FactoryDekho
FactoryDekho
Factorydekho.in (the "Site") and the Licensed Mobile Application for Accessing the Site (including all associated media and online or electronic documentation) ("the Application"), are owned and operated by Info Edge (India) Limited ("Company"). The Site and Application are hereinafter collectively referred to as "Platform". For the purposes of the Terms of Use, "You" shall mean the person who is accessing the Platform.
The Company makes available its services and products to you, through the Platform on the condition that you abide by these Terms of Use (hereinafter referred to as "Terms of Use"), as updated from time to time. If you do not accept the Terms of Use or you do not meet or comply with their provisions, you should not use or access the Platform and/or avail of the Company’s services or products via the Platform.
The Platform is made available for use only by: (a) individuals who are searching for job opportunities and vacancies and/or are interested in availing of other career enhancement services which are provided or might be provided by the Company ("Job Seekers"); and (b) by individuals and/or organizations desirous of making available information pertaining to job vacancies including but not limited to agencies acting for multiple employers / organizations in order to fill the job vacancies available with those employers/organizations(“Recruiters”). Job Seekers and Recruiters as hereinafter collectively referred to as "Users".
The Platform is intended to serve only as a preliminary medium of contact and exchange of information between the Users, 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 ("Purpose").
The Terms of Use constitute a binding legal agreement ("Agreement") between you and the Company. To the extent that you are accessing this Platform in your capacity as a representative of or as an employee of, a Recruiter, you represent and warrant that you are agreeing to these Terms of Use on your own behalf as well as on behalf of the Recruiter and have the authority to bind such Recruiter to this Agreement.
YOUR ACCESS TO OR USE OF THE PLATFORM, ANY PART THEREOF OR USE AND/OR DOWNLOADING OF ANY CONTENT AVAILABLE ON IT, INDICATES YOUR ACCEPTANCE OF THESE TERMS OF USE AND IS CONTINGENT ON YOUR COMPLIANCE WITH THE TERMS OF USE. YOU AGREE TO USE THE PLATFORM OF YOUR OWN FREE WILL AND AT YOUR OWN RISK.
By using and accessing the platform, you represent and warrant that:
you are competent to enter into a valid binding contract as per Indian law; and
you are eligible to conduct the Purpose lawfully.
The Platform and the services and products offered via the Platform (which includes both paid and free services/ products) are meant for only for legitimate and lawful uses which fall within the scope of the Purpose. The Company has the sole and absolute right to determine whether a specific type of action or use falls within the scope of the Purpose or not.
The following actions will inter alia constitute a misuse of the Platform and are strictly prohibited:
Copying, extracting, downloading, sharing, modifying, selling, storing,
distributing, making derivative works from or otherwise exploiting any content, data, information,
including profiles, curriculum vitae, photographs and/or graphics, available on the Platform and/or any
services or products of the Company, in any manner or for any purpose which is not, consistent with the
Purpose and/or in accordance with the Terms of Use.
Users are expressly prohibited from using or
exploiting the Platform and/or any content or data provided therein for:
any commercial purposes such as creating alternate databases, extending access to the Platform to third parties without prior written consent of the Company; and/or
undertaking any business activity which is in competition with the business of the Company; and/or
for seeking fees in any name whatsoever; and/or
approaching candidates/jobseekers for any purposes other than for specific existing vacancies; and/or
Sharing access with persons who are not contracted with the Company.
Reselling the products/services offered by the Company.
(ii) Using or attempting to use any automated 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 Platform;
Gaining or attempting to gain unauthorized access (inter alia by hacking, password “mining” or any other means) to: (a) any portion or feature of the Platform or any of the services or products offered on or through the Platform which are not intended for you; (b) any server, website, program or computer systems of the Company or any other third parties and/or Users;
Modifying the services provided through the Platform or their appearance using any technology or overlay any additional offering on top of such services or simulate the Platform’s services or its functions in any manner whatsoever without explicit consent obtained in writing by approaching us at factorydekho@gmail.com.
Accessing the Platform through interfaces other than those expressly provided by Company;
Attempting to breach or breaching any security or authentication measures set up by the Company in relation to the Platform and/or attempting to probe, scan or test the vulnerability of the Company’s system or network;
Scraping, downloading (including bulk- downloading), replicating or otherwise extracting any information or data from the Platform (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 Company;
Reverse engineering, decompiling, disassembling, deciphering or otherwise attempting to do any of the aforesaid or deriving the source code for the Site or Application or any related technology or any part thereof;
Circumventing or attempting to circumvent any technological protections used or employed by the Company or by any third party in order to protect the content on the Platform and/or to exclude robots, spiders etc. from crawling and /or scraping content from the Platform.
Bypassing or Circumventing or trying to circumvent any service limits including but not limited to Search limits, Captcha limits and occurrences on different triggers
Interfering with or disrupting or attempting to interfere with or disrupt (including by using any device, software or routine), the use of the Platform or any computer networks connected to the Platform, by any other User;
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 Platform without explicit consent obtained in writing by approaching us at factorydekho@gmail.com;
Impersonating any other person or entity, or making any misrepresentation as to your employment by or affiliation with any person or entity;
Forging headers or in any manner manipulating identifiers in order to disguise the origin of any user information;
Stalking, threatening, or in any manner harassing any other User;
Imposing an unreasonable or disproportionately large load on the Platform infrastructure;
Engaging in "framing," "mirroring," or otherwise simulating the appearance or function of the Platform (or any part thereof) and providing deeplinks into this Platform (or any part thereof) without prior permission of Company;
Spamming the Platform/Company 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.
Using the Platform 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.
Hosting, modifying, uploading, posting, transmitting, publishing, or distributing any material or information that:
Violates any applicable local, provincial, state, national or international law, statute, ordinance, rule or regulation for the time being in force;
Belongs to another person and to which you have no right;
Infringes, breaches or otherwise contravenes the rights of the Company or any third party, including any copyright, trademark, patent, rights of privacy or publicity or any other proprietary rights;
Contains computer viruses, or other computer code, files or programs designed to disrupt, destroy or interfere with or limit the functioning of the Platform, or any other computer system or resource;
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;
Which constitutes or encourages conduct that would constitute a criminal offence, give rise to other liability, or otherwise violate applicable law;
That deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
That harms minors in any way;
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.
In addition to the above, depending upon the nature / services chosen, certain additional conditions may apply with respect to JOBSEEKER SOLUTIONS and RECRUITMENT SOLUTIONS. By accepting these Terms of Service, Users are providing their consent to receiving communications such as announcements, administrative messages and transactional calls from Job Hai. The Users acknowledge that these additional conditions are also an integral part of these Terms of Use
NOTICE
THE SERVICES PROVIDED BY THE PLATFORM DO NOT EXTEND TO ACTING AS AN
AGENT (EXPRESS OR IMPLIED) OR AS LABOUR
CONSULTANTS ON BEHALF OF ANY SUBSCRIBER OR USER.
WE HAVE NO AGENTS AND DO NOT OPERATE THROUGH ANY AGENTS.
In case of any misuse of the Platform the Company reserves its rights to take any actions as it may deem fit, including (i) suspending or terminating your access to the Platform and/or the Company’s products and/or service, forthwith and without any notice; (ii) removing or disabling any content which is non-compliant with the Terms of Use; and/or (iii) reporting the incident/ misuse to relevant authorities and/or initiating any legal proceedings. In case your misuse of the Platform results in or is likely to result in any loss or depletion of revenue, reputation or customer base of the Company, the Company additionally reserves its right to seek adequate relief against the said misuse, including relief by way of damages, injunction, etc.
You agree to strictly abide by any limitations imposed on usage of the Platform by the Company, including limitations in terms of geography or location (e.g. of access) or quantity (e.g. number of resume accessed or downloaded in a day). Any violation entitles the Company to stop your access or service and initiate action as it may deem fit.
While using, registering on and/or creating a profile on the Platform you undertake to provide only true and correct information and further undertake to, at all times, keep the information up to date. Users are prohibited from impersonating or masquerading as any other person, whether living or dead.
The Company reserves the right to remove/suspend any content or profile which is violative of these Terms of Use including any profile providing false, incorrect, incomplete or outdated information. The Company also reserves the right to terminate any User’s access to the Platform, if he or she fails to furnish accurate or updated contact details.
You are requested not to share passwords to your account(s) on the Platform with any other individual /entity and be responsible in what you post.
If you have registered on the Platform, the safety and security of your log-in credentials (i.e. your account access information and passwords) is your responsibility. You should not share your log-in credentials with any other person. You are fully responsible for all uses of your log-in credentials including all activities that occur under your account through the Platform. The Company, however, undertakes to take all reasonable precautions at its end to ensure that there is no compromise of login credentials provided to you.
You agree to immediately notify the Company of any unauthorized use of your account and/or log-in credentials.
The Platform may make available links to other websites. When you click on such links, you may leave our Platform. These links are provided solely as convenience to you and the presence of these links shall not under any circumstances be considered as an endorsement of the contents of the same by the Company. The Company is not responsible for the content on such linked third party websites and does not make any representations relating to the content on such websites. If you chose to access these websites you do so at your own risk.
THE COMPANY IS AN INTERMEDIARY AS DEFINED UNDER SECTION 2(1)(W) OF THE INFORMATION TECHNOLOGY ACT, 2000.
The Company shall not be responsible for any content posted by any Users / third parties on the Platform. The Platform primarily serves as a portal for online distribution and publication of information submitted by Users. Although, the Company is not obligated to screen any communications or information posted by Users. Views expressed by the Users are their own and the Company does not endorse the same.In case any inaccurate or otherwise improper content which does not conform to these Terms of Use is sighted on the Platform, Users are requested to notify the Company of the same using the contract details provided below. If the Company finds such content to be in violation of the Terms of Use, the Company may in its sole discretion take down or request the removal of such content, in accordance with applicable laws.
Any mention of non-Company products or services is provided on the Platform is for informational purposes only. Nothing on the Platform shall be considered an endorsement, representation or warranty to any User or third party, whether in regards to its web site, products, services, hiring, experience, employment or recruiting practices, or otherwise.
ALL INFORMATION AVAILABLE ON THE PLATFORM (INCLUDING INFORMATION RELATING TO THE COMPANY, ITS PRODUCTS AND/OR SERVICES) IS PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITES.
WITHOUT LIMITATION ON THE FOREGOING:
THE COMPANY DOES NOT WARRANT THAT THE PLATFORM WILL OPERATE ERROR-FREE OR THAT THE SITE, APPLICATION AND THEIR SERVER(S) ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF PLATFORM RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
THE COMPANY MAKES NO REPRESENTATIONS REGARDING THE TRUTHFULNESS, ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY CONTENT POSTED BY USERS, OR OF ANY OTHER FORM OF COMMUNICATION ENGAGED IN BY USERS
THE COMPANY MAKES NO REPRESENTATIONS REGARDING THE EFFECTIVENESS OF THE SERVICES OR TIMELINESS OF THE PRODUCTS OR SERVICES OFFERED THROUGH THE PLATFORM. THE COMPANY DOES NOT GUARANTEE THAT THE SERVICES OR PRODUCTS OFFERED THROUGH THE PLATFORM WILL RESULT IN CANDIDATES BEING HIRED AND/OR VACANCIES BEING FILLED, AND IS NOT RESPONSIBLE OR LIABLE FOR ANY BUSINESS, EMPLOYMENT, HIRING AND/OR SALARY DECISIONS, FOR WHATEVER REASON MADE, MADE BY YOU.
YOU AGREE THAT ANY RELIANCE ON CONTENT OR INFORMATION POSTED ON THE PLATFORM INCLUDING BY OTHER USERS, OR ON ANY OTHER FORM OF COMMUNICATION OR INTERACTION WITH OTHER USERS, WILL BE AT YOUR OWN RISK. USERS ARE REQUESTED TO CONDUCT INDEPENDENT CHECKS BEFORE PROCEEDING WITH ANY TRANSACTION OR EXPLORING ANY EMPLOYMENT OPPORTUNITY, BASED ON THE DATA AVAILABLE ON THE PLATFORM.
THE COMPANY DOES NOT GUARANTEE THE AUTHENTICITY, NATURE AND/OR QUANTUM OF THE RESPONSES TO ANY POST OR APPLICATION UPLOADED BY A USER OR THAT THERE WILL BE ANY RESPONSE AT ALL.
All or any decisions made would be entirely your prerogative and company does not claim to offer any advice, either legal or financial, neither does it provide any guarantees or warranties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THE COMPANY PROVIDES NO GUARANTEES OF SERVER UPTIME OR APPLICATIONS WORKING PROPERLY. IN NO EVENT WILL COMPANY'S AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS, INCLUDING UNDER TORT, CONTRACT OR OTHERWISE, EXCEED THE AMOUNT OF FEES PAID BY YOU TO THE COMPANY. THESE LIMITATIONS AND EXCLUSIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
PLEASE USE THE PRIVACY SETTINGS AVAILABLE ON THE PLATFORM TO PROTECT YOUR INFORMATION.
The Privacy Policy of the Platform explains how we may use your personal data, we will at all times respect and ensure adherence to the privacy policy on a best efforts basis, additionally various settings are provided to help you to be able to control the manner in which others may be able to view your information as chosen by you to be displayed on your profile and the manner in which you may have chosen to be contacted. Any feedback provided by a User shall be deemed as non-confidential to the User.
When You share or upload or store information others may be able to view, copy or download such information.
You give us permission to use the information about actions that you have taken on Factorydekho.in in connection with ads, offers and other sponsored content that we display across our services, without any compensation to you. We use data and information about you to make relevant suggestions and recommendation to you and others.
YOU ARE REQUESTED TO HONOUR YOUR PAYMENT OBLIGATIONS TO THE COMPANY.
Payments for the services offered by the Platform shall be on a 100% advance basis. The payment for service once subscribed to by you is not refundable and any amount paid shall stand appropriated. Refund, if any, will be at the sole discretion of the Company.
User hereby irrevocably accepts to receive the tax invoice as soft copy through emails.
Notwithstanding anything contained in any other agreement or arrangement, by whatever name called, the
performance obligation of the Company (service provider) is to provide access of its on-line portal to the
customer for the duration of the subscription period & 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 Company
The Company offers no guarantees whatsoever
for the accuracy or timeliness of the refunds reaching the Customers card/bank accounts.
In the event of any suspension or termination of services on account of non-compliance of these Terms of Use, any payment made to the Company by you shall stand forfeited with immediate effect.
The User acknowledges and agrees that Company/Platform, 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 excess paid by a subscriber/user against any amount(s) payable by User to Company under any other agreement or commercial relationship towards other products/services. The Company 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. We undertake no liability for free services.
The User or customer shall be required to promptly provide copy of TDS certificate to the Company as mandated under law for tax deducted at source from the payments made to the Company. Any loss on account of non availment or disallowance of such TDS credit in view of any lapse as per this clause or as required under applicable law on the part of User or customer shall entitle the company to seek reimbursement or indemnification
Users, buying the products online are redirected to third party gateways for completing payment transactions.
These transactions happen on third party network and hence not controlled by Company.
A User through his user
identification 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
Company assumes no responsibility or liability for their improper use of information relating to such usage of
credit cards / debit cards used by the subscriber online / off-line
The Company 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.
COMPANY RESERVES ITS RIGHT TO AMEND / ALTER OR CHANGE ALL OR ANY DISCLAIMERS OR TERM(S) OR CONDITION(S) OF AGREEMENTS AT ANY TIME WITHOUT ANY PRIOR NOTICE. SUCH AMENDED TERMS SHALL BE POSTED ON THE PLATFORM.
Businesses, environment and technology evolve and in order to accommodate the changing nature of the environment in which we operate as well to provide for any additional features that may be introduced in future, these Terms may need modifications or additions. Such modifications or additions shall be effective immediately upon posting of the modified Terms of Use on the Site.
You are advised to review the modified Terms of Use periodically to be aware of such modifications or additions and your continued access or use of the Site, shall be deemed conclusive proof of your acceptance of these Terms of Use, as amended/modified from time to time
YOU ARE REQUESTED TO RESPECT OUR PROPRIETARY RIGHTS AND BRANDS
All rights, title and interest in and to the Platform including the intellectual property rights therein, which shall include but not be limited to proprietary database, trademarks, service marks, logo, copyright, know-how in and to the Platform, and any copies You are permitted to make herein, are owned by the Company and is protected by applicable laws. You are granted a limited, revocable, personal license to use and access the Platform for the Purpose, provided that you are at all times in compliance with these Terms of Use. Users shall under no circumstance sublicense, assign, or transfer the license, and any attempt at such sublicense, assignment or transfer is void. No rights are granted to you other than a limited permission to use the Platform upon the terms expressly set forth in these Terms of Use. Any misuse of the Platform or the Company’s intellectual property for a competing business or in any other manner whatsoever shall be actionable by the Company. The structure, sequence, organization and source code of the Platform are valuable trade secrets and copyright of the Company.
By opting to access the Site and use the services, you hereby acknowledge and agree that any information or material provided to the Company will be deemed NOT to be confidential and proprietary to you. By providing the Company any information or other material, You grant Company a non-exclusive, unrestricted, irrevocable, perpetual, royalty-free, worldwide, assignable, transferrable, sublicenseable, right and license, in all formats or media, whether now known or hereafter devised or discovered, to use, reproduce, display, transmit, translate, rent, sell, modify, disclose, publish, create derivative works from and distribute that material or information, and You also agree that the Company is free to use any ideas, concepts, know-how or techniques that You send us for any purpose. You further agree that such license would not lapse in any circumstances, notwithstanding the provisions of any law in force, including without limitation, the Indian Copyright Act, 1957. You further agree to indemnify, defend and hold the Company harmless from any liability arising due to the use or distribution of any such material or information.
The above provisions and rights granted regarding title and intellectual property rights associated with the Platform shall survive termination of these Terms of Use.
You are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries, while consuming the information and the services as available through the Platform.
BY ACCEPTING THESE TERMS OF USE, YOU AGREE TO INDEMNIFY AND OTHERWISE HOLD HARMLESS COMPANY, 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 PLATFORM INCLUDING BUT NOT LIMITED TO INFORMATION PROVIDED BY YOU OR ANY OTHER MATTER RELATING TO THE PLATFORM.
ANY REFERENCE TO DUTIES AND TAXES ETC IN THESE TERMS OF USE SHALL INCLUDE GOODS AND SERVICES TAX (“GST) OR VALUE ADDED TAX (VAT) AS PER LOCAL JURISDICTION OR ANY OTHER SIMILAR TAX OR DUTY, BY WHATEVER NAME CALLED (HEREIN REFERRED AS GST) AND SHALL BE CHARGED IN ADDITION TO THE BASIC AMOUNT, IN ACCORDANCE WITH RESPECTIVE LAWS & REGULATIONS.
YOU ARE REQUIRED TO PROVIDE TRUE & CORRECT INFORMATION AS REQUIRED UNDER TAX LAWS, INCLUDING BUT NOT LIMITED TO SEZ/FREE ZONE UNIT OR USAGE THEREIN & IEIL SHALL BE ENTITLED TO CONSIDER ANY INFORMATION AVAILABLE AS PER ITS RECORDS TO BE CORRECT & TRUE & DISCHARGE ITS TAX OBLIGATIONS ACCORDINGLY. IN CASE OF ANY DISCREPANCY OR CHANGE, THE USER IS REQUIRED TO PROMPTLY INTIMATE THE CORRECT OR UPDATED PARTICULARS TO THE COMPANY. THE COMPANY SHALL BE ENTITLED TO SEEK INDEMNIFICATION FROM USERS IF IT IS REQUIRED TO PAY ANY TAX, DUTY, FEE, INTEREST OR PENALTY IN VIEW OF INCORRECT OR INCOMPLETE INFORMATION OR DATA FURNISHED BY USER OR NOT GOT RECTIFIED/ UPDATED BY USER TIMELY
COMPANY MAY, WITHOUT NOTICE IN ITS SOLE DISCRETION, AND AT ANY TIME, TERMINATE OR RESTRICT YOUR USE OR ACCESS TO THE PLATFORM (OR ANY PART THEREOF) FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, THAT THE COMPANY BASED ON ITS JUDGEMENT AND PERCEPTION BELIEVES YOU HAVE VIOLATED OR ACTED INCONSISTENTLY WITH THE LETTER OR SPIRIT OF THESE TERMS OF USE.
IN THE EVENT OF SUSPENSION OR TERMINATION OF SERVICES, ANY LIMITED RIGHTS GRANTED TO YOU UNDER THESE TERMS OF USE SHALL REVERT TO THE COMPANY FOR ALL PURPOSES. FURTHER, YOU WILL RETURN TO THE COMPANY, ANY UNUSED DATA OR INFORMATION IN YOUR POSSESSION, WITH IMMEDIATE EFFECT. THE TERMS OF USE SHALL APPLY TO ANY DATA OR INFORMATION TO WHICH YOU HAD ACCESS PRIOR TO THE SAID SUSPENSION OR TERMINATION AND ANY ABUSE OR MISUSE THEREOF, SHALL BE ACTIONABLE IN ACCORDANCE WITH THE TERMS OF USE. [DURING AND BEYOND THE VALIDITY OF THIS AGREEMENT, YOU SHALL TREAT ANY PROPRIETARY DATA (INCLUDING WITHOUT LIMITATION, THE PRICING TERMS, INFORMATION RELATING TO OUR SERVICES AND BETA STAGE TRIALS ETC.) SHARED WITH YOU AS CONFIDENTIAL, IF IT WAS UNDERSTOOD AS CONFIDENTIAL BY THE NATURE OF THE INFORMATION OR THE CIRCUMSTANCES OF THE DISCLOSURE.
If any dispute arises between a User/Users and Company arising out of use of the Platform or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of these Terms of Use, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by the Company. The decision of the arbitrator shall be final and binding on both the parties to the dispute. The venue and seat of arbitration shall be New Delhi, India. The Arbitration & Conciliation Act, 1996 as amended or by any successive legislations, shall govern the arbitration proceedings.
The Company will not be party to any legal proceedings between a User (e.g. a subscriber) and a party contacted through the Platform site. In case Company is made a party in any legal proceedings, costs will be recovered from the party on whose behest the Company is involved in the matter, to which it otherwise has no control. Company however will abide with any court order served on it through due process.
These Terms of Use shall be governed by the laws of Republic of India. The exclusive forum for any disputes arising out of or relating to these Terms of Use shall be a court of law located in New Delhi, India.
THESE TERMS OF USE AS AMENDED FROM TIME TO TIME CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND COMPANY REGARDING THE PLATFORM.
These Terms of Use supersede all terms and conditions contained in any purchase order, order acknowledgment form, invoice or other business form submitted by You.
No advertisements, catalogues or other publications or statements, whether written or oral, regarding the performance of the Platform permitted under these Terms of Use shall form part of these Terms of Use.
VOID PROVISIONS SHALL HAVE NO EFFECT ON THE VALIDITY OF OTHER PARTS OF THESE TERMS OF USE
If any provision of these Terms of Use are held to be invalid or unenforceable by a court of competent jurisdiction, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use shall remain in full force and effect.
The access to this Platform is being providing only to You, for your own use in accordance with these Terms of Use You may not assign or delegate your rights under these Terms of Use or the limited license that has been extended to you, and any assignment and/or delegation of these Terms of Use or any sub licensing by you will be null and void, in case any case of this nature is brought to our notice in addition to any other remedies that we may have under the law, we reserve our rights to claim damages and seek an injunction against You.
Services are provided on an AS IS and AS AVAILABLE basis, however, there are no server uptime guarantees.
Any regulations, guidelines, legislations or lawful orders of a court or a quasi-judicial body may require us to change alter or stop our services. Similarly, any force majeure events which are beyond our reasonable control, may cause an interruption in the services or non-availability of services or certain features thereof.
Due to a high incidence of credit card fraud, your services purchased online using a credit card may not be activated without a proper verification.
YOU MAY CONTACT US BY APPROACHING US AT ANY OF THE FOLLOWING EMAIL ADDRESSES DEPENDING ON THE NATURE OF THE QUERY/ COMPLAINT THAT YOU WISH TO ADDRESS TO US:
General queries related to the functioning of the website: factorydekho@gmail.com
Fraudulent listings on the Site may be reported at: factorydekho@gmail.com
By creating a jobseeker account on the Platform, you agree to :
Receive job alerts (messages detailing jobs that match your profile as entered on the Platform) via email/SMS or any other mode. You may remove Yourself from the job alert database by resetting this option in the Privacy Setting section of Your Profile
Receive promotional mailers/ special offers/recommendations by the
Platform on its behalf or on behalf of third parties. You may remove yourself from the
promotional mailer database by resetting this option on the Privacy Setting section of Your
Profile
The insertion or information/data fed by you can be updated by You alone, without any
additional cost, except for a few fields which are automatically updated by the Platform based
on the information that is provided by you, in order to enhance your user experience
Give the Platform permission to share Your profile details with Recruiters who have posted Job listings/postings with Job descriptions matching data/information fed by You
Making your resume searchable to all Users of the Platform who subscribe to RESDEX (Resume Database Access) (“Subscribers”). You may be contacted by Subscribers via email, telephone and/or post. We recommend that you read the privacy settings carefully to make your profile accessible to recruiters/ employers as per your preferences. The Site will not be held responsible for contacts/mails received by you. Your profile may be accessible with restrictions to unregistered users as well, however, they shall not be able to contact You.
Certain portions/functions of the Platform may not require a mandatory registration, if You are unregistered and You are using such portion of the Platform , You undertake that
The data/information fed by You is true and correct in all respects
You will not disseminate false/objectionable/offensive material using these services or any material which is violative of the Terms of Use of the Platform;
You shall use the services exclusively for the purposes of bona fide
job applications; Usage of the interface on the Platform for any other purpose is strictly
prohibited.
Please note that The Platform may reach out to You, based on the interests
expressed by You while using the Platform.
In order to use the Platform, you may sign in using your third party login like Truecaller etc.. If you do so, you authorize us to access and use certain third party account information, including but not limited to your public profile on third party. For more details regarding the information we collect from you and how we use it, please visit our Privacy Policy.
When You indicate your interest in a job posting on the Platform, you are sending your CV and application information including relevant documents to the Platform, and you are requesting and authorizing the Platform to make available such application/ information to the applicable advertiser(s) for such job posting(s).
By using the Platform, You agree that the Company is not responsible for the content of the Recruiter/employer’s application form, messages, screener questions, testing assessments; required documents, or their format or method of delivery.
You consent to your application, documents and any responses sent to you by the Recruiter/employer or vice versa through the Platform being processed and analysed by the Company according to these Terms of Use and the Platform’s Privacy Policy. The Platform shall store and process such information regardless of whether a job vacancy has been filled. The Platform may use your application materials (including public CVs and responses to employer’s questions) to determine whether you may be interested in a job posting, and the Platform may reach out to you about such job posting.
Information you post in public areas of the Platform or applications or make visible in the resume and profile database, may be accessed, used, and stored by others around the world, including those in countries that might not have a legislation that guarantees adequate protection of personal information as defined by your country of residence. While the Platform takes measures to safeguard your information from unauthorized access or inappropriate use, the Platform does not control these third parties and we are not responsible for their use of information you give to us. Accordingly, you should not post sensitive information or any other information you would not want made public, to any portion of the Platform or to a public website.
The Company merely offers a platform, therefore the Company neither guarantees nor offers any warranty about the credentials, bonafides, status or otherwise of the prospective Recruiter/employer/organization which downloads the resume/ insertion or information/data and uses it to contact you
The Company will not be held liable for loss of any data technical or otherwise, or of the resume/ insertion or information/data or particulars supplied by You due to acts of god as well as reasons beyond its control like corruption of data or delay or failure to perform as a result of any cause(s) or conditions that are beyond the Company’s reasonable control including but not limited to strikes, riots, civil unrest, Govt. policies, tampering of data by unauthorized persons like hackers, distributed denial of service attacks, virus attacks, war and natural calamities.
You are advised not make any payments to any Recruiters and are further advised to check the authenticity of all or any response received pursuant to the resume/ insertion or information/data being fed into the network system of the Platform by you, prior to going out of station or in station for any job or interview. The Company assumes no responsibility in respect thereof and expressly disclaims any liability for any act, deed or thing which you may do, pursuant to the receipt of the response, if any, to the resume/ insertion or information/ data being fed into the network system of the Platform.
The Company reserves its right to reject and delete any resume/ insertion or information/data fed in by you without assigning any reason.
In case You have opted for any paid services designed to enhance your job search, depending on the services opted, the following shall also apply:
The Company will commence providing services only upon receipt of amount/charges upfront either from You or from a third party on Your behalf and once the receipt of the payment has been identified in terms of sales order.
Services once subscribed are not transferable.
Payment once received stands appropriated, the refund policy of the Site shall govern.
In case you have subscribed to Resume writing/development services, You must respond to the queries raised (sent by email) by us within 7 days of such a query being raised failing which, the Company shall stand absolved of all its obligations.
Job Alerts: The Platform uses an automated algorithm to match jobs against the keywords/attributes present in the profile submitted by the user or based on the preferences set by a user, and hence offers no guarantee nor warranties that the jobs sent in the job mail will be relevant to the profile. You are advised to independently verify the authenticity of the credentials of the employers/recruiters whose profiles and or offers may be part of the Job Alerts (Mail or SMS)
The services provided to You are aimed at providing recruitment solutions and should be restricted to contacting suitable candidates for genuine jobs in existence.
Through the Platform any Recruiter with an account on the Platform may post jobs to source and hire potential candidates for the Recruiter's/end employer’s organization and view the profiles of candidates who have applied to the job. However, this may be subject to certain additional compliances.
For every job posted on the Platform the Company might also share profiles of the candidates matching the Job Description advertised in the Job posting (i.e. Database Match).
Mailing practices such as transmitting marketing and promotional mailers/ offensive messages/ messages with misleading subject lines in order to intentionally obfuscate the original message, are strictly prohibited. Similarly, posting jobs without authorization from the end employer is an incorrect practice and is prohibited. We reserve the right to terminate services, without prior notice, to the originator of spam. No refund shall be admissible under such circumstances.
You undertake that the jobs sought to be advertised on any section of the Platform are for genuine openings and You have the authority to advertise or act as a recruiter to ensure that the job vacancies are closed.
A User shall be subject to Quotas as applicable and as advised. The number of transactions i.e. CV access /contact views/job postings per day or per month may also be restricted as per the current prevalent limit per log in, each login is required to be specific to identifiable one individual user alone. This is subject to change.
Unless You are utilizing the Platform in the capacity of a fulfilling agent acting for a third party “Consultant” for the hiring requirements of an end employer, the transfer/ movement of Resumes/CVs/Job Seeker details out of Recruiter’s establishment is not permissible.
You shall ensure compliance with all applicable laws for the protection of the personal details of the users whose profiles are accessed by You through the Platform, including but not limited to compliance with any laws/regulations relating to unsolicited communications etc, the Telecom Commercial Communications Customer Preference Regulations, 2018 as amended, as also rules, regulations, guidelines, bye laws and notifications made thereunder, while availing services of the Company on the Platform.
You will comply with all applicable data protection laws in relation to the processing of personal data; and not process personal data in an unlawful manner and excessive with regard to agreed purposes as defined in the privacy policy and these terms and conditions
You agree to provide reasonable assistance as is necessary to facilitate the handling of any Data Security Breach in an expeditious and compliant manner
You shall implement adequate technical and organizational controls to protect the shared personal data obtained from the Company against unauthorised or unlawful processing and against accidental loss, destruction, damage, alteration or disclosure
You agree that the responsibility for complying with a data subject request lies with the party which holds/processes the personal data collected/shared
You warrant and represent that the User shall not disclose or transfer personal data obtained from the Company to any sub-processors without ensuring that adequate and equivalent safeguards to the personal data.
You shall retain or process shared personal data for no longer than is necessary to carry out the agreed purposes and thereafter destroy these. The Company reserves it right to seek a certificate to this effect from You.
Any piece of personal data that is accessed by You from the Platform, shall be used only for fulfilling hiring requirements, any usage for any other purposes is strictly prohibited. The Platform and the Recruiters etc. (as applicable) would act as independent Data Fiduciaries in their respective capacity.
Additional information may be asked from the job seekers when they apply to a job posted by You through the Platform. You shall ensure that any additional information collected from the job seekers during their interaction with you in any form through the Platform’s interface shall not include special categories of information (such as racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, sexual orientation, passwords, financial information and health information) until explicit consent is taken from the Job Seekers (Data Principal).
In such cases where the Platform is processing information exclusively on your behalf, it acts in the capacity of a data processor with you acting as the Data Fiduciary.
The Company shall be entitled to place the information relating to job postings in specified sections on the Platform and such other mirror or parallel website(s) or in allied publications or in any other media as the Company may deem fit and proper but such additional publication shall be without any extra cost to You and the Company shall not be held liable for usage/publicity of such information / data.
The Recruiter 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 Recruiter for using the Service
By posting/uploading a job posting/listing on the Platform, You confirm that You have obtained all licenses/permits as are necessary for the said activity and to indemnify the Company against all claims, damages arising out of actions/claims that may be made by third parties in relation to the same.
The information related to job postings displayed on the Platform shall be for a fixed period, which period is subject to change.
Depending on the type of job post/listing that has been subscribed, the features and the fields may vary.
The Company has the right to make all such modifications/editing of the job posting details in order to fit its data structure.
The Company reserves its right to reject any job posting or information/data provided by you without assigning any reason either before uploading or after uploading the job posting details.
The Company will commence providing the services only upon receipt of amount/charges upfront either from You or from a third party on Your behalf
In case You have opted for shortlisting services, the Company will make best efforts to use the parameters provided by You to short list, but takes no responsibility for the accuracy of the short listing based on the parameters for selection as specified by You. The Company does not act as an agent of the Recruiter.
You may also be offered other services, including use of the Response manager, access to RESDEX (Resume Database Access) for the period of services and banners on a "run of the website" basis as agreed with the Company. These services entitle one company/entity alone to put up a microsite within the domain of the Site having a maximum data size as applicable during the validity period of the services
The Company offers no guarantee nor warranties that there would be a satisfactory response or any response at all once the job vacancy is put on display or for any responses received/contacts made through the RESDEX database.
Any actions taken by an employer/recruiter on the basis of the background check report or otherwise, are the employer’s/recruiter's responsibility and choice alone and the Company will not be liable in any manner for the consequences of such action taken by the user.
The Company offers no guarantee nor warranties that there would be a satisfactory response or any response at all once the job posting is put on display
The Company shall in no way be held liable for any information obtained/received by You and it shall be Your sole responsibility to check, authenticate and verify the information/response received at Your own cost and expense.
Any actions taken by a Recruiter, are the Recruiter's responsibility and choice alone and the Company will not be liable in any manner for the consequences of such action taken by the Recruiter.
You will not charge any unjustifiable fees from any person who responds to jobs advertised on the Platform. You further undertake to use Database Matches to contact candidates for jobs only.
The Job postings may not be used for advertising, offering or selling any goods or services for any commercial purpose on the Platform including but not limited to multi-level marketing for a third party, promoting business of a third party, selling financial products such as loans, insurance, promoting demat account openings.
The Company reserves its right to change the look, feel, design, prominence, depiction, classification of the Platform or any portion thereof at any time without providing any prior intimation to you.
Usage from third party premises/networks without prior written permission of the Company is not permitted.
You are entitled to access job applications/uploaded CVs on the Platform up to the prescribed allowable limit during the validity period of the services. The Company will not be responsible for restoring data against services that have expired or for job postings that have been removed.
The Recruiter will only receive calls for a job posting if they have opted in for such services.
Paid Services
For availing certain Paid Services Recruiter will be required to purchase "Job Hai Credits''.
Credits may be obtained in the following manner:
a) Recruiters can purchase Job Hai Credits in lieu of payments which shall be credited as Job Hai Credits into the Recruiter’s account only on 100% upfront receipt of applicable amount/charges.
b) The Company may also credit Job Hai Credits into the Recruiters account without the need for payment. Such credits are as per the sole discretion of the Company. Functionality and value of these credits may be different from the Credits purchased from the Job Hai Platform.
Job Hai Credits shall be valid for a specified length of time ("subscription validity"). Job Hai Credits can only be consumed within the subscription validity. In case the subscription validity has passed, unconsumed Job Hai Credits shall expire and will not be carried forward.
Job Hai Credits are not re-saleable to any other person, corporate body, firm, or individual. The transfer of Job Hai Credits out of Recruiter’s establishment is not permissible
The Company reserves the right to change the nature and/or manner of delivery of the Job Hai Credits at any time without any liability to the Company.
The Company reserves the right to suspend or discontinue Job Hai Credits or part(s) thereof, either temporarily or permanently.
Paid Services currently being offered by Job Hai are as under and shall be delivered as per the specific terms set out below
a) Paid Jobs
i) Depending on the type of Paid Job (Basic Job, Premium Job or otherwise) that has been subscribed, the features and the fields may vary.
ii) Recruiters can post Paid jobs through consumption of the specified number of Job Hai Credits on the Platform. Job Hai Credits will be debited from the Recruiters account only once the Paid Job posted by the Recruiter has been made active on the Platform.
iii) Paid Jobs shall have the additional features compared to a free job such, such as better visibility etc. Features of a Paid Job are subject to change with prior intimation by the Company.
iv) Once a Recruiter posts a Paid Job, the specified number of Job Hai Credits for posting a Paid Job will be Reserved and the Recruiter will not be able to consume the same. If the Paid Job posted by the Recruiter has been made active on the Platform, the Reserved Job Hai Credits will be consumed. If the Paid Job posted by the Recruiter has been rejected, Reserved Job Hai Credits will be made available to the Recruiter for further consumption.
v) The amount of Job Hai Credits required for posting a Paid Job will be communicated to the Recruiter by the Company from time to time. The Company reserves the right to make changes to the number of credits required to post a Paid job
vi) In case a job is accidentally posted by the Recruiter, the Company will not be liable to refund the consumed Job Hai Credits.
vii) Paid Jobs will be displayed on the Platform for a fixed period, which period is subject to change with prior notice. If a Paid job is reposted it will be treated as a new job and displayed for the fixed period. If a free job is upgraded to a Paid job, the Recruiter will be entitled to a fixed period starting from the date on which the upgraded job is made active on the Platform.