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Terms & Conditions
The Services We Provide
Registration and Use
By using our Services and providing us with your information, you agree that we can send you communications about our services and matters incidental thereto. By using our services or by filling out any forms/agreements on or through the services, providing us with information, or making an inquiry, you acknowledge that we have an established business relationship with you and you expressly consent to being contacted by us or our service providers, whether by phone, mobile phone, text (SMS), email, postal mail or otherwise. From time to time, when you call us we may wish to record those phone calls for quality assurance and customer/user satisfaction purposes. In those jurisdictions where consent is required in order for a party to record any telephone call, you consent for us to record your call when you call us.
Permitted Use
- Take passwords or personally identifiable information from other Users.
- To probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
- Accessing data not intended for such user or logging into a server or account that the user is not authorized to access.
- To interfere with service to any user, host, or network, including, without limitation, via means of submitting a virus to any Jobanya website, App, servers, etc., overloading, flooding, spamming, mail bombing, or crashing.
- Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
- Defer any contact from an employer to any agent, agency, or other third party.
- Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
- Post or publish any job on any Jobanya website and App for any competitor of the Company or post jobs or other content that contains links to any site competitive with Jobanya.
- Use any Jobanya website and App for any purpose other than as an employer or recruiter seeking jobseekers or as an jobseeker seeking job including but not limited to using the information in the Resume Database to sell or promote any products or services.
- Post or submit to any Jobanya website and App any incomplete, false, or inaccurate biographical information or information that is not your own or any misleading information.
- Post on any Jobanya website and App any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement, or other business opportunities that require an up-front or periodic payment, pays commissions only (except for postings that make clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling, in which case such postings are permissible), requires recruitment of other members, sub-distributors or sub-agents.
- Post the names, logos, or trademarks of unaffiliated companies other than those of your customer save where expressly agreed by the Company.
- Post the names of colleges, cities, states, towns, or countries that are unrelated to the posting.
- Post more than one job or job description, more than one location, or more than one job category, unless the website so allows.
- Post any material or links to material that exploits people in a sexual, violent, or other manner, or solicits personal information from anyone who is of an age of less than 18 years.
- Post jobs that require citizenship of any particular country or lawful permanent residence in a country as a condition of employment, unless otherwise required to comply with law, regulations, executive order, or federal, state, or local government contract.
- Post jobs that include any screening requirement or criterion in connection with a job posting where such requirement or criterion is not an actual and legal requirement of the posted job.
- Sell, promote, or advertise products or services, unless otherwise agreed to contractually agree by the Company.
- Request the use of human body parts or the donation of human parts, including, without limitation, reproductive services such as egg donation and surrogacy;
- Endorse a particular political party, political agenda, political position, or issue.
- Promote a particular religion, faith, or belief
- Send unsolicited mail or e-mail, make unsolicited phone calls, or send unsolicited faxes regarding promotions and/or advertising of products or services to a user of any Jobanya. Delete or revise any material posted by any other person or entity.
- Take any action that imposes an unreasonable or disproportionately large load on any Jobanya website’s and App’s infrastructure.
- Use any data mining, robots or similar data gathering or extraction methods. Notwithstanding anything to the contrary contained herein, use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search any Jobanya website and App other than the search engine and search agents available from the Company on such Jobanya website and App.
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of any Jobanya website and App.
- Aggregate, copy, or duplicate in any manner any of the Jobanya content or information available from any Jobanya website and App including expired job postings, other than as permitted by these Terms.
- Frame or link to any of Jobanya's content or information available from any Jobanya website and App.
- Use/insert any of the User's URL, web link, email address, and website while posting any job on Jobanya and App.
Deal with Us in Good Faith
By creating an account, you agree that you are signing up for Jobanya Services in good faith and that you mean to use them only for their intended purposes as job/employment tools and for no other reason
Security
Our Rules About Your Data Privacy
Jobanya’s privacy policy governs our collection, use, and disclosure of your data:
Our Rules About Your Content
Rules for Placement Consultants / Agencies
Information Provided by Placement Consultants / Agencies:
Jobanya Resume Database Provided to Placement Consultants / Agencies
If you are a Placement Consultant / Agency, you agree that you will not use any information / Resume Database that is transferred to you during your use of Jobanya Website and App or Services (e.g., resume information) for any reason except to provide those jobseekers with placement/employment services. You further agree never to use such information for any illegal or harmful purpose.
Our Rules for Refund
Eligibility Criteria for Refund
Payments for the services the Platform offers shall be on a 100% advance basis. The payment for service once subscribed to by you is not cancellable nor refundable and any amount paid shall stand appropriated.
Refunds, if any, will be at the Company’s sole discretion. User hereby irrevocably accepts to receive the tax invoice as a 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 to its online 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 Customer’s card/bank accounts.
In the event of any suspension or termination of services on account of non-compliance with these Terms of Use, any payment made to the Company by you shall be forfeited immediately. The User acknowledges and agrees that the 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 the refund of the amount only. We undertake no liability for free services. The User or customer shall be required to promptly provide a copy of the 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 given any lapse as per this clause or as required under applicable law on the part of the 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 a third-party network and hence not controlled by the Company.
Refund Process
We do not refund Placement Agencies and consultancies or those who have opted for our customized plan other than the standard plans mentioned on the website / App.
Contact Us
Intellectual Property and Licenses
“Jobanya” Grants You a Limited License to Use Our Services
Subject to these Terms of Use and any other policies we create, we grant you a limited, non-sublicensable right to access the Website and App, use our Services, and print materials for your employment and hiring needs only. This license does not allow you to copy or sell our Services or Materials; scrape or mine our Website, App, Services, or Materials; or frame any part of our Website, App, or Services. We reserve the right, without notice and in our sole discretion, to terminate your license to use the Website, App, or Services, and to block or prevent future access to and use of the Website, App, and Services.
Except for the limited license granted to you, you are not conveyed any other right or license in any way. Any unauthorized use of our Website, App, or Services, and any use that exceeds the license granted to you, will terminate the permission or license granted by these Terms of Use.
You Agree and Understand that
- Save for the limited right to access and use the Website and App by the Terms of Use and other applicable agreements, on a non-exclusive and non-transferable basis, no other rights are being granted to you in the Website, App, or any of its content and functionalities.
- To the extent required, you grant Jobanya a non-exclusive, royalty-free, worldwide, transferrable, sub-licensable right to host, display, demonstrate, publicly perform, use, reproduce, format, and distribute any materials, trademarks, trade names, and other forms of your intellectual property which you have provided to Jobanya.
- You have no right to make any copies of the whole or part of the Website, App, or any of the content therein.
- You have no rights to remove or modify (including removing any copyright notices or proprietary markings) any part of the Website and App except for any User Content that belongs to you.
- You have no right to use any search mechanisms other than that provided on the Website and App and you will not use any web-crawler or any data harvesting tools to harvest data of any sort from the Website and App.
If you are found to be in violation of this clause, Jobanya reserves the right to terminate your access to the Website and App immediately and take civil /criminal proceedings in court of law for said infringement.
Our Materials Are Protected
Our Use of Third Parties’ Marks Does Not Imply Endorsement:
Third-Party Links, Sites, and Services
No Warranties
Jobanya does not represent in any manner that
The information, data, or contents of the Website and App are accurate.
- The Website and App will be available at all times and will operate error-free or there will be uninterrupted access and service.
- The integrity of the information on the Website, App, or information you upload will be maintained.
- We endorse any of the views of any of the users who may have posted content.
- We have verified or guarantee the quality of services or representations made by any user of the Website and App.
- We have verified the creditworthiness of any user.
- We have screened or verified any of the information posted herein. And The Website, App, or any content is free from viruses or other malware
Any resume of jobseekers prepared by Jobanya on behalf of such jobseeker over the phone shall be limited to the capture, by an employee or agent of Jobanya, of such information of the jobseekers that is the subject matter for employment. The resumes are then listed/submitted on the Website & App and are available (maybe with limitation) for viewing by all persons who visit the specific pages associated with a listing/submission. Please be aware that the resumes are specific to a particular time and that what you see in them may have subsequently been altered. We do not take any responsibility for the accuracy of the resumes or for keeping the resumes updated. The resumes are intended only as a preliminary guide and it shall be entirely your responsibility to screen, view, and determine the suitability (for your needs) of any resume listed on the Website and App before entering into any contract concerning the same.
Indemnification
Limitation of Liability
General Terms
Termination
Force Majeure
Access
Jobanya does not make any claim that the Website, App, and its contents may be lawfully viewed or accessed in the jurisdiction you are viewing it in. You are solely responsible for complying with the laws applicable to you.
Complaints
Should you have any complaints regarding the Website, App, and services including but not limited to abuse and misuse of the Website, App, and services copyright infringement and the like, or any issues related to data privacy please report the same to support@jobanya.com
Please provide your name, email address, physical address, and contact numbers so that Jobanya may be in a position to verify details or check the authenticity of the complaints.
Modification of Jobanya Services
Jobanya reserves the right to modify or discontinue (completely or in part) our Website, App, and services, or any content appearing therein. Jobanya will not be liable to you or any third party if we exercise this right.
Modification of These Terms
These Terms of Use are governed by the laws of India. The courts in Tamilnadu, India shall have exclusive jurisdiction over any claim or matter arising out of these Terms of Use.
No Waiver
Jobanya’s failure to exercise or enforce any right or provision of the Terms of Use will not be deemed to be a waiver of such right or provision.
No Third-Party Beneficiaries or Rights
These Terms of Use do not create any private right of action on the part of any third party or any reasonable expectation that the Website, App, or Services will not contain any content that is prohibited by these Terms of Use.
Entire Agreement and Severability
These Terms of Use, the privacy policy, and any amendments and additional agreements you might enter into with Jobanya in connection with our Website, App, or services, shall constitute the entire agreement between you and Jobanya concerning the Website, App, or services, and shall supersede any prior terms you had with Jobanya regarding the Website, App or Services.
If any provision of these Terms of Use is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary and the other provisions of these Terms of Use remain in full force and effect.
Assignment: You may not assign or otherwise transfer your rights or obligations under these Terms of Use. Jobanya may assign our rights and duties under these Terms without any such assignment being considered a change to the Term of Use and without any notice to you.
Notices
Dispute Resolution
Contact Information
If you have any questions or suggestions regarding our Terms of Use, please contact us at support@jobanya.com