TERMS OF SERVICE AGREEMENT
(Last updated and effective: August 21, 2021)
BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND
BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE
RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER, TO READ
THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT
EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT
ACCESS OR USE OUR SITES OR OUR SERVICES.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (TOS) is a legally binding agreement that shall govern the
relationship with our users and others which may interact or interface with WorkMatch, a brand of Duthink Technologies, located in
Mumbai, and our subsidiaries and affiliates, in association with the use of the website, WorkMatch, and its Services,
which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
This site is an e-commerce website and career assessment platform which provides personalized behavior
analytics through cultural assessments.
Any and all visitors to our site shall be deemed as "users" of the herein contained Services provided for the
purpose of this Terms of Service.
The user acknowledges and agrees that the Services provided and made available through our website and
applications, which may include some mobile applications and that those applications may be made available on
various social media networking sites and numerous other platforms and downloadable programs, are the sole
property of WorkMatch. At its discretion, WorkMatch may offer additional website Services and/or products, or
update, modify, or revise any current content and Services, and this Agreement shall apply to any and all
additional Services and/or products and any and all updated, modified, or revised Services unless otherwise
stipulated. WorkMatch does hereby reserve the right to cancel and cease offering any of the aforementioned
Services and/or products. You, as the end user, acknowledge, accept, and agree that WorkMatch shall not be held
liable for any such updates, modifications, or discontinuance of any of our Services and/or products. Your
continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall
constitute your acceptance of such and as such, frequent review of this Agreement and any and all applicable
terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect.
Should you not agree to the updated, or revised terms, you must stop using the provided Services forthwith.
Furthermore, the user understands, acknowledges, and agrees that the Services offered shall be provided "AS
IS" and as such, WorkMatch shall not assume any responsibility or obligation for the timelines, missed delivery,
deletion and/or any failure to store user content, communication, or personalization settings.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT
Due to the global nature of the internet, through the use of our network, you hereby agree to comply with all
local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/
or transferring of software, technology and other technical data may be subject to the export and import laws of
the United States and possibly other countries. Through the use of our network, you thus agree to comply with
all applicable export and import laws, statutes and regulations, including but not limited to, the Export
Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control
program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/
Programs.aspx). Furthermore, you state and pledge that you:
a) Are not on the list of prohibited individuals which may be identified on any government export exclusion
report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.html), nor a member of any other
government which may be part of an export-prohibited country identified in applicable export and import laws
b) Agree not to transfer any software, technology, or any other technical data through the use of our network
Services to any export-prohibited country
c) Agree not to use our website network Services for any military, nuclear, missile, chemical or biological
weaponry end uses that would be a violation of the U.S. export laws
d) Agree not to post, transfer, nor upload any software, technology, or any other technical data which would
be in violation of the U.S. or other applicable export and/or import laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
WorkMatch shall not lay claim to ownership of any content submitted by any visitor or user, nor make such
content available for inclusion on our website Services. Therefore, you hereby grant and allow for WorkMatch the
below listed worldwide, royalty-free and non-exclusive licenses, as applicable:
a) The content submitted or made available for inclusion on the publicly accessible areas of WorkMatch's sites,
the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly
display said Content on our network Services is for the sole purpose of providing and promoting the specific
area to which this content was placed and/or made available for viewing. This license shall be available so long
as you are a member of WorkMatch's sites, and shall terminate at such time when you elect to discontinue your
b) Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible
areas of WorkMatch's sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly
perform and/or publicly display said Content on our network Services are for the sole purpose of providing and
promoting the specific area in which this content was placed and/or made available for viewing. This license
shall be available so long as you are a member of WorkMatch's sites and shall terminate at such time when you
elect to discontinue your membership.
c) For any other content submitted or made available for inclusion on the publicly accessible areas of
WorkMatch's sites, the continuous, binding, and completely sub-licensable license which is meant to permit to
use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said
content, whether in whole or in part, and the incorporation of any such Content into other works in any
arrangement or medium current used or later developed.
Those areas which may be deemed "publicly accessible" areas of WorkMatch's sites are those such areas of our
network properties which are meant to be available to the general public, and which would include message
boards and groups that are openly available to users.
CONTRIBUTIONS TO COMPANY WEBSITE
WorkMatch provides an area for our users to contribute feedback to our website. When you submit ideas,
documents, suggestions and/or proposals (Contributions) to our site, you acknowledge and agree that:
a) Your contributions do not contain any type of confidential or proprietary information
b) WorkMatch shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or
implied, related to any Contributions
c) WorkMatch shall be entitled to make use of and/or disclose any such Contributions in any such manner as
we may see fit
d) The contributor's Contributions shall automatically become the sole property of WorkMatch
e) WorkMatch is under no obligation to either compensate or provide any form of reimbursement in any manner
All users herein agree to insure and hold WorkMatch, our subsidiaries, affiliates, agents, employees, officers,
partners and/or licensors not liable for any claim or demand, which may include but is not limited to, reasonable
attorney fees made by any third party which may arise from any content a user of our site may submit, post,
modify, transmit, or otherwise make available through our Services, the use of Services or your connection with
these Services, your violations of the Terms of Service and/or your violation of any such rights of another
COMMERCIAL REUSE OF SERVICES
The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason
any part, use of, or access to WorkMatch's sites.
WorkMatch shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether
temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall
not be held liable to you or to any third party for any such alteration, modification, suspension and/or
discontinuance of our Services, or any part thereof.
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on
or through our Services, which may include the payment and/or delivery of such related goods and/or Services,
and any such other term, condition, warranty and/or representation associated with such dealings, are and shall
be solely between you and any such advertiser. Moreover, you herein agree that WorkMatch shall not be held
responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such
dealings or as a result of the presence of such advertisers on our website.
Either WorkMatch or any third parties may provide links to other websites and/or resources. Thus, you
acknowledge and agree that we are not responsible for the availability of any such external sites or resources,
and as such, we do not endorse nor are we responsible or liable for any content, products, advertising, or any
other materials that are on or available from such third party sites or resources. Furthermore, you acknowledge
and agree that WorkMatch shall not be responsible or liable, directly or indirectly, for any such damage or loss
which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance of
any such content, goods, or Services made available on or through any such site or resource.
You do hereby acknowledge and agree that WorkMatch's Services and any essential software that may be used in
connection with our Services (Software) shall contain proprietary and confidential material that is protected by
applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any
Content which may be contained in any advertisements or information presented by and through our Services or
by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore,
except for that which is expressly permitted by applicable law or as authorized by WorkMatch or such applicable
licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform
and/or create any plagiaristic works which are based on WorkMatch Services (e.g. Content or Software), in whole
WorkMatch herein has granted you personal, non-transferable, and non-exclusive rights and/or license to make
use of the object code of our Software on a single computer, as long as you do not, and shall not, allow any third
party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble, or
otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest
in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or
change the Software in any manner, nature or form, and as such, not to use any modified versions of the
Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services.
Lastly, you also agree not to access or attempt to access our Services through any means other than through the
interface which is provided by WorkMatch for use in accessing our Services.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF WorkMatch SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY
YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS
AVAILABLE" BASIS. WorkMatch AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL
WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT
LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
b) WorkMatch AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS
AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) WorkMatch SERVICES OR
SOFTWARE WILL MEET YOUR REQUIREMENTS, (ii) WorkMatch SERVICES OR
SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THAT
SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE WorkMatch
SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE, (iv) QUALITY OF ANY
PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE
PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL
MEET YOUR EXPECTATIONS, (v) THAT ANY SUCH ERRORS CONTAINED IN THE
SOFTWARE SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY
WAY OF WorkMatch SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE
DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR
AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO
ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/
OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE
DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT
MAY BE OBTAINED BY YOU FROM WorkMatch OR BY WAY OF OR FROM OUR SERVICES
OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS
e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF
EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS
THAT MAY BE CONTAINED ON A COMPUTER SCREEN. CERTAIN CONDITIONS MAY
INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM
IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY.
SHOULD YOU, ANYONE YOU KNOW, OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC
CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE
FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION,
EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY
INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT WorkMatch AND
OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND
LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT
NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS,
GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY
HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND
a) THE USE OR INABILITY TO USE OUR SERVICE
b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE
e) ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE
In the event you have a dispute, you agree to release WorkMatch (and its officers, directors, employees, agents,
parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands, and
damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected,
disclosed and undisclosed, arising out of or in any way connected to such dispute.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any service, receive or request any such news, messages, alerts or other
information from our Services concerning companies, stock quotes, investments or securities, please review the
above Sections Warranty Disclaimers and Limitations of Liability again. In addition, for this particular type of
information, the phrase "Let the investor beware" is appropriate. WorkMatch's content is provided primarily for
informational purposes, and no content that shall be provided or included in our Services is intended for trading
or investing purposes. WorkMatch and our licensors shall not be responsible or liable for the accuracy, usefulness,
or availability of any information transmitted and/or made available by way of our Services, and shall not be
responsible or liable for any trading and/or investment decisions based on any such information.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF
SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand, and agree, unless otherwise expressly provided in this TOS, that there
shall be no third-party beneficiaries to this agreement.
WorkMatch may furnish you with notices, including those with regards to any changes to the TOS, including but
not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other
reasonable means currently known or any which may be herein after developed. Any such notices may not be
received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your
acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that
would have been delivered had you accessed our Services in an authorized manner.
You herein acknowledge, understand, and agree that all of the WorkMatch trademarks, copyright, trade name,
service marks, and other WorkMatch logos and any brand features, and/or product and service names are
trademarks and as such, are and shall remain the property of WorkMatch. You herein agree not to display and/or
use in any manner the WorkMatch logo or marks without obtaining WorkMatch's prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
CLAIMS NOTICE & PROCEDURES
WorkMatch will always respect the intellectual property of others, and we ask that all of our users do the same.
With regards to appropriate circumstances and at its sole discretion, WorkMatch may disable and/or terminate the
accounts of any user who violates our TOS and/or infringes the rights of others. If you feel that your work has
been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual
property rights have been otherwise violated, you should provide to us the following information:
a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the
copyright or other intellectual property interest
b) A description of the copyrighted work or other intellectual property that you believe has been infringed
c) A description of the location of the site which you allege has been infringing upon your work
d) Your physical address, telephone number, and email address
e) A statement, in which you state that the alleged and disputed use of your work is not authorized by the
copyright owner, its agents or the law
f) A statement, made under penalty of perjury, that the aforementioned information in your notice is truthful
and accurate, and that you are the copyright or intellectual property owner, representative, or agent authorized to
act on the copyright or intellectual property owner's behalf
The WorkMatch Agent for notice of claims of copyright or other intellectual property infringement can be
contacted as follows:
BE IT KNOWN, that WorkMatch complies with all applicable Federal Communications Commission rules and
regulations regarding the closed captioning of video content. For more information, please visit our website at
This TOS constitutes the entire agreement between you and WorkMatch and shall govern the use of our Services,
superseding any prior version of this TOS between you and us with respect to WorkMatch Services. You may also
be subject to additional terms and conditions that may apply when you use or purchase certain other WorkMatch
Services, affiliate Services, third-party content or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and WorkMatch with regard to the TOS that the relationship between the
parties shall be governed by the laws of the state of without regard to its conflict of law provisions and that any
and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between
you and WorkMatch, shall be filed within the courts having jurisdiction within the County of , or the U.S. District
Court located in said state. You and WorkMatch agree to submit to the jurisdiction of the courts as previously
mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such
courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should WorkMatch fail to exercise or enforce any right or provision of the TOS, such failure shall
not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the
parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and
STATUTE OF LIMITATIONS
You acknowledge, understand, and agree that regardless of any statute or law to the contrary, any claim or
action arising out of or related to the use of our Services or the TOS must be filed within year(s) after said claim
or cause of action arose or shall be forever barred.
Please report any and all violations of this TOS to WorkMatch as follows: