General Terms & Conditions
1. Confidentiality and Non-Disclosure:
a) The Parties recognize that either Party will have access to confidential information of the other. The party making the disclosure is referred to as the Disclosing Party and the party receiving such Confidential Information is referred to as the Receiving Party. b) Receiving Party agrees not to use, apply, employ, or exploit, directly or indirectly, any Confidential Information disclosed to it by the Disclosing Party for any purpose except to carry out discussions concerning, and the undertaking of, the Relationship, Receiving Party will not disclose any Confidential Information of the Disclosing Party to third parties or employees of Receiving Party, except third parties and employees who are required to have the information in connection with the relationship, and except as may be required by applicable law.
c) The Parties agree that while the Candidates personal data accumulated on ASANHAI in the course of provision of the Services belongs to the individual candidate who in turn authorizes INSTITUTE to share it with any third-party or INSTITUTE towards improving the candidate’s chances of employability anywhere, the analysis generated from such Candidate data so accumulated belongs to both Parties.
2. Liability of Data
a) ASANHAI stores all data on cloud and physical servers and will not be liable for any Loss of INSTITUTE’s or Candidate’s data due to server not functioning due to natural calamities.
b) If required, INSTITUTE shall download the assessment reports and data as soon the assessment process gets over.
3. Intellectual Property:
a) The intellectual property rights of the respective Parties shall continue to vest with the respective owners thereof, even if disclosed to the other Party for attaining the objectives of this PROPOSAL, and nothing herein shall mean nor shall be construed to mean that they are at any time assigned, licensed or otherwise alienated to the other Party, nor the other Party shall be entitled to claim any right, title or interest therein, at any time.
b) ASANHAI is the sole and exclusive owner of the ASANHAI Online Platform and all rights, title and interest therein belong solely and exclusively to ASANHAI.
4. Benefits to the Parties:
INSTITUTE shall have the advantage of having an assessment channel for its Candidates in the form of ASANHAI platform, whereas ASANHAI shall have advantage of having another party of good repute being added as their partner list.
5. Relationship, Arbitration and Governing Law:
a) Neither Party shall have the power to bind the other or create a liability against the other Party in any way or any purpose. Neither Party shall be responsible for the acts or defaults of the other Party or any of the employees thereof, but both parties will be responsible for the acts or defaults of their own employees working on the positions for the INSTITUTE.
b) In respect of any disputes arising between the Parties in respect of any term after the acceptance of the PROPOSAL by INSTITUTE, the same shall be referred to a Sole Arbitrator, who shall be mutually appointed by the Parties. In case of disagreement over the appointment of the Sole Arbitrator, the arbitrator shall be appointed in accordance with the provisions of the Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment of it for the time being in force. The arbitral award shall be in English and the place of Arbitration shall be at Bihar.
c) Any dispute relating to the terms and conditions of this PROPOSAL shall be subject to the laws of Republic of India and shall be subject to exclusive jurisdiction of courts of Muzaffarpur.