|
1. Definitions:
The
capitalized highlighted words, unless otherwise specified, shall have
the meanings as defined herein below:
"Agreement”:
Is understood as the complete registration form along with its
attachment(s) and the terms and conditions including privacy commitment
stated herein and is deemed to have been executed at Lucknow.
“Company”:
Is known as Laksh Institute of Training and Expertise Pvt. Ltd an
existing Company under the Companies Act, 1956 and having its registered
office at 405, IVth floor, Sahara Shopping Center, Faizabad road,
Lucknow-226016 along with its unit for the Company’s website
jobspharma.com
“Start
Date”:
Is understood as
the date of acceptance by the User to the services of
jobspharma.com and
the same shall be notified to the user via e-mail or conventional mail.
“End Date”:
Is understood as the date of expiry of the services intimated through a
notice or/and the letter of termination.
“Product Basket”:
It includes the
details of the services under a product, provided to the User by the
company in writing or that is contained in the website
jobspharma.com
“Services”:
Is understood as various provisions of services provided by the company
to the User of jobspharma.com
that includes the following.
-
Service to the User, for the purpose of seeking employment, willingly
posts resume or curriculum vitae.
-
Service to the User, for the purpose of securing recruitment who
willingly uses the products offered through jobspharma.com and its
Internet links.
-
Service to the User, for the purpose of branding, includes a micro site
under the domain of
www.jobspharma.com.
-
Service to the User, for the purpose of advertisement, includes a banner
to be displayed on various web pages of jobspharma.com.
-
Service to the User, for the purpose of awareness, willingly agrees to
receive alerts, promotional messages and advertisement on
www.jobspharma.com and through
emails/ SMS.
"Jobspharma.com":
Is understood as the Internet web site
www.jobspharma.com
"Users content":
Is understood as and includes all the information and details the User
submits, publish, displays, posts or transmits to other User, including
but without limiting to the User’s name, mailing address, telephone
numbers, account and email address.
"User":
Is understood as an individual or
corporate user to the services and the signatory, whose details are
mentioned in the registration form and includes his successors and
permitted assignees.
Words referring to masculine include the feminine and the singular
include the plural and vice versa as the context admits or
requires; and Words importing persons includes
individuals, bodies corporate and unincorporated.
2. Opening of
Service
3. Subscription Fees
-
The subscription fees is applicable rates mentioned in the product
basket which may change from time to time.
-
Liability for the Subscription Fees shall accrue from the Start Date.
-
All
individuals, for the purpose of seeking employment, using
jobspharma.com
shall be exempted from the application of this clause.
4. Payment
-
Subscription fees wherever applicable shall be payable within stipulated
time frame as is mentioned in the invoice(s) issued by the company to
the User.
-
The User will pay the subscription fee on demand and in case of dispute
for any reasons whatsoever the amount so paid, shall be refunded to the
User on a pro-rata basis.
-
The company has the right to charge interest on the outstanding amount
from the due date until the date of final payment by the User.
5. Cancellation
6. Obligations of
User
-
The User shall be solely responsible for the accuracy and authenticity
of the Users Content and shall verify the same at its own cost and
expense.
-
The User understands and agrees that using the services of
jobspharma.com invites applicable taxes and cost and is responsible for
the same.
-
All information retrieved, stored and transmitted through the services
shall be sole responsibility of the User.
-
The safe custody of the Users password shall be the sole responsibility
of the User. Any breach of security or any un-authorize/misuse of Users
account, known to the User shall be brought to the notice of the company
immediately.
-
Subscription fee as and when applicable shall be paid in time by the
user.
-
The User agrees that the advertisement, logos, micro site, banners,
postings shall take time to be uploaded on the website.
-
The User agrees to promptly approve the content to be uploaded and shall
be responsible for the delay if any.
-
The User will indemnify Laksh Institute of Training and Expertise Pvt.
Ltd. For any action or claim committed/made by any third party resulting
from any information posted on the site by the user or/and anybody else
on his behalf.
7. Restricted
Actions
-
User shall allow only authorized person(s) to use the services.
-
The user can neither resale, transfer or share the services subscribed,
to any person, corporate body, firm or individual and shall not make any
unauthorized commercial use of the service.
-
The User shall use the Service only for the purpose for which it is
subscribed.
-
The User shall comply with all applicable laws (and shall not contravene
any applicable law) of India relating to the Services, including any
regulation made pursuant thereto.
-
The user shall, except for information posted by him cannot delete or
vary any personal information posted by other User.
-
The User shall not use the Service for any unlawful purpose including
without limitation criminal purposes.
-
The Service shall not be used to send or receive any message, which is
offensive on moral, religious, racial or political grounds or of an
abusive, indecent, obscene, defamatory or menacing nature, cause or for
causing any threat or/and harassment or/and annoyance or/and anxiety
or/and any other inconvenience whatsoever caused to any person.
-
The User shall not infringe on any copyright, trademark, trade secret or
other intellectual property rights of others or violates the privacy,
publicity or other personal rights of others or retain the information
in any computer system with an intention to do so.
-
User shall not make use of anyone else's Information other than as
necessary to complete any transactions of services in which you are
involved.
-
The user shall not violate, or attempt to violate the security of
jobspharma.com and /or any sites linked to
jobspharma.com, including,
without limitation the following
(a) Accessing data not intended for such users or logging into 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.
-
The User shall be restricted/prohibited to introduce, post or transmit
any information or software which interfere with services to any user ,
host or network, including, without limitations, via means of submitting
a virus to any jobspharma.com site, overloading, “flooding”, “spamming”,
“mailbombing” or “crashing”;
-
In case of any breach by the user, the company shall have the right to
delete any material relating to the violations without prior notice to
the User. The Company reserves the unilateral right to suspend or/and
deactivate the User’s access to jobspharma.com the Service and/or any
other related facility. Company shall have the right to any legal remedy
in addition to the indemnity, against the user to recover the loss
suffered and the harm caused to the reputation of the company due to
such violation.
-
The User shall for lawful purposes alone use
jobspharma.com site and
shall not transmit, distribute, store or destroy material, in violation
of any applicable law or regulation of local or/and state or/and Central
or/and foreign law. This includes without limitation any unauthorized
use of material that is defamatory, obscene, threatening, abusive or
hateful.
8. Users content
and submission
-
The User is solely responsible for the Users Content that the User
submit, publish or display on jobspharma.com or transmit to other Users.
By posting users content to jobspharma.com, the User automatically
grant, and user represent and warrants that the User have the right to
grant, jobspharma.com an irrevocable, perpetual, non-exclusive, fully
paid, world wide license to use, copy, perform, display and distribute
such Users Content and to prepare derivative works of, or incorporate
into other works, such Users Content, and to grant and authorizes
thereof.
-
The User by posting Users Content to any public or non-public area of
jobspharma.com, grants the company and its affiliates the loyalty- free,
perpetual, irrevocable, sublicense able (through multiple tiers),
non-exclusive right (including any moral rights) and license to use,
reproduce, modify, adapt, publish, translate, create derivative works
from, distribute, communicate to the public, perform and display the
Users content (in whole or in part) worldwide and /or to incorporate it
in other works in any form, media, or technology now known or later
developed, for the full term of any right that may exist is such
content. The User warrant that the holder of any right, including moral
rights in such content, has completely and effectively waived all such
rights and validity and irrevocably granted to the User the right to
grant the license stated above. The User permit any User/subscriber to
access, display, view, store and reproduce such Users Content for
personal use. Subject to the foregoing, the owner of such Users Content
fed in jobspharma.com retains any and all rights that may exist in such
Users Content.
-
The Company acts as a passive conduit for the online distribution and
publication of User Content and accepts all information in good faith
and has no obligation to screen communications or information in advance
and is not responsible for screening or monitoring User Content posted
by Users. However, the Company may review and delete any User Content
that, in the sole judgment of jobspharma.com, violates these Terms and
Conditions, violates applicable law, rule or regulation, is offensive or
illegal or violates the rights of, harms or threatens the safety of
Users of jobspharma.com site. The Company reserves the right to expel
Users and prevent their further access to the jobspharma.com Sites for
violating the Terms and Conditions or applicable law, rule or regulation
and the right to remove User Content which is in violation of the Terms
and Conditions, abusive, illegal, or disruptive. The Company may take
any action with respect to User Content that it deems necessary or
appropriate in its sole discretion if it believes it may create
liability for the Company or may cause the Company to lose (in whole or
in part) the services of its ISPs or other suppliers.
-
The following is a partial list of User Content that is prohibited on
jobspharma.com .The list below is for illustration only and is not a
complete list of all prohibited User Content:
a. Is
implicitly or explicitly offensive, such as User Content that engages
in, or/and endorses, or/and promotes racism, or/and bigotry,
or/and hatred, or/and physical harm of any kind against any group or
individual.
b. Harasses,or/and incites harassment, or/and advocates harassment of
another any group or individual.
c. Involves the transmission of "junk mail", or/and "chain letters," or/and
unsolicited mass mailing or/and "spamming".
d. Promotes or endorses false or/and misleading information or illegal
activities or conduct that is abusive, threatening, obscene, defamatory
or libelous.
e. Promotes or endorses an illegal or unauthorized copy of another person's
copyrighted work.
f.
Displays or links to pornographic, indecent or sexually explicit
material of any kind.
g. Provides or links to material that exploits people under the age of 18
in a sexual, violent or other manner, or solicits personal information
from anyone under 18.
h. Provides or creates computer viruses or pirating any media; and solicits
passwords or personal identifying information from other Users.
-
jobspharma.com 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 and Conditions,
including without limitation, removing the User Content from
jobspharma.com Sites and/or terminating the offending User's ability to
access the jobspharma.com Sites and/or use
jobspharma.com services. The
Company 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 Company or may cause the
Company to lose (in whole or in part) the services of its ISPs or other
suppliers.
-
The Company does not represent or guarantee the truthfulness, accuracy,
or reliability of User Content or any other communications posted by
Users or endorse any opinions expressed by users. You acknowledge that
any reliance on material posted by other Users will be at your own risk.
-
The Company has no obligation to screen User Content in advance and is
not responsible for screening or monitoring User Content posted by
Users. If notified by a User of communications which allegedly do not
conform to these Terms and Conditions, the Company may in its sole
discretion investigate the allegation and determine whether to take any
other actions whether to remove or request the removal of the User
Content. The Company has no liability or responsibility to Users for
performance or of such activities.
9. Users Name &
Password
-
Users shall maintain the confidentiality of the Username and passwords
including but without limiting to time to time change of password and
shall not reveal the same to other person(s).
-
User shall use only his
usersname and password to access the services of
jobsparma.com
-
User shall not claim any right to any folders and its content,
Identification Numbers assigned to him by the company in event of using
the services.
-
User shall immediately notify the company of any theft or/and loss or
/and unauthorized use of Password or/and identification.
-
User shall use the usersname and password only by the organization and
its employees and in event of employee leaving the organization the user
shall take necessary steps to protect its password and shall be liable
for use of services by any third party till the time the company is
notified.
-
The user shall not download or/and extract either complete or partial
resume for any commercial use or intentions other than purely for
recruiting purposes.
10. Eligibility
-
User must be 18 years of age or older to visit or use
jobspharma.com in
any manner. By visiting jobspharma.com or/and accepting these Terms and
conditions, the User warrants to the company that the user is 18 years
of age or older and has the right, authority and capacity to agree to
and abide by these Terms and Conditions.
-
User represents and Warrants to the company that the user will use
jobspharma.com in a manner consistent with any and all applicable laws
and regulations.
11. Maintenance &
Updation
-
To carry out system maintenance or/and updation or/and up gradation
or/and uploading or/and testing or/and repair or/and other work the
company may deactivate or/and suspend the user’s access to the services
of jobpharma.com without assigning any reasons what so ever at any time
and shall not be liable of any loss or/and damage that the user may
suffer and shall not invite any deductions of fees payable to the
company, as a result of such deactivation or/ and suspension.
12. Terms,
Termination & Liabilities
-
This agreement will remain in full force and effect while you are the
user of jobspharma.com however either party can terminate this agreement
by giving 30 days notice in writing.
-
Notice period of 30 days may be waived or shortened by the company on
its discretion in case of written request from the User.
-
The company reserves the right, at its sole discretion, to pursue all
its legal remedies, including termination of this agreement without
assigning any reason/s whatsoever and without prejudice to any/all other
rights if the user has breached this agreement or/and company is unable
to verify or authenticate any information submitted to
jobspharma.com
or/and is not in the public interest to continue providing the services.
-
Company shall pay on pro-rata basis to the User upon termination, any
amount due within 30 days from the date of termination.
13. Violation of
Terms & Conditions
-
If
jobsphrma.com, in its sole discretion, determines that a violation of
the Terms & Conditions has occurred, the company may pursue any of its
legal remedies, included but not limited to (a) removal of offending
material; (b) termination of services;(c) corporation with any
investigation without notice to the violator, by any Central or/and
State or/and local body or/and any court or/and tribunal having the
competence to carry out the same. jobspharma.com has the right to refuse
services to anyone at any time for any reasons, and without notice.
14. Suspension of
Service
-
Services to the user shall be suspended if any monies payable to the
company by the User is not paid on due date. Services shall be
reconnected upon subsequent payment by the User of such monies.
-
Suspended services shall be deemed to be terminated and user shall be
liable for all the charges and fees incurred up to the date.
15. Disclaimer
The services by
jobspharma.com is provided on “as is” and “as available”
basis. jobspharma.com makes no representation or warranties of any kind,
express or implied, including but not limited to implied warranties of
merchantability and fitness for a particular purpose or/and the
operation of this site or/and the information or/and content or/and
material or/and products included on this site. User shall agree that
use of service is at the user’s own risk
-
The company makes no warranty that the service shall be uninterrupted
or/and error free or/and secure; nor the company warrants the accuracy
or reliability of any information generated as a result of services used
by the User.
-
jobspharma.com makes no representation or warranties of any kind,
express or implied, regarding accuracy and/or quality of information
transmitted through the services.
-
jobspharma.com acts as a venue for employers to post jobs and candidates
to post resumes and does not screen or/and censor the listings offered.
The company is not involved in actual transaction between employers and
candidates. As a result company has no control over the quality or/and
safety or/and legality of the jobs or resumes posted or/and the truth
or/and accuracy of the listings, or/and the ability of employers to
offer job opportunity to the candidate or/and the ability of the
candidate to fill job openings. The company makes no representation
about any jobs, resumes or content on jobspharma.com.
-
jobspharma.com is a public site and accepts all information in good
faith and is not responsible whatsoever regarding the bonafide of the
user.
-
The user acknowledge and agrees that they are solely responsible for the
form or/and content or/and accuracy of any resume or material contained
therein placed by you on jobspharma.com. Employers are solely
responsible for their postings on jobspharma.com. The company is not to
be considered as employer with respect to your use of
jobspharma.com and
the company shall not be responsible for any employment decision, for
whatever reason made, made by any entity posting jobs on
jobspharma.com.
-
The User shall ensure that while using the Service, all prevailing and
applicable laws, rules and regulations, directly or indirectly for the
use of systems, service or equipment shall at all times, be strictly
complied with by the User and the Company shall not be liable in any
manner whatsoever for default of any nature regarding the same, by the
User.
-
jobspharma.com does no warrants that its website or third party website
linked with jobspharma.com will operate error free and are free of
computer viruses or/and worms or/and other harmful mechanism.
-
jobspharma.com contains links to third party websites which is solely
for the convenience of the User and the company does not endorses nor is
responsible for the content and does not make any representation
regarding the content or accuracy of material on such third party
website. If user access the linked third party web site it will be at
the Users risk only.
-
The company does not exercise any supervisory or editorial control over
and/or edit and/or amend any data and/or contents of any e-mails and/or
posting of any information that that may b e inserted or/and made
available or transmitted to a third party in or through
jobspharma.com
and the User acknowledges the same.
-
The Company has absolute discretion which the user acknowledge to
refuse and/or suspend or/and terminate and/or delete and/or amend any
artwork, materials and/or information or/and content of any data and/or
information or/and posting so as, in the sole opinion of the Company, to
comply with the prevailing legal framework and/or moral obligations as
placed on the Company and in order to avoid infringing any third party’s
rights and/or any other rules and/or standards and/or codes of practices
that may be applicable to the posting or jobspharma.com and/or the
internet.
-
Its difficult to authenticate the user and company cannot and does not
confirm that each user is who they claim to be,as
jobspharma.com is
venue only and cannot be involved in user-to-user dealings or/and
control or/and screen or/and censor postings offered to other Users nor
the Users of the services.
-
In case of any dispute amongst the Users/participants , the User
releases the company, or/and agents or/and officers or/and employees
or/and successors from any claims or/and demands or/and damages (actual
or/and consequential) of every kind or/and nature or/and known or/and
unknown or/and suspected or/and unsuspected or/and disclosed or/and
undisclosed, arising out of or/and in any way related to such disputes
and/or our service.
-
Any information or/and material and/or goods or/and services obtained
through the service is done at user's own discretion and risk and that
user shall be solely responsible for any damage/s or/and cost or/and any
other consequence/s resulting from any transaction.
-
jobspharma.com does not guarantee nor promise any specific results to
the User from use of jobspharma.com. No advice or or/and information,
whether oral or/and written, obtained by the User from
jobspharma.com
or/and through or/and from the service shall create any warranty not
expressly stated herein.
-
The Company’s maximum liability under this agreement will not exceed Rs.
1000.
16. Limitation of
Liability
-
The company, or/and its suppliers, or/and third party on site, shall
not be liable for any damages whatsoever (including, without
limitation, incidental and consequential damages, or/and, lost
profits or/and business interruptions) resulting from use or/and
inability to use jobspharma.com and its content, whether based on
warranty, contract, trot or any other legal theory and whether or
not the company is advised of the possibility of such damages.
-
The
Company take s no responsibility/liability whatsoever for shortage or
non fulfillment of the service/s on jobspharma.com any other linked site
due to or arising out of technical failure or/and malfunctioning or/and
otherwise and the User hereby undertakes that in such situation/s, the
User shall not claim any right/damages/ relief, etc against the Company
for “Deficiency of service” under The Consumer Protection Act or any
other Act/Rules, etc.
17. Use of
Information/Data Supplied
The User hereby agrees and irrevocably authorizes that the Company has
the right to:
-
Use for the company’s own purpose, any data or/and information supplied
by the User in connection with this Agreement, and/or pass on such
information to any other associated companies or selected third parties.
-
jobspharma.com shall retain all data or/and information supplied by the
User while using the Service for the exclusive use of the Company in
accordance with service agreement with the user, notwithstanding any
termination of the Agreement or suspension of the Service to the User
herein. Anything contrary to the above, unless specifically put down in
writing, following the termination or suspension of the Service to the
User, all such data and information shall remain in the Company’s
property, records and databases as the exclusive property of the
Company, for all times to come.
18. Indemnity
-
User agrees to defend, indemnify , and hold harmless the company, its
affiliates, and their respective officers, directors, employees and
agents, from and against any claims, actions or demand, including
without limitation reasonable legal and accounting fees, alleging or
resulting from any users content or/and other material the user provide
to jobspharma.com or/and users use of any
jobspharma.com content or/and
Users breach of Terms and Conditions or/and user feature any copyright,
trade secret or trademark of such third party. The company shall provide
notice to the User promptly of any such claims, suit, or proceeding.
19. Amendment
-
The company has the right to amend, vary or change the terms and
conditions, in any form as may be determined by the company. This
agreement will be periodically updated and terms and conditions changed
from time to time and the same would be posted on
jobspharma.com. The
User should visit the site and review updated Terms and conditions. For
the avoidance of doubt, the User's continued use of the Service
constitutes an affirmation and acknowledgement of the amended terms and
conditions.
20. Discontinuation
or Modification to Services
-
The Company reserves the unilateral right to add to /and/or change
and/or delete and/or end the Service at anytime with or without notice
to the User. In case of paid service, the company shall refund the User,
on pro-rata basis any amount for the remaining unused period.
-
There shall be no liability on behalf of the Company to the User or any
third party in case the Company exercise its unilateral right to modify
or discontinue the Service.
21. Waiver
-
jobspharma.com if fails to enforce any right or provision of these Terms
& Conditions shall not constitute a waiver of such right or provision.
Provisions of these Terms and conditions if found to be invalid by the
court of competent jurisdiction, the parties agrees that the court
should endeavor to give effect to the parties' intentions as reflected
in the provision, and the other provisions of these Terms & Conditions
shall remain in full force and effect.
22. Full Agreement
-
This shall be the complete and exclusive Agreement between the parties
with respect to the subject matter thereof, superseding any prior
agreements, documents and or communications regarding such subject
matter. The right to change, vary or amend, however exclusively rests
with the Company.
23. Governing Law
and Jurisdiction
-
jobspharma.com is a public site and accepts all information in good
faith and is not responsible whatsoever regarding the bonafide, the
information is believed to be true or/and correct and complies with the
low of the land.
-
The User Agree that any claims arising out of related use of the
services or the terms and conditions must be filed within 30 days,
regardless of any statute or low to the contrary. After 30 days any such
claims or cause of action arose or be forever barred.
-
This Agreement and any dispute or matter arising from incidental use of
jobspharma.com is governed by the laws of India and the User and the
Company hereby submit to the exclusive jurisdiction of the courts at
Lucknow, India without regard to its conflict of law provisions. User
and jobspharma.com agree to submit to the personal and exclusive
jurisdiction of the courts located within the State of Uttar Pradesh.
-
There is no agency or/and partnership or/and joint venture or/and
employee-employer or/and franchiser-franchisee relationship between
jobspharma.com and any user of the service.
24. Acknowledgment
and Acceptance of Terms and Conditions
-
The terms and conditions appearing here above consists of the Complete
agreement between the Party/User (as defined above ) and the Company (as
defined above ) and replaces all previous arrangements/schedules between
the parties regarding the subject matter contained hereinabove. By
completing the registration process and/or checking the “I have read and
accept the
“Terms and Conditions” box, you are indicating your acceptance to the
agreement and to be bound by all of the terms and conditions including
Privacy Commitment of the Company as
appearing hereinabove.
Thank you for using
jobspharma.com |