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terms and conditions appearing hereafter comprise the entire agreement
between the User (as defined below) and the Company (as defined
below) and supersede all prior agreements between the parties regarding
the subject matter contained herein. By completing the registration
process and/or clicking the "I accept" button, you are indicating
your agreement to be bound by all of the terms and conditions of
the Company as appearing below.
Definitions
-
In this Agreement the following expressions shall have the following
meanings defined below:
- Agreement"
Is defined as the completed application form and its attachment(s)
and the terms and conditions herein and is deemed to have been
executed at New Delhi. "Commencement Date"Is defined as the
date specified by the Company in its notice to the User either
through email and/or conventional mail indicating the acceptance
of the application by the User to the Service.
- Company"
Is defined as Habsons Jobsup Ltd., a limited company incorporated
under the Companies Act, 1956 and having its registered office
at 1/1 A , 3rd Floor, Bharat Nagar, New Friends Colony, New
Delhi 110 065 along with its unit for the Company's website
Jobsup.com
- Date
of Termination" Is defined as the expiry date of the notice
of termination given under clause 10 below.
- Jobsup.com"
Is defined as the Internet web site of the Company at www.jobsup.com
"User" is defined as an individual or corporate subscriber for
the Services and the signatory, whose particulars are contained
in the application form and includes his successors and permitted
assignees.
- Services"
Is defined as the services to be provided by the Company to
the User at Jobsup.com including the provision of facilities
for the following:
- A
User who wishes to make of posting of resume or curriculum vitae
for the purpose of seeking employment
-
A User who wishes to secure recruitment through Jobsup.com and
its Internet links.
-
A User who wishes to insert advertisements at Jobsup.com.
-
User who wishes to receive advertisements and promotional messages
on www.jobsup.com and through emails.
- "Services
Guide" Is defined as the information and description of the
Services for the User from time to time provided by the Company
in writing or contained within Jobsup.com.
- "Registration
Data" Is defined as all particulars and information of the User
requested on initial application and subscription, including
but without limiting to the User's name, mailing address, email
address, account and telephone number.
-
Words mentioned as singular shall also include the plural and
words importing one gender shall also include the other.
Commencement of Service
-
The Service shall commence on the Commencement Date.
Fees
- The
subscription fees for the Services shall be at the applicable
rate indicated in the Services Guide or such other rates as
may be prescribed by the Company from time to time. ("Subscription
Fees").
- Liability
for the Subscription Fees shall accrue from the Commencement
Date. This clause shall not be applicable for individual Users
who access or make postings of information at Jobsup.com for
the purpose of seeking employment.
Payment
- Where
Subscription Fees are payable, it shall be payable at or within
such time as is stated in the invoice(s) issued by the Company
to the User.
-
The User, who is liable to pay Subscription Fees, shall pay
the Subscription Fees on demand even if the User disputes the
same for any reason. In the event that the Company deciding
the dispute in the User's favor, the Company shall refund to
the User any excess amount paid by the User free of interest.
- In
the event of late payment by the User of any sums due under
this Agreement, the Company shall have the right to charge interests
on the outstanding amount from the due date until the date of
full payment.
User's
Obligations
- The
User is solely responsible for the accuracy of the Registration
Data given to the Company on initial application for the Service.
- The
User is responsible for the set-up or configuration of his equipment
for access to the Service.
- The
User is solely responsible for obtaining, at his own cost, all
licenses, permits, consents, approvals and intellectual property
or other rights as may be required for using the Service. "
The User will comply with all notices or instructions given
by the Company from time to time in respect of the use of the
Service.
- The
User shall be solely responsible for all information retrieved,
stored and transmitted through the Service by him.
- The
User is solely responsible for the maintenance of confidentiality
of and the User's password and user identification and all activities
and transmission performed by the User through his user identification
- The
User will immediately notify the Company of any un-authorized
use of the User's account or any other breach of security known
to the User.
-
The User shall where Subscription Fees are payable, to pay the
same promptly as required by the Company from time to time.
Prohibited
Use
- User
will not to allow any person other than the authorized person(s)
named in the application form to use the Service.
- The
User shall not to share the Service with any person without
the prior written approval of the Company and shall use the
Service only for the purpose for which is subscribed.
- The
User will comply with all applicable laws (and shall not contravene
any applicable law) of India relating to the Services, including
any regulation made pursuant thereto.
- The
User shall not to use the Service for any unlawful purpose including
without limitation criminal purposes.
- The
User shall not to use the Service to send or receive any message,
which is offensive on moral, religious, racial or political
grounds or of an abusive, indecent, obscene, defamatory or menacing
nature.
- The
User shall be prohibited in persistently sending messages or
make postings on Jobsup.com to any other User or third party
who access Jobsup.com without reasonable cause or for causing
any threat, harassment, annoyance, inconvenience or anxiety
to any person.
- The
User is prohibited to introduce, post or transmit any information
or software, which contains a virus, worm or other harmful component
into the internet or Jobsup.com network system. " The User will
not infringe on any intellectual property rights of any person
or retain information in any computer system or otherwise with
an intention to do so.
- The
User shall not to print, download, duplicate or otherwise copy,
delete, vary or amend or use any data or personal information
posted by any User on Jobsup.com except such data and information
which is posted by the particular User himself.
- The
User shall not violate, or attempt to violate the security of
Jobsup.com and/or any web sites linked to Jobsup.com or gain
un-authorized access any information regarded as private by
other Users or persons, including but without limitation to
accessing data and information not intended for them or logging
onto a server or account which the User is not authorized to
access, attempting to probe, scan or test the vulnerability
of a system or network or attempting to breach security or authentication.
In the event that the User breaches any of the above mentioned
covenants, and the Company becomes aware of such violation,
the Company shall have the right to delete any material relating
to the violations without prior notice to the User. The Company
shall issue a warning to the User to discontinue any activity
which leads to the said violations and in the event the User
continues with such activity, the Company has the unilateral
right to suspend or deactivate the User's access to Jobsup.com
the Service and / or any other related facility. In addition
to the right to indemnity available to the Company, the Company
shall have the right to any legal remedy, against the User to
recover the loss suffered by the Company and the harm caused
to the reputation of the Company, due to such violation by the
User.
Security
and other features
- The
User will take all such measures as may be necessary (including
without limitation changing his password from time to time)
to protect the secrecy of his user Identification and/or password
and shall not reveal the same to any other person(s).
-
The user identification is necessary to access the Service;
the User shall use only his own user Identification.
- The
User acquires no rights to any mailbox number, the user identification,
circuit reference and any codes assigned to him by the Company
and except as otherwise proved herein, the Company reserves
the right to change or re-assign the same to the User at its
sole discretion without being liable to the User in damages
or otherwise.
- In
the event of theft or loss of user identification, password
or security word, the User must notify the Company immediately
by telephone and concurrently provide the Company with a written
notice to that effect. The User shall remain liable for use
of the Services by any third party until such theft or loss
is notified to the Company.
Maintenance
of Service
The Company may at any time deactivate or suspend the User's
access to Jobsup.com and/or the Services (as the case may be) without
notice to carry out system maintenance, upgrading, testing, repairs
and other related work. Without prejudice to the other provisions
of this Agreement, the Company shall not be liable for any loss
and damage, costs and expense that the User may suffer or incur,
and no fees or charges payable by the User to the Company shall
be deducted, refunded or rebated, as a result of such deactivation
or suspension.
Termination
of Service
- Either
party to this agreement may terminate this Agreement by giving
prior notice in writing of 30 days.
- The
Company may in its sole discretion waive or accept in writing
a shorter period of notice from the User than that referred
in point 1 of this clause 10.1.
- Notwithstanding
point 1 of this clause, the Company may terminate this Agreement
with immediate effect, without prior notice to the User and
without further prejudice to all other rights:
a)if in the opinion of the Company, the User has breached any
of the terms or conditions of this agreement.
b)if, in the opinion of the Company or any regulatory authority,
it is not in the public interest to continue providing the Service
to the User for any reason.
c)if the User is declared a bankrupt or the User enters into
any compromise or arrangement with its creditors.
Liabilities
for Subscription Fees upon termination
- In
the event of termination of this Agreement pursuant to clause
10.1, without prejudice to any other remedies available to the
Company, where Subscription Fees are payable, the User shall
be liable for Subscription Fees until the Date of Termination.
- The
above amounts payable by the User upon termination shall be
payable within 30 days of the relevant Date of Termination.
Suspension of Service
-
Without prejudice to any other rights or remedies of the Company,
the Company may suspend the Service provided by the Company
in the event that any monies payable by the User are not paid.
-
Upon suspension, the Service shall be deemed to be terminated
from the date stipulated by the Company and the User shall be
liable for all charges and fees incurred up that date.
- Upon
subsequent payment by the User of such sums as demanded by the
Company, the Company may at its sole discretion and subject
to such terms as it deems proper, reconnect the Service.
Disclaimer
- The
Company shall not be liable for any loss of information howsoever
caused whether as a result of any interruption, suspension,
or termination of the Service or otherwise, or for the contents,
accuracy or quality of information available, received or transmitted
through the Service.
- The
User shall be solely responsible, and the Company shall not
be liable in any manner whatsoever, for ensuring that in using
the Service, all applicable laws, rules and regulations for
the use of systems, service or equipment shall be at all times
complied with.
- The
Company makes no representations and warranties of any kind,
whether expressed or implied, for the Services and in relation
to the accuracy or quality of any information transmitted or
obtained through the Services or Jobsup.com.
- The
Company's liability under this Agreement shall not in any event
exceed the total amount of fees and charges paid by the User
to the Company for the period immediately preceding two (2)
months prior to the incident giving rise to the relevant claim.
-
The Company shall not be liable for any loss or damages sustained
by reason of any disclosure (inadvertent or otherwise) of any
information concerning the User's account and particulars nor
for any error, omission or inaccuracy with respect to any information
so disclosed.
- The
Company does not warrant that Jobsup.com or any of the web sites
linked to Jobsup.com be free of any operational errors nor that
it will be free of any virus, worm, or other harmful component.
- The
User acknowledges that it is not the Company's policy to exercise
editorial control over and to edit or amend any data or contents
of any emails or posting or any information that may be inserted
or made available or transmitted to a third party in or through
Jobsup.com. The Company may refuse, suspend, terminate, delete
or amend any artwork, materials, information or content of any
data or information or posting so as, in the sole opinion of
the Company, to comply with the legal or moral obligations as
placed on the Company and to avoid infringing a third party's
rights or any other rules, standards or codes of practices that
may be applicable to the posting or Jobsup.com or the internet.
Use
of Data
The User hereby agrees and irrevocably authorizes the Company to
- :Use
any data and information supplied by the User in connection
with this Agreement for the Company's own purpose, to the company
supplying such data and information to any other associated
companies or selected third parties.
- Allow
all data and information supplied by the User in using the Service
to remain at Jobsup.com for the use of the Company in accordance
with service agreement with the user, notwithstanding the termination
or suspension of the Service to the User herein. Unless the
User informs the Company to delete all such data and information
following the termination or suspension of the Service to the
User, such data and information remain in the Company's property,
records and databases.
Indemnity
- The
User agree to indemnify and hold harmless the Company, its officers,
directors, employees and agents from and against any claims
actions, demands, liabilities, losses or damages whatsoever
arising from or resulting from their use of Jobsup.com or their
breach of the terms of this agreement.
Confidentiality
- Both
parties hereby agree not to divulge nor communicate to any person
(other than those whose province it is to know the same) nor
use or exploit for any purpose whatsoever (other than that contemplated
in this Agreement) any confidential information which may or
may have come to his knowledge by reason of or in connection
with this Agreement. Both parties hereby agree also agree that
they shall use all reasonable efforts to prevent their employees,
officers, agents and consultants from so acting, except where
the prior written consent of the other party is obtained or
where required to be disclosed pursuant to any applicable law
or legal process issued by any court or the rules of any relevant
regulatory body.
- The
Company maintains a policy of strict confidentiality of all
data and information submitted by the User and the Company shall
not, save as provided for under clause 14 herein, release such
data and information to any persons without the prior consent
of the User.
- The
User is entitled to access to his own data and information stored
in the database at Jobsup.com (subject to prior confirmation
of identity) and may edit or amend such data and information
at any time.
-
Users need to be aware that when they voluntarily reveal identification
oriented information (name, e-mail address) in chat and bulletin
board areas, such information may be collected by a third party
resulting in unsolicited messages from third parties. Such interaction
is beyond the control and liability of Jobsup.com.
- The
copyright, know how or any other related intellectual property
to the Service or Jobsup.com shall be the sole and exclusive
property of the Company. In the event the User has contributed
any content to Jobsup.com in any manner whatsoever, the intellectual
property of the same shall stand automatically assigned to the
Company and the User shall have no right or claim over the same.
In the event the User during the term of his agreement or any
time thereafter, uses such intellectual property in any other
website or related activity, the same can be construed to be
an infringement of the intellectual property belonging to the
Company and the Company shall have the right to legal recourse
in this regard.
Variation
- The
Company reserves the right to amend the terms and conditions
contained herein and in the Services Guide at any time upon
notice (in such form as may be determined by the Company) to
the User.
- The
Terms and Conditions of this agreement will be updated from
time to time and posted at Jobsup.com. The User should visit
the site periodically to review the Terms and Conditions. For
the avoidance of doubt, the User's continued use of the Service
constitutes an affirmation and acknowledgement of the amended
terms and conditions.
Modification
to Service
The Company reserves the right to modify or discontinue the
Service with or without notice to the User. Save for paid service,
a pro-rated refund shall be effected for the remaining unused period.
" The Company shall not be liable to the User or any third party
should the Company exercise its right to modify or discontinue the
Service.
Governing Law and Jurisdiction
This Agreement and any dispute or matter arising from incidental
use Jobsup.com is governed by the laws of India and the User and
the Company hereby submit to the exclusive jurisdiction of the courts
at Delhi, India.
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