Terms Of Use
Please Read the Following "Terms of Use" Carefully.
If you are under the age of 18, you must have your parent or guardian read the agreement below and agrees to it for you. if you don’t get your parent or guardian to read and agree to this, you don’t have permission to use this site. please read these terms of use ("agreement") carefully before using the services offered by propellum infotech private limited by accessing, viewing, visiting, using, or interacting on this platform of propellum or with any banner, pop-up, or advertising that appears on it, you acknowledge that you have read this agreement and that you accept and will be bound by this agreement. if you do not unconditionally agree to all the terms and conditions of this agreement, you may not use the services.
Definitions
"Propellum" "we" "us" or "our" shall mean, Propellum Infotech Private Limited, a company registered under Companies Act 1956, having its registered address at B-301, Times Square Building, 1, Andheri - Kurla Rd, Marol, Andheri East, Mumbai, Maharashtra 400059 India.
"Users", "You", "Your" shall mean and include the Universities, its teachers and parents, corporate users, technology partners, etc. who accesses the Talismatic Platform for availing the Services.
"Platform", "Talismatic Platform" means and includes Talismatic Website and Talismatic Mobile App developed and owned by Propellum, to enable the Users to avail Services through the Platform.
"Services" shall mean Services offered by Propellum through the Platform, to the Users, which shall include:
Provide reliable and real-world location-based labor market data on accurate occupational, skill and industry growth projections
Delivery analytical data from a range of options such as openings by job locations, employers, job titles, wages, required certifications, and more as requested by the user.
Parties to this agreement
Visitors, viewers, users, subscribers, members, affiliates, or customers, collectively referred to herein as "Users," are parties to this agreement. If User is accessing and/or using the Platform on behalf of User’s employer or as a consultant or agent of a third party (collectively your company, University), User represent and warrant that User has the authority to act on behalf of and bind his company, University to the terms of use and everywhere in this Terms of use that refers to User, shall also include User’s company, University.
Propellum together with its subsidiaries are the creator of this Platform and accordingly its owners and/or operators are parties to this Agreement.
Modification of terms of use
Propellum wants to continually improve the Platform experience for the Users, so Propellum’s terms may change from time to time. Propellum reserves the right to modify any provision hereof from time to time, and such modification shall be effective immediately upon its posting on the Platform. User agrees to be bound to any changes to the "Terms of Use" if User s continues to use this Platform after any such modification is posted. Users of the Platform have an affirmative duty, to keep themselves informed of changes.
Propellum Privacy Policy
By using our Services, User provide us with information, files, and folders that User submits to Platform (together, "your files"). User retains full ownership of the files. Propellum does not claim any ownership on any of it. These Terms of Use do not grant us any rights to User’s files or intellectual property except for the limited rights that are needed to render the Services, as explained herein.
We may need User’s permission to do things the User asks us to do with User’s files, for example, hosting files, sharing them at User’s discretion or sending reminders. Users give us the permissions we need to do those things solely to provide the Services. This permission also extends to trust third parties we work with to provide the Services.
Users shall be solely responsible for the User’s conduct, the content of User files and folders, and User’s communications with others while using the Services. The Personal Information of the User or "your files" shall be subject to the Privacy Policy applicable to the Platform.
The Privacy Policy explains how Propellum treats your personal/confidential information and protects your privacy when you visit and/or use the Platform. You agree to the use of Your data in accordance with these Terms of use and Propellum’s Privacy Policy.
Scope of Services
Talismatic is a scalable analytics solution developed to feed today’s data glut. The cloud-based platform was designed as a sustainable means for US organizations to obtain labor market data. Talismatic specializes in big data analytics and artificial intelligence – which makes it ideal for gathering real-time job market information and competitive intelligence.
Talismatic powers its users with live job-market analytics straight from the industry. Our dashboard and custom-reporting solutions put actionable insights into the hands of decision-makers across America. By analyzing millions of data points, we provide highly accurate reports on market intelligence such as number of openings by job locations, employers, job titles, wages and required certifications, and much more to identify current job demand.
Registration
As a condition to using Services, you must register on the Platform by entering the password and username ("User ID"). You will provide Propellum with accurate, complete, and updated registration information. Failure to do so will constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (i) select or use as a User ID a name of another person with the intent to impersonate that person; or (ii) use as a User ID a name subject to any rights of a person other than you without appropriate authorization. Propellum reserves the right to refuse registration of or cancel a User ID in its discretion. You will be responsible for maintaining the confidentiality of your password.
User content
Users represent, warrant, and agree that no content/details shared by the Users on the Platform ("User Content"), violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libelous, defamatory, or otherwise unlawful material.
User grants Propellum a personal, limited, revocable, non-transferable and nonexclusive right to use the User Content, for the providing the Services. User also grants Propellum the right (i) to display User Content on the Platform (ii) promote or distribute it for the access of other Users.
User agrees that any content provided as a result of any communication between User and Propellum, shall be deemed to be a submission. All content of the submission, shall become the exclusive property of Propellum and may be used, without further permission,
Users further agree not to use the Platform, or any part thereof,
To "stalk" or harm any other Users or any other person in any way;
Impersonate any person or entity, including, but not limited to, Propellum officer, director, or representative, or falsely state or otherwise misrepresent User’s affiliation with a person or entity;
Falsify headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted on or through the Web Site;
Disrupt the normal flow of dialogue in a forum;
Interfere with or disrupt the Platform or servers or networks connected to the Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform;
"Hack" infiltrate or otherwise seek to gain unauthorized access to, or compromise the integrity of, the Platform;
Harvest, collect or store information about the other Users or the User Content posted by others on the Platform or use such information for any purpose inconsistent with the purpose of this Platform;
Use any automated procedure to gather information or data on or from the Platform by means of what is commonly called a "bot" or otherwise;
User will not violate any local, state, federal, national, rules or regulations.
Breach or attempt to breach the security of software, network, servers, data, computers or other hardware relating to the Platform or that of any third party that is hosting or interfacing with any part of the Platform or use or distribute on the Platform software or other tools or devices designed to compromise privacy or security; or
Create any frames at any other Platform pertaining to or using any of the information provided through the Platform, or promotes bonus items, giveaways, random drawings, contests or prizes on the Platform.
Fees and payment; Responsibility for usage charges
Access to and use of the Services and the features therein are free, however in future, Propellum may revamp and enhance the Services or features and thereby may provide new or additional special features which Propellum may charge for. Therefore, in future Propellum reserves the right to require payment of fees from requisite Users for certain additional Services, User will pay all applicable fees for those Services, as will be described on the Services as notice. If User continues to use those Services following such notification, that use constitutes User’s acceptance of any new or increased charges.
User agrees and acknowledge to pay all applicable fees for subscribed Services, in accordance with the terms of this Agreement and, via wire transfer or through any other mutually agreed mode of payment between the Parties.
Features of Platform
Talismatic provides labor market analytics by extracting necessary information from millions of data points. The analytics provided to the end user is based on real-time data straight from the concerned industry/market. Talismatic provides labor market data under different parameters.
Copyright and Trademark Notice
Propellum logo, Talismatic logo and other trademarks of Propellum including unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holder’s rights. User agrees that User will not use contents of the Platform to infringe the Intellectual Property Rights of Propellum in any way. User must not remove, overprint or deface any notice of copyright, trademark, logo, legend, or other notice of ownership from any originals or copies of Propellum Software, third party software, or any Content accessed on the Platform. All contents of the Platform are: Copyright 2020 Propellum Infotech Pvt. Ltd. and/or its subsidiaries. All rights reserved.
Content Available
User acknowledge that Propellum does not make any representations or warranties about the material, data, and information, such as data files, text, facts and figures, audio files or other sounds, photographs, videos, or other images (collectively, the "Content") which User may have access to as part of the Services, or through User’s use of this Platform. Under no circumstances, Propellum shall be held for liable any Content, including, but not limited to, any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via the Platform. User understand that by using this Platform, User may be exposed to Content that is offensive, indecent, or objectionable. User agrees that User shall be solely responsible for reuse of Content made available through the Platform.
Licence and Rules of Conduct
Subject to terms and conditions of this Agreement, Propellum hereby grant User a non- exclusive, non-assignable, non-transferable and limited license to use the Platform, in accordance with this Agreement.
User’s use of the Services is subject to all applicable local, state, national laws and regulations and the End User License Terms available on the Propellum’s website. Users agree not to reverse engineer, reproduce, publish, re-publish, dissemble, disseminate, modify, copy, distribute, transmit, display, perform, license, create derivative works from, transfer, or sell any material, service or feature, information, software of the Services and further agree not to use the Services as part of any another application, upload of any virus, use any content for commercial purposes, access or modify partially or otherwise to any source code, track or monitor the other users, do anything that puts an enormous/ unreasonable load on our servers, copy or create derivative work.
Social media
Propellum may, in the future, incorporate certain functions that allow you to use the Services through your accounts on certain supported third-party services, such as social network platforms etc. ("Linked Accounts"). If you choose to use such features, you understand and agree that Propellum may be required to access or use your Linked Account and You grant Propellum the necessary rights as may be required. Your use of Linked Accounts shall always be subject to the rules and regulations or terms of services applicable to such social network platform.
Restriction of Use
Propellum may disclose any information we have about you (including your identity) if Propellum determines that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Platform, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Propellum’s rights or property, or the rights or property of visitors to or users of the Platform, including Propellum’s customers. Propellum reserves the right at all times to disclose any information that Propellum deems necessary to comply with any applicable law, regulation, legal process or governmental request. Propellum also may disclose your information when Propellum determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that Propellum may preserve any transmittal or communication by you with Propellum through the Platform or any service offered on or through the Platform, and may also disclose such data if required to do so by law or Propellum determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Propellum, its employees, users of or visitors to the Platform, and the public.
You agree that Propellum may, in its sole discretion and without prior notice, terminate your access to the Platform and/or block your future access to the Platform if Propellum determines that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Platform. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Propellum, for which monetary damages would be inadequate, and you consent to Propellum obtaining any injunctive or equitable relief that Propellum deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Propellum may have at law or in equity.
You agree that Propellum may, in its sole discretion and without prior notice, terminate your access to the Platform, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Platform or any service offered on or through the Platform, or (4) unexpected technical issues or problems.
If Propellum does take any legal action against you as a result of your violation of these Terms of Use, Propellum will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Propellum. You agree that Propellum will not be liable to you or to any third party for termination of your access to the Platform as a result of any violation of these Terms of Use.
Disclaimer
Propellum does not promise that the platform or any content, service or feature of the platform will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the platform will provide specific results. the platform and its content are delivered on an “as-is” and “as-available” basis. all information provided on the platform is subject to change without notice. propellum cannot ensure that any files or other data you download from the platform will be free of viruses or contamination or destructive features. propellum disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. propellum disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the platform. you assume total responsibility for your use of the platform and any linked sites. your sole remedy against propellum for dissatisfaction with the platform or any content is to stop using the platform or any such content.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Indemnity
To the fullest extent permitted by applicable law, in no event will propellum be liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or arising from this platform or any use of this platform, or of any site or resource linked to, referenced, or accessed through this platform, or for the use or downloading of, or access to, any materials, information, products, or services, including, without limitation, any lost profits, business interruption, lost savings or loss of programs or other data, even if propellum is expressly advised of the possibility of such damages. this exclusion and waiver of liability applies to all causes of action, whether based on contract, warranty, tort, or any other legal theories.
You agree to indemnify and hold Propellum, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Propellum by any third party due to or arising out of or in connection with your use of the Platform.
Governing Law; Dispute Resolution
User agrees that all matters relating to User’s access to or use of the Platform, including all disputes, will be governed by the laws of India without regard to its conflicts of law provisions. User agrees to the personal jurisdiction by and venue of the courts in Mumbai and waives any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Propellum and you arising out of or in connection with your use of the Platform, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.