Terms and Conditions

Last updated: Mar 26, 2019

This terms and conditions are published in accordance with the Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011 which requires intermediary to publish the rules and regulations, privacy policy and user agreement for access or usage of the intermediary's computer resource i.e. use of this Mobile Application or its associated website.

This Mobile Application and its associated website is owned by Zed Capital (Hereinafter referred to as the “Owner”).

The term "User" in this terms and condition shall mean any natural or legal person who has agreed to become a user of the Mobile Application or its associated Website by registering as a User and providing Registration Data either on the Mobile Application or website using a computer system. When User uses any of the services provided by the owner either through the Mobile Application or its associated Website, including but not limited to job postings or resume services the User shall be subject to the terms, End User License Agreement, Privacy Policy, guidelines, policies, terms, and conditions as applicable, and it shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. The Owner reserves its right, at its sole discretion, to change, modify, add or remove any or all portions of these Terms of Use, at any time without any prior written notice to the User. It is the responsibility of the User to review these Terms of Use periodically for any updates / changes. The continued use of the Mobile Application and its associated website by the User after the changes to these terms and conditions are published shall mean that the User accepts and agree to the modified and changed terms and conditions. As long as the User complies with these Terms of Use, the Owner grants the User a personal, non-exclusive, non-transferable, limited privilege to enter and use the Mobile Application and its associated Website.

Downloading, installing, accessing, browsing or otherwise using the mobile application or website indicates the agreement of the user to all the terms and conditions under these terms of use, it is advised that the user reads these terms of use carefully before proceeding.

PURPOSE:

The Owner only serves as a medium for contact and exchange of information for between its Users / registered members / visitors who have a bona fide intention to contact and/or be contacted for the purposes related to genuine existing job vacancies and for other career enhancement services.

USE TO BE IN CONFORMITY WITH THE PURPOSE:

The Owner or any of its related products or services subscribed to or used either paid or unpaid is meant for the Purpose and only for the exclusive use of the subscriber and/or registered user. Copying or downloading or recreating or sharing passwords or sublicensing or sharing accounts either registered or unregistered or paid or unpaid or sharing in any manner which is not in accordance with these terms, is a misuse of the services and \ or products and the owner reserves its rights to act in such manner as to protect its loss of revenue or reputation or claim damages including stopping the service of the User or access and reporting to relevant authorities. In the event the owner is found to be copying or misusing or transmitting or crawling any data or photographs or graphics or any information available on Mobile Application or its associated website of the Owner for any purpose other than that being a bona fide Purpose, the Owner reserves the right to take such action that the Owner deem fit including stopping access and claiming damages.

It is understood and acknowledged by the user that the Mobile Application and its associated website is on a public space with free access the Owner assumes no liability for the quality and genuineness of responses. The Owner cannot monitor the responses that a person may receive in response to information he/she has displayed on the Mobile Application or its associated Website. The individual/company would have to conduct its own background checks for the bona fide nature of all response(s).

The Owner will not be liable on account of any inaccuracy of information available on its Mobile Application or its associated website as the details and job posts are uploaded by the Job Posters registered with the websiste/ application software. It is the responsibility of the visitor to further research the information available therein. Any breach of privacy or of the information provided by the consumer to the Owner and placed on the Mobile Application or on its associated website by technical or any other means is not the responsibility of Owner. Owner does not guarantee confidentiality of information provided to it by any person acquiring/using all/any information displayed on the Mobile Application or its associated website.

The Owner does not share any personally identifiable data of any User or individual/members/visitors with any other companies / entities without obtaining permission from such User or individual/members/visitors except with those acting as its agents.

The Owner would share all such information that it has in its possession in response to legal process, such as a court order or subpoena. The User shall not utilize the services offered by the Owner in any manner so as to impair the interests and functioning of the Owner. The user undertakes not to duplicate, download publish, modify and distribute material on the Mobile Application or its associated website unless specifically authorized by the Owner.

Using the contents from the Mobile Application or its associated website in any manner whatsoever for derivative works with a commercial motive without prior written consent from the Owner is strictly prohibited.

Users undertake that the services offered by the Owner shall not be utilized to upload, post, email, transmit or otherwise make available either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail. The Owner reserves the right to filter and monitor and block the emails sent by the User using the computer resources maintained by the Owner to relay emails. All attempts shall be made by the Owner and the User to abide by best International Practices in containing and eliminating Spam emails and messages.

Users shall not indiscriminately spam and/or repeatedly post jobs/forward mail. Any conduct of the User in violation of this clause shall entitle the Owner to forthwith terminate all services to the User without notice and to forfeit any amounts paid by him.

The User shall not upload, post, transmit, publish, or distribute any material or information that is unlawful, or which may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or racially, ethnically, or otherwise objectionable.

The User expressly states that the resume/insertion or information/ data being fed into the Owner’s computer resource, network, server or system by the User is correct and complete in all respects and does not contain any false, distorted, manipulated, fraudulent or misleading facts or averments. The Owner expressly disclaims any liability arising out of the said resume insertion/information/ data so fed into Owner’s computer resource, network, server or system by the User. Further, the User agrees to indemnify the Owner for all losses incurred by the Owner due to any such false, distorted, manipulated, defamatory, libelous, vulgar, obscene, fraudulent or misleading facts or otherwise objectionable averments made by the User on the Owner’s computer resource, network, server or system.

The User is solely responsible for maintaining the confidentiality of the User password and user identification and all activities and transmission performed by the User and shall be solely responsible for carrying out any online or off-line transaction involving credit cards / debit cards or such other forms of instruments or documents for making such transactions and the Owner assumes no responsibility or liability for any improper use of information relating to such usage of credit cards / debit cards used by the User or Member or Subscriber online / off-line.

The User or Member or Subscriber or Visitor to the Mobile Application or its associated website hereby specifically agree that he/she shall, at all times, comply with the requirements of the Information Technology Act, 2000 as also rules, regulations, guidelines, bye laws and notifications made thereunder, while assessing or feeding any resume/ insertion or information/data into the computers, computer systems or computer network of the Owner. The said User or Member or Subscriber or Visitor to the Mobile Application or its associated website does further unequivocally declare that in case he/she violates any provisions of the Information Technology Act, 2000 and/or rules, regulations, guidelines, byelaws and notifications made thereunder, he/she shall alone be responsible for all his/her acts, deeds and things and that he/she alone shall be liable for civil and criminal liability there under or under any other law for the time being in force.

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 by the User for using the Service offered by the Owner either on the Mobile Application or its associated website.

COMMUNICATIONS

The use of the Mobile Application and/or its associated website by the User or emails sent or other data, information or communication to the Owner, the User agree and understand that the User is communicating with the Owner through electronic records and the User consent to receive communications via electronic records from the Owner periodically and as and when required. The Owner may communicate with the User, if required, by email or by such other mode of communication, electronic or otherwise.

MISUSE STRICTLY PROHIBITED

  1. Copying, extracting, downloading, sharing, modifying, selling, storing, distributing, making derivate works from or otherwise exploiting any content, data, information, including profiles, curriculum vitae, photographs and/or graphics, available on the Mobile Application and/or its associated website and/or any services or products of the Owner, in any manner or for any purpose which is not, consistent with the Purpose and/or in accordance with the Terms of Use.
  2. Users are expressly prohibited from using or exploiting the Mobile Application and/or its associated website and/or any content or data provided therein for:
    1. any commercial purposes such as creating alternate databases, extending access to the Mobile Application or its associated website to third parties without prior written consent of the Owner; and/or
    2. undertaking any business activity which is in competition with the business of the Owner; and/or
    3. for seeking fees in any name whatsoever; and/or
    4. approaching candidates/jobseekers for any purposes other than for specific existing vacancies; and/or
    5. Sharing access with persons who are not contracted with the Owner.
    6. Reselling the products/services offered by the Owner.
  3. Using or attempting to use any automated script whether as a program, software or system or any similar or equivalent process (including spiders, robots, crawlers etc.) to access, navigate, search, copy, monitor, download, scrape, crawl or otherwise extract in any manner, any data or content including but not limited to adding or downloading profiles, contact details, or send or redirect messages from the Mobile Application or its associated website;
  4. Gaining or attempting to gain unauthorized access (inter alia by hacking, password “mining” or any other means) to:
    1. any portion or feature of the Mobile Application or its associated website or any of the services or products offered on or through the Mobile Application or its associated website which are not intended for the User;
    2. any server, website, program or computer systems of the Owner or any other third parties and/or Users;
  5. Modifying the services provided through the Mobile Application or its associated website or their appearance using any technology or overlay any additional offering on top of such services or simulate the Mobile Application or its associated website or services or its functions in any manner whatsoever without explicit consent was obtained in writing from the Owner;
  6. Accessing the Mobile Application or its associated website through interfaces other than those expressly provided by the Owner;
  7. Attempting to breach or breaching any security or authentication measures set up by the Owner in relation to the Mobile Application or its associated website and/or attempting to probe, scan or test the vulnerability of the Owner’s system or network or Server;
  8. Scraping, downloading (including bulk- downloading), replicating or otherwise extracting any information or data from the Mobile Application or its associated website (by any process, whether automatic or manual) to offer any products or services which are similar to or may in any manner compete with the products or services of the Owner;
  9. Reverse engineering, decompiling, disassembling, deciphering or otherwise attempting to do any of the aforesaid or deriving the source code for the Mobile Application or its associated website or any related technology or any part thereof;
  10. Circumventing or attempting to circumvent any technological protections used or employed by the Owner or by any third party in order to protect the content on the Mobile Application or its associated website and/or to exclude robots, spiders etc. from crawling and /or scraping content from the Mobile Application or its associated website.
  11. Bypassing or Circumventing or trying to circumvent any service limits including but not limited to Search limits, Captcha limits and occurrences on different triggers.
  12. Interfering with or disrupting or attempting to interfere with or disrupt including by using any device, software or routine, the use of the Mobile Application or its associated website or any computer networks connected to the Mobile Application or its associated website, by any other User;
  13. Developing, using or attempting to use any automated program, scripts, robots, third party software or system or any similar or equivalent process (including spiders, robots, crawlers, browser plug-ins/extensions/add-ons, iframes on third party sites, mirroring, HTML parsers etc.) to access, navigate, search, copy, monitor, download, scrape, crawl or otherwise extract or modify in any manner, any data or content from the Mobile Application or its associated website without explicit consent in writing from the Owner;
  14. Impersonating any other person or entity, or making any misrepresentation as to the employment by or affiliation with any person or entity;
  15. Forging headers or in any manner manipulating identifiers in order to disguise the origin of any user information;
  16. Stalking, threatening, or in any manner harassing any other User;
  17. Imposing an unreasonable or disproportionately large load on the infrastructure of the Mobile Application or its associated website;
  18. Engaging in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Mobile Application or its associated website or any part thereof and providing deeplinks into the Mobile Application or its associated website or any part thereof without prior permission of the Owner;
  19. Spamming Owner or any other Users including by uploading, posting, emailing, SMS, transmitting or otherwise making available either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail.
  20. Using the Mobile Application or its associated website or the contact details of Users for transmitting marketing and promotional mailers/ Offensive messages/ messages or communications using any media that are unrelated to recruitment or sending unsolicited commercial communications with misleading subject lines in order to intentionally obfuscate the original message.
  21. Hosting, modifying, uploading, posting, transmitting, publishing, or distributing any material or information that:
    1. Violates any applicable local, provincial, state, national or international law, statute, ordinance, rule or regulation for the time being in force;
    2. Belongs to another person and to which the User have no right;
    3. Infringes, breaches or otherwise contravenes the rights of the Owner or any third party, including any copyright, trademark, patent, rights of privacy or publicity or any other proprietary rights;
    4. Contains computer viruses, or other computer code, files or programs designed to disrupt, destroy or interfere with or limit the functioning of the Mobile Application or its associated website or any other computer system or resource;
    5. Is grossly harmful, harassing, invasive of another's privacy, hateful, disparaging, relating to or encouraging money laundering or gambling in any manner, any content which is or may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libelous, blasphemous, vulgar, pornographic, paedophilic, obscene, or racially, ethnically, or otherwise unlawful in any manner whatsoever;
    6. Which constitutes or encourages conduct that would constitute a criminal offence, give rise to other liability, or otherwise violate applicable law;
    7. That deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
    8. That harms minors in any way;
    9. That threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting to any other nation.
  22. In case of any misuse of the services offered by the Owner on the Mobile Application or its associated website, the Owner reserves its rights to take any actions as it may deem fit, including
    1. suspending or terminating your access to the Mobile Application or its associated website and/or the Owner’s products and/or service, forthwith and without any notice;
    2. removing or disabling any content which is non-compliant with the Terms and Conditions; and/or
    3. reporting the incident/ misuse to relevant authorities and/or initiating any legal proceedings.
  23. In case your misuse of the Mobile Application or its associated website results in or is likely to result in any loss or depletion of revenue, reputation or customer base of the Owner, the Owner additionally reserves its right to seek adequate relief against the said misuse, including relief by way of damages, injunction, etc.
  24. The user shall not infringe on any intellectual property rights of any person / entity or retain information / download any information from any computer system or otherwise with an intention to do so.

Generally

The Owner will make best efforts but does not warrant that the Mobile Application and/or its associate website or any affiliate site(s) or network system linked to it is free of any operational errors nor does it warrant that it will be free of any virus, computer contaminant, worm, or other harmful components. The subscription by the User shall be subject to Quotas as applicable and as advised. E-Mails provided as part of contact details are expected to be genuine and access to such email accounts is available to authorized personnel only.

The Owner shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the User's account and/or information relating to or regarding online transactions using credit cards/debit cards and/or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used whether or not in pursuance of a legal process or otherwise.

Payments for the services offered by the Owner shall be on a 100% advance basis. Refund if any will be at the sole discretion of the Owner. The Owner offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the User’s card/bank accounts. The Owner gives no guarantees of server uptime or applications working properly. All is on a best effort basis and liability is limited to refund of amount only. The Owner undertakes no liability for free services. The Owner reserves its right to amend / alter or change all or any disclaimers or terms of agreements at any time without any prior notice. All terms / disclaimers whether specifically mentioned or not shall be deemed to be included if any reference is made to them.

Unless otherwise specified and notwithstanding anything contained in any other agreement or arrangement, by whatever name called, the performance obligation of the Owner is to provide access of its on-line network to the User for the duration of the subscription period and reference to any usage, by whatever name called or any other performance obligation, if any, is to provide the upper limit for consumption, which by itself, does not create any additional performance obligation upon the Owner.

Subscriber/user acknowledges and agrees that the Owner or its Mobile Application and/or its associated websites, at its sole discretion and without prejudice to other rights and remedies that it may have under the applicable laws, shall be entitled to set off the amount paid or payable by the Subscriber/User against any amount(s) payable by the Subscriber/User to the Owner under any other agreement or commercial relationship towards other products/services.

The Owner further reserves its right to post the data on the its Mobile Application and/or its associated websites and/or on such other affiliated sites and publications as the Owner may deem fit and proper at no extra cost to the Subscriber / User.

The subscription / agreement between the Owner and the Subscriber / User is not a "non-poach agreement" nor can the same be termed or used as an alternative to "non-poach agreement" in as much as the Owner’s products and/or services offered are in a public site and all information posted by the Owner goes to the public domain except information / data which is specifically assigned a non-public / private character.

Any agreement for a subscription / usage entered into by the Owner does not confer exclusivity of service on any Subscriber / User.

Trademark, Copyright and Restriction

The Mobile Application and/or its associated website is controlled and operated by the Owner. All material on the Mobile Application and/or its associated website, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on the Mobile Application and/or its associated website is solely for User’s personal, non-commercial use. The User must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and the User must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which the User receives any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

Legal Proceedings

The Owner will not be a party to any legal proceedings between a User or a subscriber and a party contracted through the Mobile Application or its associated website. In case the Owner is implicated in any legal proceedings, costs will be recovered from the party that names The Owner. The Owner however will abide with any court order served on it through due process. The Owner controls and operates its Mobile Application and its associated website from address as provided in the contact details section.

The services provided by the Mobile Application or its associated website is maintained, operated or owned by the Owner. The Owner does not extend to act as an agent either express or implied on behalf of any Subscriber or User.

By accepting these terms and conditions, the User agrees to indemnify and otherwise hold harmless the Owner, its directors, officers, employers, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages arising out of, relating to, or resulting from your use of the services obtained through the Mobile Application or its associated website including but not limited to information provided by the User or any other matter relating to the Mobile Application or its associated website. Any reference to duties and taxes etc. in these terms of use shall include goods and services tax (GST) from the date GST law is implemented in India. Any additional tax liability arising on account of the introduction of GST whether on account of increase in rate or any change brought in by the new tax regime would be recovered over and above the agreed contract price / service fee.

If any dispute arises between a User or Users and the Owner arising out of the use of the Mobile Application or its associated website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of these Terms and Conditions, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by the Owner. Decision of the arbitrator shall be final and binding on both the parties to the dispute. The place of arbitration shall be the place where the Owner has its registered address in India. The Arbitration & Conciliation Act, 1996 as amended, shall govern the arbitration proceedings.

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