the network of Capacious IT Services Private Limited by the user is correct and complete in all respects and does not contain any false, distorted, manipulated, fraudulent or misleading facts or averments) Capacious IT Services Private Limited Ltd. expressly disclaims any liability arising out of the said resume insertion/information/ data so fed into the network of Capacious IT Services Private Limited by the user. Further, the user agrees to indemnify Capacious IT Services Private Limited for all losses incurred by Capacious IT Services Private Limited due to any false, distorted, manipulated, defamatory, libelous, vulgar, obscene, fraudulent or misleading facts or otherwise objectionable averments made by the user on the network of CapaciousITServicesPrivateLimited. The User is solely responsible for maintaining confidentiality of the User password and user identification and all activities and transmission performed by the User through his user identification and shall be solely responsible for carrying out any online or off-line transaction involving credit cards / debit cards or such other forms of instruments or documents for making such transactions, assumes no responsibility or liability for their improper use of information relating to such usage of credit cards / debit cards used by the subscriber online / off-line. The User/Subscriber/Visitor to Mycapacious.com and/or its affiliated websites does hereby specifically agree that he/she shall, at all times, comply with the requirements of the Information Technology Act, 2000 as also rules, regulations, guidelines, bye laws and notifications made thereunder, while assessing or feeding any resume/ insertion or information/data into the computers, computer systems or computer network of mycapacious.com. The said User/ subscriber/ visitor to Mycapacious.com and/or its affiliated websites does further unequivocally declare that in case he violates any provisions of the Information Technology Act, 2000 and/or rules, regulations, guidelines, byelaws and notifications made there under, he shall alone be responsible for all his acts, deeds and things and that he alone shall be liable for civil and criminal liability there under or under any other law for the time being in force.

The following actions will inter alia constitute a misuse of the services offered by mycapacious.com and are strictly prohibited:

  • i. Copying, extracting, downloading, sharing, modifying, selling, storing, distributing, making derivate works from or otherwise exploiting any content, data, information, including profiles, curriculum vitae, photographs and/or graphics, available on Mycapacious.com and/or any services or products of the Company, in any manner or for any purpose which is not, consistent with the Purpose and/or in accordance with the Terms of Use. Users are expressly prohibited from using or exploiting mycapacious.com and/or any content or data provided therein for:
    • a. any commercial purposes such as creating alternate databases, extending access to Mycapacious.com to third parties without prior written consent of the Company; and/or
    • b. undertaking any business activity which is in competition with the business of the Company; and/or
    • c. for seeking fees in any name whatsoever; and/or
    • d. approaching candidates/jobseekers for any purposes other than for specific existing vacancies; and/or
    • e. Sharing access with persons who are not contracted with the Company.
  • ii. Using or attempting to use any automated program, software or system or any similar or equivalent process (including spiders, robots, crawlers etc.) to access, navigate, search, copy, monitor, download, scrape, crawl or otherwise extract in any manner, any data or content including but not limited to adding or downloading profiles, contact details, or send or redirect messages from Mycapacious.com;
  • iii. Gaining or attempting to gain unauthorized access (inter alia by hacking, password “mining” or any other means) to: (a) any portion or feature of Mycapacious.com or any of the services or products offered on or through Mycapacious.com which are not intended for you; (b) any server, website, program or computer systems of the Company or any other third parties and/or Users;
  • iv. Modifying the services provided through Mycapacious.com or their appearance using any technology or overlay any additional offering on top of such services or simulate Mycapacious.com services or its functions in any manner whatsoever without explicit consent obtained in writing by approaching us.
  • v. Accessing Mycapacious.com through interfaces other than those expressly provided by Company;
  • vi. Attempting to breach or breaching any security or authentication measures set up by the Company in relation to Mycapacious.com and/or attempting to probe, scan or test the vulnerability of the Company’s system or network;
  • vii. Circumventing or attempting to circumvent any technological protections used or employed by the Company or by any third party in order to protect the content on Mycapacious.com and/or to exclude robots, spiders etc. from crawling and /or scraping content from Mycapacious.com.
  • viii. Bypassing or Circumventing or trying to circumvent any service limits including but not limited to Search limits, Captcha limits and occurrences on different triggers.
  • ix. Interfering with or disrupting or attempting to interfere with or disrupt (including by using any device, software or routine), the use of Mycapacious.com or any computer networks connected to Mycapacious.com, by any other User;
  • x. Impersonating any other person or entity, or making any misrepresentation as to your employment by or affiliation with any person or entity;
  • xi. Forging headers or in any manner manipulating identifiers in order to disguise the origin of any user information;
  • xii. Stalking, threatening, or in any manner harassing any other User;
  • xiii. Imposing an unreasonable or disproportionately large load on Mycapacious.com infrastructure;
  • xiv. Engaging in “framing,” “mirroring,” or otherwise simulating the appearance or function of Mycapacious.com (or any part thereof) and providing deep links into Mycapacious.com (or any part thereof) without prior permission of Company;
  • xv. Spamming Mycapacious.com /Company or any other Users including by uploading, posting, emailing, SMS, transmitting or otherwise making available either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail.
  • xvi. Using Mycapacious.com or the contact details of Users for transmitting marketing and promotional mailers/ Offensive messages/ messages or communications using any media that are unrelated to recruitment or sending unsolicited commercial communications with misleading subject lines in order to intentionally obfuscate the original message.
  • xvii. Hosting, modifying, uploading, posting, transmitting, publishing, or distributing any material or information that:
    • a. Violates any applicable local, provincial, state, national or international law, statute, ordinance, rule or regulation for the time being in force;
    • b. Belongs to another person and to which you have no right;
    • c. Infringes, breaches or otherwise contravenes the rights of the Company or any third party, including any copyright, trademark, patent, rights of privacy or publicity or any other proprietary rights;
    • d. Contains computer viruses, or other computer code, files or programs designed to disrupt, destroy or interfere with or limit the functioning of Mycapacious.com, or any other computer system or resource;
    • e. Is grossly harmful, harassing, invasive of another's privacy, hateful, disparaging, relating to or encouraging money laundering or gambling in any manner, any content which is or may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libelous, blasphemous, vulgar, pornographic, obscene, or racially, ethnically, or otherwise unlawful in any manner whatsoever;
    • f. Which constitutes or encourages conduct that would constitute a criminal offence, give rise to other liability, or otherwise violate applicable law;
    • g. That deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
    • h. That harms minors in any way;
    • i. That threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation.

Capacious IT Services Private Limited will make best efforts to do so but does not warrant that any of the web sites or any affiliate site(s) or network system linked to it is free of any operational errors nor does it warrant that it will be free of any virus, computer contaminant, worm, or other harmful components. E-Mails provided as part of contact details are expected to be genuine and access to such email accounts is available to authorized personnel only.

Capacious IT Services Private Limited further reserves its right to post the data on the website Mycapacious.com or on such other affiliated sites and publications as Capacious IT Services Private Limited may deem fit and proper at no extra cost to the subscriber/ user. If any dispute arises between a user/users and Mycapacious.com arising out of use of Mycapacious.com or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of these Terms and Conditions, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by the Company. Decision of the arbitrator shall be final and binding on both the parties to the dispute. The place of arbitration shall be Hyderabad, India. The Arbitration & Conciliation Act, 1996 as amended, shall govern the arbitration proceedings. These Terms and Conditions shall be governed by the laws of Republic of India. The exclusive forum for any disputes arising out of or relating to these Terms of Use shall be a court of law located in Hyderabad, India.

DATA PRIVACY AND SMS ALERTS:

In the context of the 'alerts' service being introduced by Mycapacious.com; the candidate consents to the use of his personal data in the form of cellular phone number(s) being used by Mycapacious.com to forward relevant job alerts and other information as and when they become available.

PROFESSIONAL NETWORKING:

Professional Networking is a facility introduced by Mycapacious.com on its website for networking between Employer, their Recruiters and Job seekers through their respective Mycapacious.com, Accounts which will facilitate them in fulfillment of career and job opportunities through this unique facility.

HIRING TERMS:

You have the opportunity of availing the job recruitments inadvance by marking the calendar with your availability and get instant bookings as we make you available as soon as your previous contract is done. Access is given to you to turn On / Off the availability slots directly. As the volume of Novice, Experts and Recruiters increase the volume of jobs will also increase.

You are eligible for Short or Medium or Long or Permanent Job based types which will be available for you to choose directly (details of the Job based are mentioned under the specific heads on the main portal).You are eligible for Short, Medium and Long job types at a time (optional). You have the right to Demand a pay which you deem rightful based on the above Job types, You will choose your own rate card based on the job type. No recruiter can negotiate on your rate as the whole hiring process is automated. No restrictions will be imposed to choose a role and any role can be taken up by any professional. You can opt for our suggestions, than we would suggest you accordingly.

Once your availability is posted, Recruiters can pick you only for one assignment at a time.

If Opting for the Permanent Job type based package, you are not eligible for registering as a Coach

If the Recruiter schedules the Interview but if you do not show up to the scheduled interview or if the Interviewer has a feedback over your performance in the Interview (whether Positive or Negative) or if you deny the offer received by the Interviewer, after it is accepting, it will be reflected on your profile which results in your profile deactivation for certain time duration, which in turn reflects on booking months (Booking months is considered as 20 billable days). Once the Job is confirmed and the acceptance has been sent from your end, it will automatically be updated in your account.

Advantages for Permanent Job Type:

Mycapacious.com will take care of the Payment Cycle. All the payments between companies and Expert will take place through capacious portal alone. 50% of the amount collected by mycapacious.com is paid to the Expert once they register themselves under mycapacious.com. It will be a back to back payment i.e.; as soon as the payment is received.100% set value will be collected from the customer and paid to the Expert after-tax deductions.

Income Structure:

You have the choice to choose either to take 300$ per Novice at the end of three months coaching period (OR) take the lifelong benefit of earning 100$ per month per Market Ready (MR), every time your MR is signed up for a job/role. The referral fee would be $100. Once you start referring as soon as you get CAP ID, the person you refer must be a premium user in order to get the $100 referral fee and the referral fee will be paid within five working days from the day the premium amount is collected by us.

TERMINATION:

You agree that MyCapacious.com may, under certain circumstances and without prior notice, immediately terminate your mycapacious.com account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to,

  • i. Breaches or violations of the TOS or other incorporated agreements or guidelines,
  • ii. Requests by law enforcement or other government agencies,
  • iii. A request by you (self-initiated account deletions),
  • iv. Discontinuance or material modification to the Service (or any part thereof),
  • v. Unexpected technical or security issues or problems,
  • vi. Extended periods of inactivity,
  • vii. Engagement by you in fraudulent or illegal activities, and/or
  • viii. Termination of your MyCapacious.com account includes
    • a) Removal of access to all offerings within the Service, including but not limited to MyCapacious.com Jobseeker, Employer, Recruiter, Career forum Account,
    • b) Deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and
    • c) Barring of further use of the Service.
    • d) Any other conditions as agreed upon

Further, you agree that all terminations shall be sole discretion of MyCapacious.com and that MyCapacious.com shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.

REFUND POLICY:

Payments for the services offered by MyCapacious.com shall be on a 100% Back To Back (BTB)basis and offers no refunds unless agreed, gives no guarantees of server uptime or applications working properly. It undertakes no liability for free services, reserves its right to amend / alter or change all or any disclaimers or terms of agreements at any time without any prior notice. All terms / disclaimers whether specifically mentioned or not shall be deemed to be included if any reference is made to them.

Capacious IT Services Private Limited further reserves its right to post the data on the website MyCapacious.com or on such other affiliated sites and publications as Capacious IT Services Private Limited may deem fit and proper at no extra cost to the subscriber / user.

The subscription / agreement between MyCapacious.com and the subscriber / user is not a "non-poach agreement" nor can the same be termed or used as an alternative to "non-poach agreement" in as much as MyCapacious.com is a public site and all information posted by MyCapacious.com goes to the public domain except information / data which is specifically assigned a non-public / private character.

The Terms and conditions mentioned above regulate the usage of MyCapacious.com. Any person using MyCapacious.com in violation of the stipulations contained in the Terms and Conditions of MyCapacious.com shall render himself/herself liable to appropriate action in a court of law both civil and criminal.

If any dispute arises between a user/users and MyCapacious.com arising out of use of MyCapacious.com or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of these Terms and Conditions, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by the Company. Decision of the arbitrator shall be final and binding on both the parties to the dispute. The place of arbitration shall be Hyderabad, India. The Arbitration & Conciliation Act, 1996 as amended, shall govern the arbitration proceedings.

These Terms and Conditions shall be governed by the laws of Republic of India. The exclusive forum for any disputes arising out of or relating to these Terms of Use shall be a court of law located in Hyderabad, India.

FORMAT OF BATCHES:

You can request Premium Novice asking them to join your batch while giving an explanation or a demo on the technology along with pros and cons. Announcement ofany new batch will be done on the website mycapacious.com by the Expert, mycapacious.com grants you the right to filter and select from the list of Novice profiles and send request to the Novices at your own discretion.

Novice has the right to accept/reject the coached request sent by you. And after the batch has been started, within the initial 15 days of probation period, either of them can quit/drop the coaching service in case of irregularities of the Novice or non-satisfactory coaching from the coach, vice versa. But If a Novice left post 15 days probation period, you will be paid compensation from the fee structure model for onetime payment.

Capacious grants a limited, non-exclusive, non-transferable access and view the courses/batches and associated content for which you have paid all required fees, solely for your personal, non- commercial, educational purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with a particular courses or feature of our Services. All other uses are expressly prohibited.

The batch conducted by you will only have maximum of 9 Novices in one batch.

  • You should compulsory start the batch within 15 days from the date of sending the first request to a Novice.
  • Even if the Novices are not 9 in number the couching must begin, as there is NO condition on minimum number of Novices.
  • Incase more than 9 Novices have accepted the request, the first 9 Novices only shall attend the batch and even on acceptance by other Novices the request will be declined and the rejected Novice’s will be directed to other available Experts by mycapacious.com.
  • It is your responsibility to provide all necessary documents/materials / software’s. In case, if you are running out the material, then Nerd store can provide them on you on requesting.
  • Training mode will be solely decided by you by sending a video conferencing linkwith conformity of mycapacious.com.
  • Coaching can take place in person at the discretion of the Novice’s in the respective batches.
  • Duration of coaching is three months.
  • You can also include any testing sessions in the course at your discretion.
  • Once the coaching is done, Novice will be certified by you at the end of three months and become Market Ready.
  • MR can get bookings post coaching, but mycapacious.com is not liable in any way if you donot receive any bookings, as, the right and freedom for picking up Novice is completely given to you.

NERD STORE:

It provides an area where you can Buy/Sell your documents which has trending and updated materials or blogs where all your new features and style of teaching stories can be posted or providing solutions for. You will have access to the Nerd Store and can sell at the price convenient to you. You are responsible alone and Mycapacious.com is not liable for any copyrights which the seller maintains it.

CONFIDENTIALITY:

Personal information or business information supplied by you in coaching sessions will be treated as confidential. It will not be disclosed to a third party without your prior permission, save where required by law or where action might be necessary to prevent harm to Third Party.

You are communicating with us electronically. You will be required to provide a valid phone number while placing aconfirmation/registering with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the website and/or your order placed on the website.

  • i. The term “confidential information” shall mean information which is not generally known to the public relating to the client’s business or personal affairs.
  • ii. Company agrees not to disclose, reveal or make use of any confidential information of client, during discussion with client, the coaching session, or otherwise, without the written consent of client.
  • iii. Company shall keep the confidential information of the client in strictest confidence and shall use its best efforts to safeguard the client’s confidential information and to protect it against disclosure, misuse, espionage, loss and theft. The Client also shall do the same about the information entrusted with him and keep it confidential.
  • iv. Client confidential information shall not include material created by client on internet social media. Where such material on social media mentions company, services provided by company, company staff or programs then client agrees that company may use such material for marketing and similar purposes without express permission of client (other than by the Terms and Conditions as laid down) and that client will have no claim of any kind against company for use of the material.

Note: The terms in this agreement may be changed by mycapacious.com at any time. Mycapacious.com is free to offer its services to any client/prospective client without restriction.