Terms and Conditions - Jobdials.com
The following Terms and Conditions shall apply to any USER who uses Jobdials.com (www.Jobdials.com). All the conditions are deemed to be fully read, understood and accepted by the USER(s)
Jobdials.com may revise these Terms at any time by posting an updated version to this Web page. You should visit this page periodically to review the most current Terms as they are binding on you.
In these Conditions the following words and phrases shall have the following meanings unless the context requires otherwise:
- Advertisement: any Advertisement issued by Jobdials.com on behalf of the Client.
- Applicant: a Candidate who applies for a vacancy advertised on the www.Jobdials.com.
- Candidate: a person who uses the Jobdials.com for the purpose of finding employment.
- Client: the person(s) who have signed a Service Agreement for use of the Jobdials.com Services.
- Resume: the curriculum vitae or brief outline details of a Candidate's education, training, skills and employment experience which is provided to Jobdials.com by a Candidate for distribution to Clients with a view to securing employment.
- Services: the Services which Jobdials.com has agreed to provide to the Client and the Services which are available on the Jobdials.com for use by Candidates. oService to the User wishing to post a resume or curriculum vitae for the purpose of seeking employment. oService to the User who wishes to receive advertisements and promotional messages on Jobdials.com and through emails.
- User: Is either a job seeker or an Employer or Recruitment agency or any other person/entity that avails of any service of the Company whether or not registered on Jobdials.com and includes his successors and permitted assignees.
- Agreement: Shall mean and include the completed application form, its attachment(s) and the terms and conditions stated herein. It shall be deemed to have been executed in New Delhi.
- Company: Is defined as Weblee Technologies. An existing Company under the Companies Act, 1956 and having its registered along with its unit for the Company’s website Jobdials.com.
- Date of Commencement: Is the date indicating the acceptance of the application by the user of the service. It shall be specified by the company in its notice to the user either through e-mail or conventional mail.
- Date of Termination: Is the date of expiry mentioned in the notice or/and the letter of termination.
- Registration Data: Is the database of all the particulars and information supplied by the User on initial application and subscription, including but without limiting to the User's name, telephone number, mailing address, account and email address.
Our processing banks' policy:
We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
In order to access certain features of the Site and Application, and to create a resume to apply to job advertisements, you must register to create an account (“Job Dials Candidate Account”) and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.
You can also register to join by logging into your account with certain third party social networking sites (“SNS”) (including, but not limited to, Facebook and LinkedIn); each such account, a “Third Party Account”, via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your Job Dials Account with Third Party Accounts, by either:
- Providing your Third Party Account login information to Job Dials through the Site, Services or Application;
- Allowing Job Dials to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Job Dials and/or grant Job Dials access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Job Dials to pay any fees or making Job Dials subject to any usage limitations imposed by such third party service providers. By granting Job Dials access to any Third Party Accounts, you understand that Job Dials will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account (“SNS Content”) so that it is available on and through the Site, Services and Application via your Job Dials Account and Job Dials Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your Job Dials Account on the Site, Services and Application. Please note that if a Third Party Account or associated service becomes unavailable or Job Dials’s access to such Third Party Account is terminated by the third party service provider, then certain SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your Job Dials Account and your Third Party Accounts, at any time, by accessing the “Settings” section of the Third Party Accounts.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT WITH SUCH THIRD PARTY SERVICE PROVIDERS. Job Dials makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and Job Dials is not responsible for any SNS Content.
We will create your Job Dials Account and your Job Dials Account profile page for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Job Dials Account (but you may have multiple resume´s).
- The Candidate agrees to provide www.Jobdials.com, in such a format as Jobdials.com may request, any information necessary to enable Jobdials.com to provide those Services. Jobdials.com shall not be obliged to provide those Services until the Candidate has supplied it with the information, necessary to provide those Services.
- Job Dials does not allow including any contact details (email, web URL or telephone number) in the job posting. Candidates should apply through the platform and not by any other means. In the event Job Dials detects any job posting that is not fulfilling this policy, it will have the right to deactivate the Job and/or Customer Account without any previous notice.
Applications and Applications Forms:
If the Candidate makes an Application or is required to complete an Application Form as part of an Application, the provisions of this clause shall apply thereto. The Candidate hereby understands that:
- They have fully read and understood the requirements of a vacancy Advertisement on the Jobdials.com to which they make an Application.
- They have the appropriate skills and qualifications required by the Client.
- The details they provide to the Client as part of an Application or in an Application Form are a true and accurate reflection of their education, employment, training history and that their personal details are correct.
- That if any of the information used in an Application or Application Form is found to be false or inaccurate in any way, that Jobdials.com reserves the right to remove those details and/or suspend the use of the Services on Jobdials.com for the Candidate.
- Jobdials.com has the right at its sole discretion to decline to distribute or forward, or to suspend or remove any Application accepted by it.
- Jobdials.com may refuse, withdraw, or require to be amended, any Application which is illegal, immoral, obscene or offensive or so as to comply with the legal or moral obligations placed upon Jobdials.com or the Candidate or to avoid infringing a third party's rights or any statutory or regulatory requirements or is designed to or is likely to cause disruption to any computer system or network.
- When a Candidate makes an Application, Jobdials.com will pass the Candidate's details to the Client who placed the Advertisement for the purpose of that one Application only.
- The Candidate accepts that Jobdials.com cannot be held responsible for the content of Advertisements on the Jobdials.com and that no obligations are imposed on Jobdials.com in this regard.
- The Candidate agrees and irrevocably authorizes that the Company has the right to make the candidate´s Resume available for viewing by paying clients of the Company, who may contact the same through any available mode.
- The accuracy of the Registration Data given to the Company on initial application for the Service shall be the sole responsibility of the User.
- The User confirms that he has obtained all licenses and permits which are necessary for posting and uploading a job listing on the company's website. He indemnifies and agrees to keep the company indemnified against all demands, claims and damages which may arise out of the said job posting.
- Any licenses, permits, consents, approvals and intellectual property or other rights as may be required for using the Service shall be obtained by the User at his own cost.
- The User will ensure compliance with all notices or instructions given by the Company from time to time to enable the use of the Service.
- The User shall be solely responsible for all information retrieved, stored and transmitted through the Service by him.
- The User understands and agrees that he shall at all times comply with the requirements of Information Technology Act 2000 as well as all rules, regulations, guidelines, bye laws and notifications made there under.
- The User shall be responsible for the set-up or configuration of his equipment for accessing any Service.
- User agrees to allow Job Dials and employers/recruiters registered online or associated with it to get in touch with him/her from time to time on events, offers, information and promotions regarding jobs and ancillary services through landline, mobile or any other means.
- Jobdials.com in its sole discretion shall reserve the right to edit, modify and alter the content. The user agrees that such content placed with Job Dials. in shall be reflected after 48 hours. The user further agrees to the stipulated 48 hours processing
- The User will indemnify the Company 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.
- All content posted by you becomes the property of the Company and you agree to grant/assign the royalty free, perpetual right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
- The User shall use the Service only for the purpose for which it is subscribed.
- User is restrained from allowing any person other than the authorized person(s) named in the Order form to use the Service.
- 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 undertakes not to resell or assign his/her rights or obligations under this Terms & Conditions. The user also agrees not to make any unauthorized commercial use of the Service.
- The User shall not share the Service with any person without the prior written approval of the Company.
- 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.
- The User shall not use the Service for any unlawful purpose including without limitation criminal purposes.
- The User shall not infringe on any intellectual property rights of any person or/and retain information in any computer system or otherwise with an intention to do so.
- User agrees not to make use of anyone else's Information other than as necessary to complete any Jobdials.com transactions in which he is involved.
- The User shall not violate, or attempt to violate the security of Jobdials.com and/or any web sites linked to Jobdials.com or gain un-authorized access any information regarded as private by other Users or persons, including but without limitation to accessing data and information not intended for them or logging onto a server or account which the User is not authorized to access, attempting to probe, scan or test the vulnerability of a system or network or attempting to breach security or authentication.
- The Users shall avail of the Jobdials.com or any other related site for lawful purposes alone. Transmission or/and distribution or/and storage of material or/and conduct in violation of any applicable local or/and state or/and Central or/and foreign law or/and regulation is prohibited. This includes without limitation any unauthorized use of material protected by patent or/and copyright or/and trademark or/and other intellectual property right, material that is obscene or/and defamatory or/and libelous or/and constitutes an illegal threat, or/and violates rights of privacy or publicity, or/and violates export control laws. The User may use the information on our site only to the extent necessary to facilitate Jobdials.com related transactions.
- The user/third parties is/are hereby prohibited from making any claim, false representation/assertions such as "Job Dials is our Placement/Job/Labour Consultant".
- Jobdials.com also prohibits the use of another Internet service to send or post SPAM to drive visitors to your site hosted on or through Jobdials.com systems, whether or not the messages were originated by you, under your direction, or by or under the direction of a related or unrelated third party.
- The subscriber/Recruiter must give an undertaking to Job Dials that there will be no fee charged from any person who responds to jobs advertised on Job Dials for processing of applications / responses from such person.
- The user shall not use any software to automatically download or/and extract either a complete or/and partial resume from Job Dials database without prior consent from Job Dials in writing.
Passwords and security:
- To protect the secrecy of his user Identification and/or password the User shall take all such measures as may be necessary (including but without limiting to changing his password from time to time) and shall not reveal the same to any other person(s).
- Since a user identification is necessary to access the Service; the User shall use only his own user Identification.
- It is agreed by the User that he acquires no rights to any mailbox number or/and the user identification or/and circuit reference or/and any codes assigned to him by the Company. The User further agrees that except as otherwise proved herein, the Company reserves the right to change or/and re-assign the same to the User at its sole discretion without being liable to the User for any kind of damages or/and relief or/and any other consequence/s.
- In the event of theft or/and loss of user identification or/and password or/and security word, the User shall notify the Company immediately by telephone or/and personally concurrently provide the Company with a written notice to that effect. The User shall remain liable for use of the Services by any third party until such theft or loss is notified to the Company.
- The password and username being made available to the customer shall be used only by the organization named by the customer and the employee of the organization. The User shall take all necessary pre-cautions to prevent un-authorized access or/and leakage of username or/and password being provided by the Company to him.
Candidate Resume Database:
- The job posting, resume database and other features of the Job Dials Sites may be used only by individuals seeking employment and/or career information and by employers seeking employee.
- You shall use the Jobdials.com Resume Database as provided in these Terms and in any contract you have with Jobdials.com. You shall use the Jobdials.com Resume Database in accordance with all applicable privacy and data protection laws, and you agree you shall not further disclose any of the data from Jobdials.com Resume Database to any third party, unless you are an authorized recruitment agency, staffing agency, advertising or other agency or using the resume explicitly for employment purposes.
- The user shall take appropriate physical, technical, and administrative measures to protect the data the user has obtained from Jobdials.com Resume Database from loss, misuse, unauthorized access, disclosure, alteration or destruction. You shall not share Resume Database seat-based license login credentials with any other party, nor share Resume Database pay-per-view license login credentials with any party.
- In order to ensure a safe and effective experience for all of our customers, the Company reserves the right to limit the amount of data (including resume views) that may be accessed by the user in any given time period. These limits may be amended in the company´s sole discretion from time to time.
- The User must give an undertaking to the Company that there will be no fee charged from any person who is contacted through Jobdials.com resume database for processing of such person.
- The subscriber shall not use / circulate / forward a person's resume hosted on the Jobdials.com Network / Resumes to his / her current employer as mentioned by the person in his / her resume.
- Jobdials.com offers no guarantee nor did warranties that there would be a satisfactory response or any response at all subscriber for applications receive using the candidate database software.
Job Dials's Resume Database shall not be used:
- for any purpose other than as an employer seeking employees, including but not limited to advertising promotions, products, or services to any resume holders;
- to make unsolicited phone calls or faxes or send unsolicited mail, email, or newsletters to resume holders or to contact any individual unless they have agreed to be contacted (where consent is required or, if express consent is not required, who has not informed you that they do not want to be contacted); or
Violations of Terms & Conditions:
- If Jobdials.com, in its sole discretion, determines that a violation of the Terms & Conditions has occurred, Jobdials.com may pursue any of its legal remedies, including but not limited to the immediate deletion of any offending material from its site or/and cancellation of User's account and/or the exclusion of any person(s) who may have violated any Terms & Conditions. Jobdials.com will cooperate with any investigation 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. Such cooperation may be without notice to the User. If Jobdials.com believes in its sole discretion that any advertisement or/and services may create liability for Jobdials.com, Jobdials.com may take any actions that it believes are prudent or necessary to minimize or/and eliminate its potential liability, including but not limited to, the release of User information. In sum, Jobdials.com reserves the right to refuse service to anyone at any time, or/and to remove any listings or/and any advertisements for any reason, and without notice.
- The User shall agree that use of the service is at the user's sole risk. The service is provided on an "as is" or/and on an "as available" basis. Jobdials.com expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
- The User agrees that all jobs advertised are genuine and in existence as on the date of posting.
- The Company/Jobdials.com makes no warranty that the service shall meet user's requirements, that the service shall be uninterrupted or/and timely or/and secure or/and error free; nor does Jobdials.com make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained from the service. Cancellations and alterations shall be effected only on the receipt of application regarding the same in writing. The Company reserves the unilateral right to add to /and/or change and/or delete and/or end or prematurely withdraw its Services or any part thereof at any time with or without notice to the User for any reason including on account of business exigencies and/or regulatory or statutory changes.
- There shall be no liability on behalf of the Company to the User or any third party in case the Company exercises its unilateral right to modify or discontinue its Services.
- Payments for the services offered by Jobdials.com shall be on a 100% advance basis. Refund if any will be at the sole discretion of the Company. The Company offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Customers card/bank accounts. The Company gives no guarantees of server uptime or applications working properly.
- Job Dials as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
- There are no express representations and warranties, whether express or implied, made by the Company regarding the accuracy and/or quality of any information transmitted and/or obtained through the use of the Services or Jobdials.com.
- The Company shall not be liable for any disclosure of information concerning the User's account and/or particulars nor for any error and/or omissions and/or inaccuracy with regard to information so disclosed. In addition, the Company shall further not be liable for any loss or damages sustained by reason of such disclosure, whether intentionally or inadvertently.
- In case there is any loss of information, caused due to any reason, whether as a result of any disruption of service, suspension and/or termination of the service, the Company shall not be liable in any way for the same. Further the Company is not responsible for the accuracy, quality and/or contents of any information available, received and/or transmitted by any means using its services.
- All information are accepted in good faith and Jobdials.com accept no responsibility whatsoever regarding the bonafide of the user, nor can any interviews be granted or/and correspondence entered into regarding any information published.
- The Company does not warrant that Jobdials.com or any of the web sites linked to Jobdials.com be free of any operational hazards or errors nor that it will be free of any virus or/and worm or/and any other harmful components.
- It is not the Company's policy to exercise any kind of 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 may be inserted or/and made available or transmitted to a third party in or through Jobdials.com and the User acknowledges the same. The User acknowledges and agrees that the Company has absolute discretion 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 Jobdials.com and/or the internet.
- Jobdials.com is not involved in any transaction between any parties who uses our site. There are risks, which the User assumes when dealing with people who might be acting under false pretences and the same shall be borne by the User. The Company is a venue only and do not screen or/and censor or/and otherwise control the listings offered to other Users, nor does Jobdials.com screen or/and censor or/and otherwise control the Users of its service. Jobdials.com cannot and does not control the behaviour of the participants on this site. We cannot control whether or not Users of Jobdials.com will complete the transactions they describe on our site. It is extremely important that the user takes care throughout his dealings with other people on this site. Jobdials.com does not accept or/and assume responsibility for the content or/and context of the user comment areas and will not remove or/and edit postings to the public comments areas once they are entered into the service, except to expire records or in its sole discretion.
- The services provided by the Company and referred to herein does not create any agency relationship whether expressed or implied between the user and the Company.
- If there is any dispute between the Users/participants on this site, it is agreed upon by the Users/participants that Jobdials.com has no obligation whatsoever to be involved in any such dispute/s. In the event that the user has a dispute with one or more User/s or/and participant/s, the User hereby undertakes not to make 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 against Jobdials.com or/and their officers or/and employees or/and agents or/and successors.
- The User understands and agrees that 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.
- No advice or/and information, whether oral or/and written, obtained by the User from Jobdials.com or/and through or/and from the service shall create any warranty not expressly stated herein.
- Advertisements on Jobdials.com shall be subject to such terms and conditions as the Company determines from time to time. Responsibility for ensuring that the advertisement material submitted for inclusion on Jobdials.com complies with applicable National and International laws and is exclusively and without exception on the advertiser. The company shall not be responsible for any omission, commission or inaccuracy in the said material. However, the Company hereby reserves the right to delete, suspend or make any change to any such advertisement material.
Limitation of Liability:
- User will defend and/ or at its option settle any third party lawsuit or proceeding brought against the Company based upon or otherwise any claim arising from the fact that the User Content, Site and/or User features infringe any copyright, trade secret or trademark of such third party and second, the Company's use of any User Content, provided that such use complies with the requirements of the Agreement and third, the User's use of the Services in any manner inconsistent with or in breach of the Agreement; and/or fourth, any claim alleging facts that would constitute a breach of User's representations and warranties made in this Agreement. Any such claim/proceeding if made directly on the User shall promptly be communicated to the Company by the User with all reasonable information, assistance and cooperation in defending the lawsuit or proceeding. The User shall give the Company full control and sole authority over the defense and settlement of such claim. The User may join in defense with counsel of its choice at its own expense subject to the approval of the company. The User unilaterally agree to indemnify and hold harmless, without objection, the Company, its officers, directors, employees and agents from and against any claims, actions and/or demands and/or liabilities and/or losses and/or damages whatsoever arising from or resulting from their use of Jobdials.com or their breach of the terms of this Agreement. Indemnification shall be provided for any claim which shall arise and shall be limited to payment by the indemnifying party ("User") of all damages and costs finally awarded for such claim, or settlement costs approved in writing by the Company.
- For the purpose of this Agreement and attachments thereto and all renewals, "Confidential Information" means all financial, commercial, technical, operational, staff, management and other information, data and know-how relating to the Project or to a party (the "Disclosing Party" herein the Company) or any other members of the Disclosing Party's group of companies ( including, without limitation, as to products and services, assets, customers, date and database, suppliers or employees), which may be supplied to or may otherwise come into the possession of the other (the "Receiving Party", herein the User), whether orally or in writing or in any other form, and which is confidential or proprietary in nature or otherwise expressed by the Disclosing Party or by any of its Associates to be confidential, and not generally available to the public.
- The Receiving Party shall keep confidential and secret and not disclose to any third party the Confidential Information or any part of it, except to any of the Receiving Party's Associates, if required and upon prior permission in writing from the Disclosing Party. TheReceiving Party agrees to take all possible precautions with regard to protecting confidential information from any third party and shall ensure that all its Associates to whom such disclosure is made will act in accordance with the terms of this Agreement as if each of them were a party to this Agreement, and if required obtain a written statement from each of its employees/associates having access to such Proprietary Information undertaking to abide by the confidentiality conditions. All Proprietary Information shall be kept separate and exclusive and at the usual place of business (or residence as the case may be) of the Receiving Party.
- Further no use, reproduction, transformation or storage of the Proprietary Information shall be made by the User without the prior written permission of the Company, except where required to be disclosed pursuant to any applicable law or legal process issued by any court or the rules of any competent regulatory body.
- All information and data submitted by the User shall become the property of the Company. However all such information shall be kept strictly confidential and the Company shall not, subject to "Violation of Terms & Conditions" clause, release any such data and information to any third party without the prior consent of the User.
- The User has access to only his own data and information stored in the database at Jobdials.com (subject to prior confirmation of identity) and nothing more. The User may edit or amend such data and information from time to time.
- If any provision of these Conditions shall be invalid or unenforceable, it shall not affect any other provision, which shall remain in full force and effect.
- Any waiver by Jobdials.com of any breach of, or any default under, any provision of these Conditions by the Candidate will not be deemed to be a waiver of any subsequent breach or default and will in no way affect the other terms of these Conditions.
- Failure or delay by Jobdials.com in enforcing or partially enforcing any provision of these Conditions will not be construed as a waiver of any of its rights under these Conditions.
- It is clarified that there is no agency or/and partnership or/and joint venture or/and employee-employer or/and franchiser-franchisee relationship between Jobdials.com and any User of the Service.
- The User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms & Conditions must be filed within 30 days after such claim or cause of action arose or be forever barred.
- All information of whatsoever nature received from the user is in good faith and is bonafide. The information is believed to be true/ correct and complies with the laws of the land.
- This Agreement and any dispute or matter arising from incidental use of Jobdials.com is governed by the laws of India and the User and the Company hereby submit to the exclusive jurisdiction of the courts at Delhi, India without regard to its conflict of law provisions. User and Jobdials.com agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Delhi.