Terms of use - Agency

Terms of use - Agency

TERMS & CONDITIONS OF USE OF WEBSITE [TERMS OF USE] BY AGENCIES

This page states the Terms and Conditions (“Terms” / “T&C”) under which you (“Visitor” / “User”)
may visit this Web site http: www.Helper4U.in (hereinafter referred to as ‘Website’).
The Website www.Helper4U.in is owned and controlled by Mrs. Meenakshi Gupta Jain (the Owner).
Please read this page carefully.
If you do not accept the Terms and Conditions stated herein, we request you to exit the Website, as acceptance of these Terms is precondition for accessing the Website. Owner reserves rights to revise these Terms and Conditions at any time. You should visit this page periodically. In using www.Helper4U.in service, you are deemed to have accepted the Terms and Conditions listed below or as may be revised from time to time.
A) DEFINITIONS: “Content” shall mean to include but not limited to information, data, text, software, sound, images, graphics, video, messages and applications on the Website; “Privacy Policy” shall mean our privacy policy, as detailed in the Privacy Policy link on our Website; “Service(s)” shall mean website www.Helper4U.in and all the services offered on the Website and use of database of www.Helper4U.in by you. “Use” shall include (without limitation) accessing, retrieving, contributing to, or viewing a Service/ the Website and includes and use of database of www.Helper4U.in by you for referring the same to employers and employees; “we”/”us” /”our” shall mean the Owner.
B) ELIGIBLITY FOR USE OF WEBSITE:
• You should be 18 years of Age.
• In order to access and use the Service, you must ensure that you are eligible to use the Service under applicable laws of India and respective state.
• If you do not qualify, you shall not access or use the Service.
C) DURATION:
You are bound by the Terms from the earlier of the date on which you:
• Accept the Terms;
• Start using the Service / access the Website; and And shall continue to be applicable for as long as you use the Service.
D) INFORMATION REQUIRED:
• In order to use the Service, you may be required to provide certain details including your name, address, phone number, email address, age, details of PAN Cardif you are an individual) and ( if you are an organisation, name, address, phone number, email address details of status of incorporation and copy of incorporation certificate),etc.
• You agree to provide true, accurate, current and complete information as required.You will be responsible to update your contact details, whenever there is any change in name of the contact person, or your, address, email address or phone number.
E) INTELLECTUAL PROPERTY RIGHTS:
• The Website (including any code, source code), the trade mark (whether registered or not), domain name and all the Content displayed on this Website is the sole propriety and is in the exclusive right, title and ownership of Owner of Website i.e. us, unless otherwise mentioned.
• Copyright for this purpose includes registered as well as non-registered copyright.
• The database of employers, employees and job posts displayed on the Website has been collated by us afterinvesting efforts, time and funds for carrying out search, promotional activities, etc. and as such the database displayed on the Website is sole property of www.Helper4U.in. Any use of the database and referral of employment to employees or referral of employees to employers by you shall be subject to our separate prior written approval.
• You shall not use any of the Helper4U.in content / database on any other platform of any media. Unless explicitly stated herein, nothing in these terms shall be construed as conferring any license of intellectual property rights to the user. Any unauthorised use of the Content of the Website shall be deemed to be data theft and / or infringement of rightsof www.Helper4U.in including intellectualproperty rights, which shall attract civil as well as criminal legal action.
• The Visitor to this Website grants a royalty free, exclusive and transferable right to Owner of www.Helper4U.in with respect of the content posted by him/her.
F) USE:

• We authorize you to view and use the Website solely for personal, non-commercial use. Any commercial use or use of database of www.Helper4U.infor referring employees and employers,will be subject to our separate prior written approval / agreement.
• The information made available on the Website is for the employment search (Purpose) and you shall not use the same for any other purpose. Subject to separate written agreement with us or written approval, the information and database and other features of the Website may be used by you only for the purpose of referring the employees to your client companies.
• You shall not use any Website Content / database for any purpose other than as an agency referring the employees to employers for employment, including but not limited to using the information in the information database to sell or promote any products or services.
• You are not allowed to modify, copy, sell, license, transfer the information contained in this Website. You are not allowed to distribute, display, reproduce, publish, any information contained in this Website, except with our prior written permission or an agreement.
• You shall not operate on any fake e-mail id or phone number for the purpose of gaining access into this Website or using any information published on the Website.
• You shall not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
• Any information provided by you on this Website shall not be misleading in any way.
• You shall not use this Website in order to transmit, distribute, store or destroy material (a) that could constitute or encourage conduct that would be considered a criminal offence or violate any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity of other personal rights of others, or (c) that is libellous, defamatory, pornographic, profane, obscene, threatening, abusive or hateful.
G) DISCLOSURE OF INFORMATION:
You agree and acknowledge that we shall have the right to:
1. Provide to our client / the employeesusing Helper4U.in, the information provided by you, including your contact details. By registering with Helper4U.in, you acknowledge and agree to be contacted by the employers. In case you want to stop employers from contacting you, you will be responsiblefordeleting your profile from helper4U.in.
2. Use, with or without your prior consent, the information provided by you for the purpose of gathering market intelligence including but not limited to customer survey, analysis of customer data, customer data, marketing, press releases, etc.
3. Use your contact information to provide or update you regarding promotion events of the Website, new offers, renewal reminders, payment reminders, feedback, opinion etc. and the same shall not be considered as unsolicited communication.
4. Disclose any information (including the identity of the persons providing information or materials on the Websites) as necessary to satisfy any law, regulation or valid governmental request, including information in connection with investigation of alleged illegal activity or solicitation of illegal activity to law enforcement or other government officials or in response to a lawful court order.
H) NO OBLIGATION TO MONITOR THE WEBSITE:
• We reserve the right, but have no obligation, to monitor the materials posted on the Website.
• We shall have the right to remove or edit any content that in our sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use.
• Notwithstanding this right of ours, you remain solely responsible for the content of the materials you post in the public areas of the website and in your private messages.
• In no event shall we assume or have any responsibility or liability for any content posted or for any claims, damages or losses resulting from use of content and/or appearance of content on the Website.
• You hereby represent and warrant that you have all necessary rights in and to all content you provide and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any libellous, or otherwise unlawful information.
• We act as a passive conduit for the online distribution and publication of user content and have no obligation to screen communications or information in advance.
I) NO WARRANTIES:
• Though we endeavour to verify basic information about the employers and the job opening, if posted on our site, we do not warranty or confirm the nature of the job posted, the quality, safety or legality of the jobs or information posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates, the salary and payment terms, nor do we confirm or warrant work policy or work environment of the employer.
• There are risks, including but not limited to the risk of physical harm, of dealing with strangers, or people acting under false pretences. You assume all risks associated with dealing with other users with whom you come in contact through the Website. You are bound to use caution when connecting with employees through the Website notwithstanding the efforts and endeavours that are undertaken by us to protect your and employers’ interest.
• You agree that any disputes with theemployers or employeeshired by your employer client through you with the use of Helper4U shall be solely resolved between you / your client (employer and the employee), without any recourse to www.Helper4U.in.
• We shall not be responsible for, party to or liable to any retrenchment, lay-off or any other action taken by employer against the employee or any action taken by employee against you or the employer. You or the employer shall be at liberty to take any legal action against the employee, without any recourse to us.
J) HACKERS:
• It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Website and that you may be involuntarily exposed to such offensive and obscene materials. We do not approve of such unauthorized use or acts.
• You acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Website. Please carefully select the type of information that you publicly disclose or share with others on the Website.
K) LINKS TO/FROM OTHER WEB SITES:
• This Website may contain links to other third party websites. If you decide to access such linked third party websites, you do so at your own risk.
• We are not responsible for the content of linked sites and do not make any representations regarding the correctness or accuracy of the content on such third party websites.
• Similarly, this Website can be made accessible through a link created by other third party websites. We are not responsible for any representation/s of such other third party websites while affording such link and no liability can arise upon Helper4U.in consequent to such representation, its correctness or accuracy.
• Access to this Website through such link/s shall not mean or be deemed to mean that the objectives, aims, purposes, ideas, concepts of such other third party websites or their aim or purpose in establishing such link/s to this Website are necessarily the same or similar to the idea, concept, aim or purpose of this Website or that such links have been authorised by us.
L) CONFIGURATIONS AND MINIMUM ESSENTIALS:
• We do not expressly recommend any particular software, operating system, application to use and access this Website. If for any particular reason, the Website does not open or is unable to be displayed in full in the Visitor’s computer, then we shall not be held liable for any act, omission or commission that may occur because of the same.
• We also reserve the right to change the software and hardware which is required to gain access to the Website without prior notice.
M) DISCLAIMER:
• To the maximum extent permitted by applicable law, we disclaim all warranties, including without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
• We make no warranty that the website will meet your requirements, or that the website shall be uninterrupted, timely, secure, free from computer virus or error free.
• We do not warrant or make any representations regarding the use or the results of the service or its contents in terms of its compatibility, correctness, accuracy, reliability or otherwise. You assume total responsibility and risk for your access and use of the service.
• We shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received, or not sent or not received, or any transactions entered into through the service. You specifically agree that we are not responsible for any content, data, and information sent using and/or included in the service by any third party.
• Please note that any advertisement and promotional activity carried out by us with regard to the website is only for the purpose of informing the public at large about the availability of the services of www.Helper4U.in .
• You are required to confirm that your use of the website does not breach any applicable law, rule or regulation. Such advertisement or promotional activity should not be termed as an invitation to use the service, specifically if such use amounts to default or breach of applicable law.
N) LIMITATION OF LIABILITY:
• In no event shall www.Helper4U.in , its owners or any of their officers, directors, employees, agents or affiliates be liable for any consequential, incidental, direct, indirect, special, punitive, or other damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of (i) the use of or inability to use any service; (ii) the provision of or failure to provide services (iii) unauthorized access to or alteration of your transmissions or data;; whether based on contract, tort, negligence, strict liability or otherwise.
• Further, we shall not be held responsible for non-availability of the website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond our control.
• If you are dissatisfied with any portion of the service, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the service.
O) INDEMNIFICATION:
• You hereby agree to indemnify and hold us, our owners, directors and employees, harmless from any loss suffered by us as a result of a breach of the terms and conditions of use of the Website by you and from any claim brought by third parties alleging that the data submitted by you on the Website has infringed any applicable laws or regulation or any rights of third party.
• You shall pay all costs, damages, awards, fees (including legal fees) and judgments awarded against us arising from such claims, and shall provide us with notice of such claims, full authority to defend, compromise or settle such claims and reasonable assistance necessary to defend such claims, at your sole expense.
P) TERMINATION:
• We reserve the right to suspend or terminate Services to the User, including the right to remove/block the Content(s) posted/uploaded by the User, in the event, the content(s) violates any rules or guidelines of www.Helper4U.in.We also reserve the right to delete your account and all of your information after a significant duration of inactivity.
• You understand and acknowledge that you have no ownership rights in your account and that if you cancel your Helper4U.in account or your Helper4U.in account is terminated, all your account information from, including information, profiles, cover letters, saved jobs, questionnaires will be marked as deleted in and may be deleted from the databases and will be removed from any public area of the Website. Information may continue to be available for some period of time because of delays in deletion through the web servers. In addition, third parties may retain saved copies of your information.
• You further understand and acknowledge, upon the termination of account, we shall have no obligation or responsibility to return your account information, and you agree and undertake not to have / make any claims for the account information.
Q) WAIVER:
No failure or delay by us in enforcing any provision, exercising any option or requiring performance, shall be construed to be a waiver of that or any other right in connection with these Terms of Use.
R) NON-TRANSFERABILITY:
You agree that the Service provided to you is not transferable under any circumstance and shall be used only by you. You further acknowledge, agree and confirm that we shall have the right to transfer, assign or sell all its rights under this TERMS OF USE.
S) SEVERABILITY:
• If any provision of this Agreement is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect.
• The invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
T) NOTICES, TRANSACTION RECORDS AND ELECTRONIC DISCLOSURES:
• Notices to you may be made via either phone, email or by delivery by hand /regular mail to the address provided by you. You acknowledge and agree to receive all such disclosures and notifications electronically, which, in most cases, will be done through phone or email.
• You acknowledge that we shall have no liability or obligation to keep a record of the transactions carried through the Service and/or to provide information to you or for verifying your Payment Instructions, other than records required to be kept or information required to be provided statutorily by us.
U) GOVERNING LAW:
• The laws of India govern these terms and conditions and the courts of Mumbai shall have exclusive jurisdiction.
• We accept no liability whatsoever, direct or indirect for non-compliance with the laws of any country other than that of India. A mere fact that you are in a country other than India access the Service does not imply that the laws of that country govern these terms and conditions or the use of the Service.

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