The User of the Job Portal / website (hereinafter referred to as “User”) agrees to the following terms and conditions, including any future amendments (hereinafter collectively referred to as the “Terms & Conditions”) before using the Job Portal / website www.freshtechjobs.com (hereinafter referred to as “Job Portal”). By using the Job Portal, the Users are giving their consent to be bound by the stipulations as contained under the caption “Terms & Conditions” below.
Purpose of the Job portal:
The purpose of the job portal is to reduce the job search gap between technical freshers viz. students of passed out Diploma, Bachelor, Master with Technical Degrees and Companies who recruit technical freshers.
Terms & Conditions:
- The job portal reserves the right to decline service/registration to any person at any point of time without giving any prior notice. It is clarified that registering with the portal does not guarantee employment.
- The User agrees that the services of the job portal, once subscribed to by the User are not refundable and all amount/s paid shall stand appropriated.
- Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
- The job portal authorizes the User to view and access the content available on or from the Job Portal solely for their personal use. The contents of the Job Portal and of all other websites, whether partial or otherwise such as text, graphics, images, logos, button icons, software and other contents as well as compilation of contents (i.e. the collection, arrangement and assembly), are property of the job portal . Unauthorized use of such Content will be violation of copyright and other intellectual property rights of the job portal. The User may not sell or modify the said content or reproduce, display, publicly perform, distribute, or otherwise use such content in any way for any public or commercial purpose. The use of the job portal’s content on any other web site or in a networked computer environment for any purpose is prohibited.
- The User shall be solely responsible for maintaining the confidentiality of their account and passwords. The User shall be solely responsible for all activities happening under his/her username whether authorized or not. The User agrees to immediately notify the Company of any unauthorized use of his Account and Password.
- The job portal reserves the right to modify, suspend, cancel, discontinue or terminate the services of the Job Portal or reject any or all entries/blogs at their absolute discretion without giving any prior notice and without assigning any reason whatsoever to the User and without any liability to the job portal.
- The User shall be responsible for use of the Job Portal, for any entries/posts that he uploads/makes, and for any consequences arising therefrom. The User agrees that he shall use the Job Portal in accordance with all laws, rules and regulations, as applicable from time to time, including, without limitation, the Information Technology law and laws relating to unfair competition, anti discrimination, false advertising and defamation. The User further agrees that the usage of Job Portal by the User shall not violate any third party rights including but not limited to Intellectual Property Rights, Right of Privacy and Right of Publicity. In addition to above, the User agrees that he shall not use the Job Portal in order to transmit, distribute, store or destroy material, that is defamatory, obscene, threatening, abusive or hateful including, without limitation, the job portal’s content. Any violation of any of the foregoing, including the terms and conditions mentioned herein shall result in the immediate termination of the User’s right to access the job portal.
- The Users are prohibited from violating or attempting to violate the security of the Job Portal, including, without limitation the following activities: (a) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to Job Portal, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”; or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security shall result in civil or criminal liability. The Company will investigate occurrences, which may involve such violations and shall inform and co-operate with, law enforcement authorities in prosecuting Users who are involved in such violations.
- The contents of specific postings made by the User are posted and are the responsibility of the User who makes such postings. Though the job portal reserves the right to filter out postings which may carry offensive, harmful, inaccurate, pornographic content or content which infringes on the Intellectual Property Rights of any third party or any rights of publicity or privacy or is defamatory, libelous, threatening or harassing or is indecent and contains any viruses, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information or otherwise inappropriate content, it does not take any responsibility for such content and/or for deceptive, mislabeled or defamatory content. The job portal merely provides a platform to access the content posted by the Users by using the Services of the Job portal. The Users are expected to take necessary precautions and comply with various provisions of laws while uploading any contents on the Job Portal.
- The job portal specifically prohibits the posting of User’s content, which provides the following and/or has the effect of the following. The list below is for illustration only and is not a comprehensive list of all prohibited User Content. The User Content:-
- is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harass, incites harassment or advocates harassment of another group or individual;
- involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
- promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory, libelous or which amounts to contempt of any judicial authority;
- promotes or endorses an illegal or unauthorized use of any copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacturer-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;
- contains restricted or password only access pages, or hidden pages or images;
- displays or links to obscene, indecent pornographic, material of any kind;
- provides instructional information about illegal activities or other activities prohibited by these Terms, including, without limitation, making or buying illegal weapons, violating someone’s privacy, or provides or creates computer viruses or pirating any media; and solicits passwords or personal identifying information from other Users;
- The contents, views and ideas expressed/posted are that of the respective Users and the job portal does not support/endorse any such views, ideas and expressions. Moreover, the job portal does not represent or guarantee the truthfulness, accuracy, or reliability of any such content posted by the Users, the ability of employers to offer job opportunities to candidates or the ability of the candidates to fill the job openings and makes no representations about any jobs, resumes or User Content on the web-site and the Users are cautioned to use common sense and proper judgment in this regard. The job portal is not involved in the actual transaction between the employers and candidates. Any reliance on the content posted by other Users using the job portal shall be entirely at the risk of the User. The User assumes all risks, including, but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under a false name and identity.
- The job portal reserves their right to access, read, preserve and/or disclose the personal information of the User including the content of the postings/blogs without giving any prior notice to the User, if the same is required :
- in order to comply with any court judgment/decree/order/directive,
- by any legal/government authority;
- by applicable law;
- by professional/legal advisers, directors, employees/agents/representatives of the job portal in connection with these terms & conditions or otherwise;
- for investigating potential violations of the terms herein or of applicable national & international laws;
- for investigating deliberate damage to the Services of the job portal or its legitimate operation;
- for responding to service support requests;
- for protecting the rights, property or safety of the job portal and/or its owner, employees and the general public at large.
- The job portal reserves the right to store and process the personal information provided by the User in India or any other country where the job portal or its agents/representatives/group companies maintain storage and processing facilities and the User by using the services herein consents to any such transfer of information outside India without prior notice.
- The job portal shall not be liable or responsible in any manner whatsoever for deletion and/or failure to transmit or store any postings/blogs posted by the User by using the Services herein or personal information provided by the User or any other communication maintained by the Service. Further, the job portal reserves the right to create limits on use of the said Service and storage at its sole discretion without assigning any reason whatsoever and without giving any prior notice.
- The job portal does not warrant that the portal will operate without any technical error and is free from any computer viruses or other harmful mechanisms. The job portal shall not be liable in any manner whatsoever for any consequences, claims, damages, costs, etc. arising out of any of the above-said reasons or due to any force majeure factors and/or due to any reasons beyond the control of the job portal. The job portal to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose and non-infringement. The job portal makes no warranties about the accuracy, reliability, completeness, or timeliness of the content, services, software, text, graphics, and links used on the web-site.
- The job portal’s maximum liability arising out of or in connection with the web-site or the user’s use of the portal’s content, regardless of the cause of action (whether in contract, tort, breach of warranty or otherwise), will not exceed Rs. 5,000/ under any circumstances, whatsoever.
- The job portal shall not be responsible or liable in any manner whatsoever for the exercise or non-exercise of its rights herein.
- All the job portal’s trade names, trademarks, logos, domain names and all it’s content, are the exclusive property of the job portal and the User shall not use the same without the prior written permission of the job portal.
- The User agrees to allow the job portal to display the Users trade name, trademark, logo and company name as banner advertisements and for promotional messages of the job portal. The User reserves the right to withdraw this permission by writing to the job portal.
- The job portal reserves the right in its sole discretion to investigate and take legal action against anyone who engages in any illegal or prohibited conduct or otherwise violates these Terms & Conditions, including without limitation, removing the User Content from the web-site and/or terminating the offending User’s ability to access the web-site and/or use the job portal’s services. The job portal may take any other action with respect to User Content or User actions that it deems necessary or appropriate in its sole discretion if it believes it may create liability for the job portal or may cause the job portal to lose (in whole or in part) the services of its internet service providers or other suppliers.
- The User agrees to indemnify the job portal and its owner / directors / partners / employees and agents against any third party claim, action, suit or proceeding resulting from his use of the job portal’s services herein or arising out of the Content submitted, posted, transmitted or otherwise made available by the User while using the job portal in violation of these terms & conditions or violation of any third party rights.
- The job portal will not be liable in any way whatsoever if a company after conducting initial round of interviews, either changes the requirement or puts the requirement on hold.
- The job portal will not accept any responsibility for any agreement or financial understanding between the User and the proposed employer. Similarly, the job portal will not be responsible if the employer changes the date of joining. Also, if the proposed employer charges the User for training (on the assurance of giving a job), but reneges on it’s commitment to give a job, the job portal does not accept any responsibility whatsoever.
- The job portal reserves it’s right, in its sole discretion, to amend or revise these terms & conditions at any point of time, without prior notice and the User agrees to be bound by such amendments or revisions. It is therefore suggested that the User must periodically review the updated version of these terms & conditions at www.freshtechjobs.com
- These terms & conditions and the contract between the User and the job portal shall be interpreted under the framework of the Indian law.
- In the event of any dispute or differences of civil nature, arising between the User and the job portal, touching the meaning, construction, interpretation, breach or fulfillment or non-fulfilment of these terms & conditions or any clause or condition thereof, the parties shall mutually appoint the panel advocate/s of a NGO dealing with consumer protection affairs for mediation / conciliation / arbitration. In case, arbitration procedure is necessitated due to the rival contention of both parties, a single arbitrator from the panel of the NGO shall be mutually chosen by both parties. Such arbitrator would necessarily have to be a retired Judge / or alternatively, an advocate who has actively practiced for at least ten years in Civil Courts. The arbitration award shall be final and binding upon the parties and the process thereof shall be guided and governed by the provisions of the Arbitration and Conciliation Act, 1996.
- In case of any private criminal proceedings being preferred either by the User or the job portal against the other, the Courts in Mumbai shall have the exclusive jurisdiction over the same.
Stipulations for employers (This section is part and parcel of Section I- Terms & Conditions):
- There is no charge for registration of prospective employers. The login is free for lifetime. The prospective employers can register, post jobs and search suitable candidates. The prospective employers can announce walk-in interviews through the job portal.
- Each prospective employer will be given free 12 job postings and ten thousand mass mailing facility. If they require more postings or mass mailings, then the job portal will provide the same at the applicable price to the employer.
- The prospective employer shall only post their requirement for filling up vacancy for technical jobs.
- No firm or company shall post fake advertisements in the garb of being an employer.
- The prospective employer shall not charge the candidates unless the guidelines of the employing firm clearly states so.
- The prospective employer shall take care to be fully transparent with candidates before offering employment and shall not conceal any information from the candidate so that a candidate is enabled to take an informed decision about taking up the employment.
- Once the prospective employer has remitted amount to the job portal for advertisement and additional services, the same shall not be refundable under any circumstances.
- The job portal will be at libert to use the name of the registered employers, their logo for marketing and branding purpose.
Refund & Cancellation Policy (This section is part and parcel of Section I- Terms & Conditions):
- In case of the registration and any other services bought online from the job portal, there will be no cancellation once the amount is remitted to the job portal. Under no circumstances, the job portal will be liable to refund any amount to the User, once paid.
- In case of duplicate / multiple payments for a single product, the Users are advised to bring the same to the job portal’s notice. After notification is received from the User, the job portal shall refund the extra amount within seven days. The User is advised to notify the job portal within 7 days of the transaction, after which the job portal disclaims it’s liability to refund the same.
Interpretation (This section is part and parcel of Section I- Terms & Conditions):
Wherever, the male gender is referred to as “his”, “him” and “he”, it shall be construed to include the female gender.
Wherever, the context requires, the term “job portal” shall mean and include the owner / partner / director of the job portal.