Term of Use Agreement
The words "You" or "User" as used herein refer to all individuals and/or entities accessing or using the Website for any reason.
1.1 "Account" means the account successfully opened by the User in the Website by inserting information such as name, age, sex, registration details (if a juristic person), contact details, user name, password as required to be filled in the webpage during the Registration Process and includes any further changes and additions to the information from time to time.
1.2 "Company" means Plan One Consulting Pvt Ltd or any of its assignee, incorporated under the [Indian] Companies Act, 1956.
1.3 "Candidate" means any User who accesses the Website or uses the Services with an intension to secure employment.
1.4 "Job-provider" means any company or any other entity which accesses the Website or uses the Services with an intension to provide employment to eligible Candidates in its own organization or in facilitating Candidates to get employment in any other organization.
1.5 "Member" means the User who has completed the Registration Process successfully.
1.6 "Registration Fee" means the fee which the Users are required to pay, if applicable, for availing certain services, which is notified in the Website from time to time.
2.1 The use of this Website entitles the User, whether a Candidate or a Job-provider, to avail certain services as provided in the following clauses ("Services") and interpretation of the term "Services" shall be done accordingly depending upon the context.
2.2 The Candidates are entitled to the following Services:
2.2.1 If the Candidates have not registered and are not members, they can view job listings, search for jobs and apply to aggregated jobs only.
2.2.2 If the Candidates have registered and are members, they can in addition to the above, apply to employer jobs, register for email alerts.
2.3 The Job-providers are entitled to the following Services:
2.3.1 Job-providers can post jobs and receive applications to their job postings from interested candidates.
2.4 In addition to the above, registered members and Job-providers can avail of value added services, as may be available from time to time, by making payments where required.
2.5 The Company reserves the right to change the nature of Services and/or Value Added Services as mentioned in clause 3.2 or clause 3.3 or clause 3.4 at its sole discretion. Such change may be notified to the User by publishing the same on the Website.
3.1 The Company shall endeavor to provide the User with facilities/gateways to pay the Fee through credit cards, debit cards, demand drafts, pay orders, cheques, cash cards etc.
3.2 It is understood and agreed by the User that the Services shall only commence after realization of money in the accounts of the Company.
3.4 It is understood and agreed by the User that payment mechanisms may be governed by separate agreements between the third parties who provide facilities for such payment mechanism and the Company. Further, it is understood and agreed by the User that such payment mechanism may also be subject to agreements between third parties who provide facilities for such payment mechanism and the User.
3.5 It is understood and agreed by the User that in no event whatsoever, the Company shall take any responsibility or liability for malfunctioning or defect in any payment procedure. Payment of the Fee shall be the sole responsibility of the User.
3.6 The Company reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the Services through the Website or any other fee. The Company further reserves the right to alter any and all fees from time to time, without notice.
3.7 The User may be liable to pay all applicable charges, fees, duties, taxes, levies and assessments for availing the Services through the Website.
4. Suspension of Service
4.1 If any monies payable by the User to the Company are not paid on the due date, the Company may without prejudice to any other rights or remedies that may be available to it suspend the Service provided to the User.
4.2 When the Service subscribed for is suspended for any reason whatsoever the User shall continue to be liable for all charges and fee notwithstanding such suspension.
4.3 Upon subsequent payment by the User of such monies as demanded by the Company, the Company may at its discretion and subject to such terms as it deems proper, reconnect the Service.
The Company may at its sole discretion and without assigning any reason whatsoever at any time deactivate or/and suspend the User's access to the Website and/or the Services (as the case may be) without giving any prior notice, to carry out system maintenance or/and upgrading or/and testing or/and repairs or/and other related work. Without prejudice to any other provisions of this Agreement, the Company shall not be liable to indemnify the User for any loss or/and damage or/and costs or/and expense that the User may suffer or incur, and no fees or/and charges payable by the User to the Company shall be deducted or refunded or rebated, as a result of such deactivation or/and suspension
All subscriptions, at the sole discretion of the Company and on prior notice, may automatically renew to ensure that services are provided to Members on a continuous basis. Any discounted membership shall be renewed at the end of its term on regular membership rates. The Company reserves the right to, at its sole discretion, modify its pricing at any time upon advance notice at the Website. The Company is under no obligation to send personal notices to each of its Members. If the Member has not cancelled his membership or turned off auto-renew, if provided, within the time specified in the notice of the price change, the membership subscriptions shall be renewed at the revised price.
8. No liability for third party
Jobs posted on ViewJobs.com are either aggregated from employer websites and other sources on the net or are posted by registered employers. Company does not undertake any responsibility towards the accuracy of the same.
If You enter into correspondence or engage in commercial transactions with third parties in connection with Your use of the Services, such activity would be solely between you and the third party. The Company shall have no liability, obligation or responsibility for any such activity.
9.1 THE WEBSITE IS PROVIDED BY THE COMPANY ON AN "AS IS" BASIS THE COMPANY AND ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO THE OPERATION OF THE WEBSITE, PROVISION OF SERVICES OR SOFTWARE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE OR IN ASSOCIATION WITH THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY AND ITS LICENSORS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY AND ITS LICENSORS AND AFFILIATES FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE WEBSITE. THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT, OF ANY USER OF THE WEBSITE. THE COMPANY DOES NOT WARRANT OR COVENANT THAT THE SERVICES WILL BE AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, WILL BE SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES AND ACCESS TO THE WEBSITE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. ANY MATERIAL OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES OR THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM THE COMPANY, THE WEBSITE OR THROUGH OR FROM THE SERVICES, THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS ON THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
9.2 ALL THE CONTENTS OF THIS WEBSITE ARE ONLY FOR GENERAL INFORMATION OR USE. THEY DO NOT CONSTITUTE ADVICE AND SHOULD NOT BE RELIED UPON IN MAKING (OR REFRAINING FROM MAKING) ANY DECISION. ANY SPECIFIC ADVICE OR REPLIES TO QUERIES IN ANY PART OF THE WEBSITE IS/ARE THE PERSONAL OPINION OF SUCH EXPERTS/CONSULTANTS/PERSONS AND ARE NOT SUBSCRIBED TO BY THIS WEBSITE. FURTHER IT SHALL BE THE SOLE RESPONSIBILITY OF THE USERS TO UPDATE INFORMATION AND/OR RESUME AND THE COMPANY DOES NOT TAKE ANY RESPONSIBILITY OF THE ACCURACY OR VALIDITY OR TRUTH OF THE INFORMATION POSTED ON THE WEBSITE AND THE SHALL NOT BE LIABLE ON THIS ACCOUNT.
9.3 SINCE THE COMPANY ACTS ONLY AS A JOB SEARCHING AND PUBLISHING PORTAL FOR THE USERS, IT SHALL NOT HAVE ANY LIABILITY WHATSOEVER FOR ANY ASPECT OF THE ARRANGEMENTS BETWEEN JOB PROVIDER AND THE JOB SEEKER AS REGARDS THE TERMS OF EMPLOYMENT OFFERED BY THE JOB PROVIDERS. IN NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE FOR THE ANY ARRANGEMENTS BETWEEN THE JOB PROVIDER AND THE JOB SEEKER.
9.4 IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICES; (B) THE LOSS OF JOB OPPORTUNITY RESULTING FROM ANY INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR ARRANGEMENTS ENTERED INTO THROUGH THE SERVICES; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE USER'S TRANSMISSIONS OR DATA; (D) ANY OTHER MATTER RELATING TO THE SERVICES; INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR OPPORTUNITIES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE.
9.5 NEITHER SHALL THE COMPANY BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, THE COMPANY SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND THE COMPANY'S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
9.6 THESE LIMITATIONS, DISCLAIMER OF WARRANTIES AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
10. Limitation on Liability
The Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond the Company's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). WITHOUT LIMITING THE FOREGOING, THE COMPANY AND ITS AFFILIATES AND SUPPLIERS WILL NOT BE LIABLE UNDER ANY LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID IN ADVANCE, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICES FOR THE SUCH NUMBER OF DAYS FOR WHICH THE SERVICE COULD NOT BE AVAILED BY YOU ON ACCOUNT OF EARLY TERMINATION. SUCH AMOUNT SHALL BE PRO RATA TO THE TOTAL AMOUNT PAID BY YOU FOR THE FULL TERM.
13.1 For the purpose of this Agreement and attachments thereto and all renewals, "Confidential Information" means all financial, commercial, technical, operational, staff, management and other information (including any information relating to the Account, username or password etc.), methods developed for analysis, verification and recruitment, data and know-how relating to the Company or Candidate or the Job-provider (the "Disclosing Party") or, which may be supplied to or may otherwise come into the possession of the other (the "Receiving Party", herein the User), whether orally or in writing or in any other form, and which is confidential or proprietary in nature or otherwise expressed by the Disclosing Party to be confidential and is not generally available to the public.
13.2 The Receiving Party shall keep confidential and secret and not disclose to any third party the Confidential Information or any part of it. The Receiving Party agrees to take all possible precautions with regard to protecting Confidential Information from any third party.
13.3 Further no use, reproduction, transformation or storage of the Confidential Information shall be made by the User without the prior written permission of the Company, except where required to be disclosed pursuant to any applicable law or legal process issued by any court or the rules of any competent regulatory body.
13.5 The User has access to only his own data and information stored in the database at Website (subject to prior confirmation of identity) and nothing more. The User may edit or amend such data and information from time to time.
13.6 All Confidential Information (including name, e-mail address etc.) voluntarily revealed by the User in chat and bulletin board areas, is done at the sole discretion and risk of the User. The Company shall not be responsible for misuse of any such information, collected by a third party, or any unsolicited messages from such third parties.
13.7 If the User is neither a genuine Job Seeker nor a Job Provider nor an intended recipient and are using or accessing the Website to gain Confidential Information and if such an User has obtained access to the Confidential Information, it shall be a breach of this Agreement and shall be kept absolutely confidential. Any use or divulgence of such Confidential Information by such User, shall entitle the Company to inquire and investigate and seek legal remedy against such User including to seek temporary and permanent injunction.
14.5 Force Majeure - The Company is not liable for failure to perform any of its obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.
14.6 Grievance Redressal: The Company shall endeavour to address grievance or complaints of the Users to the extent possible. Towards this the Company is committed to form a Grievance Redressal Cell, which can be reached on the telephone number as mentioned in the Website or on the email address - email@example.com.
Links to third party sites
14.7 Interpretation In this Agreement, unless the context otherwise requires references to recitals, clauses and sub-clauses are to recitals, clauses and sub-clauses of this Agreement; headings are inserted for ease of reference only and are not to be used to define, interpret or limit any of the provisions of this Agreement; references to the singular number shall include references to the plural number and vice versa; words denoting one gender include all genders; any reference in this Agreement to a statutory provision includes that provision and any regulation made in pursuance thereof, as from time to time modified or re-enacted, whether before or after the date of this Agreement; and any reference to a time limit in this Agreement means the time limit set out in the relevant clause or Sub-clause or such other time limit which may be mutually agreed by the parties in writing.