Terms of Use
This document/agreement (hereinafter referred to as “Agreement”) sets forth the Terms (hereinafter referred to as “Terms”) that apply to the access and use of the website (www.itparkjobs.com) and its Mobile Application ‘ITPARKJOBS' (collectively referred as “Platform” or “ITPARKJOBS website') ) which is managed and operated by ITPARKJOBS.com, registered office at Technopark Phase 1, Kazhakuttom, Trivandrum - 695581, India (hereinafter referred to as “Company”). By using the Platform, You are confirming your acceptance to be bound by the provisions of these Terms of Use, including the Platform Privacy Policy Statement.,
These Terms are a legally binding document and are an electronic record as prescribed under the terms of Information and Technology Act, 2000 and rules made thereunder and is generated by a computer system and does not require any physical or digital signatures. This Agreement is published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries guidelines) 2011, that provides for the due diligence to be exercised for the access or usage of this Platform.
These Terms govern the access and use of the Platform of the Company and the Services provided thereunder. Please read these Terms carefully and if you do not agree to accept these terms, please do not use this Platform and its services. The user (unless specified or apparent from the context, shall refer to any individual or the entity using the Platform to avail Services as mentioned under clause 1.8) by accepting the Terms or by accessing, downloading, installing, browsing or otherwise using the Platform agree that the user have read, understood, acknowledged and accepted these Terms and use of the Company's Platform, products and Services. This Agreement along with Privacy Policy describes the relationship of the Company and users which will be subject to the rules, guidelines, policies, terms and conditions applicable to any Service that is provided by the Company through this Platform and shall be considered as part and parcel of these Terms.
PLEASE READ THESE TERMS CAREFULLY. YOUR USE OF THE PLATFORM SHALL CONSTITUTE DEEMED ACCEPTANCE OF THESE TERMS AND CONSTITUES A BINDING AGREEMENT BETWEEN YOU AND THE COMPANY FOR THE PURPOSE AS STATED HEREUNDER.
Definitions
1.1 Accelerators shall refer to the associations who provide advice, guidance and various forms of support for businesses in the start-up phase while making an investment in the companies enrolled in their programs. Investors are business entities looking to invest in the start-ups.
1.2 Employer shall mean to include those users who use the Platform and avail Services to post job postings and interview/hire candidates.
1.3 Intellectual Property Right means and includes but is not limited to, innovations, improvements, processes, technical know-how, techniques, source code of Company, content made literary and artistic works, schematics, patents, its trademarks, trade names, designs, patents and copyrighted works, notes, agreements/contracts entered by the Company, formulas, in-house software's, VPN etc. Intellectual Property of the Company also extends to the content made available to its Users.
1.4 Incubators shall refer to the associations who help to initiate the successful development of start-up and fledgling companies by providing emerging/budding entrepreneurs with targeted resources and services.
1.5 Investors shall refer to business entities looking to invest in the start-ups.
1.6 Jobseekers shall mean to include all those users who register on the Platform and fulfil the formalities as enshrined in these Terms to avail job opportunities.
1.7 Mentors shall refer to the expert Individuals, who can share their respective ideas for a specific business activity.
1.8 Minor shall mean any person below the age of 18 years.
1.9 Personally Identifiable Information (PII) shall mean and include any information or set of information, whether alone or in combination with other personal information gathered, processed, used or stored by the Company which is sufficient to identify the individual.
1.10 Privacy Policy means policy as defined under clause 20 amended from time to time.
1.11 Professional Networking shall mean networking between Employer, their recruiters and Jobseekers through their respective accounts on the Platform which will facilitate them in fulfilment of career and job opportunities through this unique facility.
1.12 Services shall mean to include, but not limited to, the following:
1.12.1 Career Services
1.12.2 Job Posting
1.12.3 Resume Database Access
1.12.4 Private Resume Hosting Database Hosting
1.12.5 Start-up Service
1.12.6 Video Service
1.12.7 Assessment Services
1.12.8 Skill List Services
1.12.9 Zuno Services
1.12.10 ITPARKJOBS Edge Services
1.13 Terms means these terms and conditions as may be amended from time to time.
Third Party shall mean and include banks, associations, company or any entity whose facilities are being utilized by the Company to provide Services to the Users.
Purpose
2.1 Accelerators shall refer to the associations who provide advice, guidance and various forms of support for businesses in the start-up phase while making an investment in the companies enrolled in their programs. Investors are business entities looking to invest in the start-ups.
2.2 Employer shall mean to include those users who use the Platform and avail Services to post job postings and interview/hire candidates.
2.3 Intellectual Property Right means and includes but is not limited to, innovations, improvements, processes, technical know-how, techniques, source code of Company, content made literary and artistic works, schematics, patents, its trademarks, trade names, designs, patents and copyrighted works, notes, agreements/contracts entered by the Company, formulas, in-house software's, VPN etc. Intellectual Property of the Company also extends to the content made available to its Users.
2.4 Incubators shall refer to the associations who help to initiate the successful development of start-up and fledgling companies by providing emerging/budding entrepreneurs with targeted resources and services.
Use to be in Conformity With The Purpose
3.1 The Platform that is subscribed/offered to or used (whether the same is paid for by you or not) is meant for the Purpose and only the exclusive use of the user.
3.2 Copying, downloading, recreating, sharing passwords, sublicensing or sharing in any manner the content made available on Platform which is not in accordance with these Terms, is a misuse of the Platform or Service or product and the Company reserves its rights to act in such manner as to protect its loss of revenue, reputation or claim damages including stopping your Service or access and reporting to relevant authorities.
3.3 In the event the user is found to be copying, misusing, transmitting or crawling any data or photographs or graphics or any information available on the Platform for any Purpose other than that being a bonafide Purpose, the Company reserves the right to take such action that the Company deems fit including stopping access and claiming damages.
3.4 The Platform is a publicly accessible Platform and the Company assumes no liability for the quality and genuineness of responses. The Company cannot monitor the responses that a user may receive in response to information he/she has displayed on the Platform. The other user shall conduct its own background checks on the bonafide nature of all response(s).
3.5 The user gives the Company the permission to use the information about actions that the user has taken on the Platform in connection with ads, offers and other content (whether sponsored or not) that is displayed across the Platform and the Services available on the Platform, without any compensation to the user. The Company can use data and information about the user to make relevant suggestions and recommendations.
3.6 The Platform may contain links to Third Party websites and links to websites as posted by Employers, these links are provided solely as convenience to the user and the presence of these links should not under any circumstances be considered as an endorsement of the contents of the same. If the user choose to access these websites, the user does so at its own risk.
3.7 Without limiting any of the other disclaimers of warranty set forth in these Terms , Company does not provide or make any representation as to the quality or nature of any of the Third Party products or Services purchased through the Platform, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of the applicable class, or learning material, product or Service, under the terms agreed to by the provider.
3.8 Whilst using this platform an obligation is cast upon the user to only provide true and correct information and in the case of creating a profile the user undertakes to, at all times, keep the information up to date. The Company shall not be liable on account of any inaccuracy of information on the Platform. It is the responsibility of the user to further research the information on the site.
3.9 The Company shall not share PII of any user with other companies / entities without obtaining permission except with those acting as the Company's agents and the sister concerns of the Company. For further details please refer to the Privacy Policy of the Platform.
3.10 The Company shall share all such information that it has in its possession in response to legal process, such as a court order or subpoena.
3.11 The user shall not utilize the Services offered by the Platform/Company in any manner so as to impair the interests and functioning of the Platform/Company. The user undertakes not to duplicate, download publish, modify and distribute material on the Platform unless specifically authorized by the Company in this regard.
3.12 Users who violate these Terms may have their access and use of the Platform suspended or terminated, at Company's discretion.
3.13 If the user, at any time during its use of the Platform, made a misrepresentation of fact to the Company or otherwise misled Company in regards to the nature of user's business activities, the Company reserves the right to terminate user's account and access to the Platform.
Eligibility Criteria
4.1 Individuals and entities can use the Services on the Platform.
4.2 You hereby represent and warrant of being at least 18 (eighteen) years of age or the age of majority under the applicable jurisdiction and being fully able and competent to contract under the provisions of the applicable jurisdiction and to understand and agree the terms, conditions, obligation, affirmations, representations and warranties set forth in these Terms.
4.3 You hereby represent and warrant that you are not barred or otherwise legally prohibited from accessing or using the Services under the laws of India or any other applicable laws.
4.4 You agree that the Company does not have the responsibility to ensure that You are following under the aforesaid eligibility or as may be applicable under the prevalent law.
Registration
5.1 In order to use the Platform and avail the Services, user needs to register on the Platform and provide the Company with accurate and complete information. The information provided by the user for the creation of account shall be considered as Registration Information.
5.2 In order to avail the Services available via the Platform, You need to Sign Up and make an account on the Platform as one of the following type of signees:
5.2.1 Jobseeker
5.2.1.1 User can opt to register on the Platform by linking its Gmail/Facebook/LinkedIn account.
5.2.1.2 For registering on the Platform without linking the abovementioned social media accounts, the user will be required to provide the following PII:
a) Name
b) Gender
c) Date of Birth (optional)
d) Email Address
e) Mobile number
f) Current Location
g) Curriculum Vitae
h) Education Details
i) Employment History
5.2.2 For registering as an Employer, the user will be required to provide the following PII:
a) Name
b) Email Address
c) Billing Address
d) Mobile number
e) Company Name
f) Designation
g) Other documents required as per the KYC process
5.3 The user undertakes to provide to the Company with accurate and complete information. The information provided by the user for the creation of the account shall be considered as registration information.
5.4 User may also be required to furnish additional information on the basis of the preferences of Service being availed on the Platform for the purpose of complete creation of your profile. This information includes but is not limited to:
a) Bank Account Number
b) Credit/Debit Card Number
c) UPI Id
d) Any other information that may be required to complete the transaction
5.5 After furnishing such information, user shall receive an OTP on the registered mobile number to complete the registration process.
5.6 On successful registration, user will be able to access its account by using its user name and password chosen during the registration process.
5.7 User hereby agrees and undertakes to maintain and promptly update the Registration Information to keep it true, accurate and complete at all time.
5.8 User shall be responsible for all activities that occur through user's respective username and password.
5.9 In relation to any PII being saved or processed, the Company shall meet the requirement of Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 and shall adopt the technical and organizational measures as industry standards which are necessary to secure user PII.
5.10 If the Company has the reason to believe the information/PII provided by the user is incorrect, false, misleading in nature or otherwise not in accordance with the Terms and applicable law, then the Company shall be entitled to cancel or indefinitely suspend or block access to the Platform and refuse to provide access permanently for such period as the Company deems fit.
5.11 User understands and agrees that the Company shall not be liable for any unauthorized hacking of Platform or unauthorised access leading to leakage or misuse of PII.
5.12 User understands and agrees that Company shall not be held liable for any loss or damage arising from such unauthorized hacking and data leakage and user's failure to comply with these Terms.
User Account
6.1 User shall be responsible for all activities that occur through user's account.
6.2 User agree that the company shall not be liable for any unauthorized use or access of user account.
6.3 User is responsible for safeguarding the password that is used to access the Platform for the Services. The Company encourages the user to use strong password and change the password periodically with the account.
6.4 User understands and agrees that the Company shall not be held liable for user's failure to comply with the above mentioned clause i.e. clause 6.3.
6.5 User will be given an option to change the password for user's account on the Platform in case of any loss or compromise of password.
6.6 User agrees to take all steps necessary to protect log in details and keep them confidential, and not share login details to anyone else or allow anyone else to use the login credentials. In the event of any breach of security or unauthorized use of your login ID / Account you must notify the Company immediately. The Company shall not have any responsibility for the consequence of failure in case user fails to abide by the above mentioned clause and further agree to fully compensate the Company for any losses or harm that may result.
6.7 The Company shall not be responsible for any loss that user may suffer as a result of unauthorized access to user's account and/or use of the Services, and the Company accepts no responsibility for any losses or harm resulting from this unauthorized use, whether fraudulently or otherwise.
Use of Platform Services
7.1 The Platform provides to the user a compendium of Services that can be availed upon payment of an agreed amount/charges.
7.2 User agrees that any email sent by an Employer to a Jobseeker for any prospective job opportunity through the Platform may be displayed on the account of the said Jobseeker for at least a period of 7 (Seven) days, to enable the said Jobseeker to access the email, as sent by the Employer, to take a conscious decision about the job offer in the said email.
7.3 The amount/charges i.e., the price of the Service shall vary for Jobseeker as per:
7.3.1 Plan (duration of the Service)
7.3.2 Experience Level
7.4 The type of Service available for subscription for Jobseeker shall vary upon the choice of Services chosen by the Jobseeker - Detailed scope of Services for subscription for Jobseeker are specified in the Career Services page on the Platform. The Jobseeker agrees and undertakes to comply with all necessary requirements from time to time as mandated by the Platform in order for usage of Services.
For Employer:
7.4.1.1 Terms for Job Posting
a) The Company shall place the information relating to vacancies on the Platform.
b) The information with respect to vacancies so displayed on the Platform shall be untill the period of closing of the vacant position.
c) The Company will delete the job postings on the Platform in the event of any request of deletion or any other concern raised by the original job posting source/owner without any notice.
d) The Company reserves the right to remove any job posting or content from any the Platform, which in the reasonable exercise of Company's discretion, does not comply with the above Terms or applicable laws, or if any content is posted that the Company believes is not in the best interest of the Company.
e) By posting/uploading a job posting on the Platform, the Employer confirms that it has obtained all licenses/permits as are necessary for recruitment and to indemnify the Company against all claims, damages arising out of actions/claims that may be made in relation to the same.
f) The Employer will provide up to a maximum of 5_email ids for vacancies posted on the Platform to receive email notifications of applications, if any. The contact information given by the Employer for all listing should be the same and the subscriber cannot give multiple entities' contact information/data for the purpose of listing.
g) The Employer shall give an undertaking to the Company that the jobs sought to be listed on the Platform are in existence, genuine, true and accurate and the user has the authority to advertise the jobs.
h) The Employer shall not use this Service to:
i. post jobs in a manner that does not comply with applicable local, national and international laws, including but not limited to laws relating to labour and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property;
ii. post jobs that require citizenship of any particular country or lawful permanent residence in a country as a condition of employment, unless otherwise required in order to comply with law, regulations, executive order, or federal, state or local government contract;
iii. 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;
iv. post jobs or other advertisements for competitors of the Company or post jobs or other content that contains links to any site competitive with the Company;
v. sell, promote or advertise third-party products or services;
vi. advertise sexual Services or seek employees for jobs of a sexual nature;
vii. request the use of human body parts or the donation of human parts, including, without limitation, reproductive Services such as egg donation and surrogacy;
viii. endorse a particular political party, political agenda, political position or issue;
ix. promote a particular religion;
x. post jobs located in countries subject to economic sanctions in compliance with the laws of respective State jurisdiction; and except where allowed by applicable law, post jobs which require the applicant to provide information relating to his/her:
racial or ethnic origin
political beliefs
philosophical or religious beliefs
membership of a trade union
physical or mental health
sexual life
the commission of criminal offences or proceedings or Age.
7.4.1.2 Resume Database Access
a) The Company shall make available to the Employer a proprietary database of resumes for shortlisting potential Jobseekers for employment opportunities.
b) The Company shall make available to the Employer different filters within the database of resumes to increase the specificity of the search based on, including but not limited to, city, industry, job roles and other such filters as maybe added by the Company from time to time.
c) The Company shall in no way be held liable for any information received by the Employer and it shall be the sole responsibility of the Employer to check, authenticate and verify the information/response received at its own cost and expense.
d) User shall use database in accordance with all applicable privacy and data protection laws, and agrees not to further disclose any of the data from the Company's database to any Third Party, unless user is an authorized recruitment agency, staffing agency, advertising or other agency or using the resume explicitly for employment purposes.
e) Employer shall take appropriate physical, technical, and administrative measures to protect the data it has obtained from the Company's database from loss, misuse, unauthorized access, disclosure, alteration or destruction. User shall not share its login credentials with any party.
f) User shall not use this Service for any purpose other than as an Employer seeking employees, including but not limited to advertising promotions, products, or Services to any resume holders.
g) Employer shall not use this Service to make unsolicited phone calls or faxes or send unsolicited mail, email, or newsletters to Jobseekers or to contact any individual unless they have agreed to be contacted.
h) Employer shall not use this Service to source candidates or to contact Jobseekers or resume holders in regards to business opportunities prohibited by these Terms.
i) Employer shall use this Service in order to ensure a safe and effective experience for all other users, 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.
7.5 Private Resume Database Hosting Service
7.5.1 The Company provides hosting space to enable users to store resumes and to use certain Platform applications in connection with such databases.
7.5.2 The Company provides option to the users to set their resumes to private or public. A private resume will not be searchable by the Employers.
7.5.3 The Company does not own the data, including but not limited to, the PII contained in such hosted databases.
7.5.4 The data in such hosted databases are entirely controlled by the user.
7.5.5 If a Job Seeker applies to a job posting by an Employer, the resume shall be transferred to such Employer.
7.5.6 The Company is not responsible for the privacy policies or practices of Employers.
7.5.7 For more information please refer to the Platform's privacy policy for Private Resume Database Hosting Service
7.6 Start-up Services
7.6.1 The start-up ecosystem is a unique solution introduced by the Company on the Platform for networking between Interested Parties, i.e. persons or associations who intend to initiate a start-up venture and various other parties like Mentors, Incubators, Accelerators and Investors (collectively referred to as “Interested Parties”).
7.6.2 These Services are usually developed or orchestrated by Incubator's management and offered both either through the business incubator and/or through its network of contacts.
7.6.3 Through this facility, the Company brings these Interested Parties together on the Platform to provide them a common platform to interact.
7.6.4 Users can share their ideas, plans and potential innovative actions which will facilitate them in fulfillment of their respective objectives through this Service.
7.6.5 Subject to clause 8 of these Terms, the Company assumes no responsibility towards safeguarding of any or all intellectual property shared by the User with the Interested Parties while using this Service.
7.6.6 The Company assumes no liability and does not provide any guarantee for the content, quality, duration, and completion of mentorship that may be received by the user from the Interested Parties.
7.6.7 The Company makes no promises vis-à-vis certainty of funding from Interested Parties to the user
7.7 Video Service
7.7.1 Video Service specifically and only allows registered users on the Platform who have a valid login ID to upload video content related to their resumes, profile, company profile and contents ancillary and incidental thereto to be hosted on the Platform and to be configured by applicable Technology for public display on the Platform, including but not limited to the Company's affiliate's websites and on the Company affiliates and syndicated Third Party sites, and for the public posting, viewing and sharing of the Video Content.
7.7.2 User expressly agrees and acknowledges that the Video Service is a not a private Service and it is hereby clarified that once the registered users on the Platform submit their respective Video Contents for inclusion into the Platform, it will be accessible by the public at large, and that there is no confidentiality or privacy with respect to the Video Content uploaded.
7.7.3 Further, registered users of the Platform also agree and acknowledge that their Video Content submitted to Video Service may, in the Company's discretion, appear on the Platform in other countries.
7.7.4 User will not adulterate, manipulate, change, alter, amend or modify any part of the video content contained on the Platform and comply with these Terms and Privacy Policy enshrined and specified on the Platform.
7.7.5 Company assumes no liability in event of adulteration, manipulation, change, alteration, amendment or modification of Video Content by the user and/or any other non-escriptive entity.
7.8 Users while clicking the said jobs will be redirected by the Platform to the original source of the jobs posting owner website(s). It shall be the sole prerogative and responsibility of the user to check the authenticity of all or any response received pursuant to the profile being displayed by the Company for going out of station or in station for any job / interview and the Company assumes no responsibility in respect thereof.
7.9 The Company reserves its right to reject any insertion or information/data provided by the Employer without assigning any reason either before uploading or after uploading the vacancy details, refund if any shall be on a pro-rata basis i.e., the refund amount shall be based on the remaining length of the Service , at the sole discretion of the Company.
7.10 The Company will commence providing Services only upon receipt of amount/charges upfront either from user or from a Third Party on behalf of the user.
7.11 This subscription is not transferable i.e. it is for the same person throughout the period of subscription.
7.12 Terms for sourced and enriched profiles:
Sourced Profile
With the objective to provide right career opportunity with the right employer, the candidates who have listed themselves at various publicly accessed domains/URLs for better career opportunity, ITPARKJOBS has collated and sourced their publicly available information like name, email address, phone number, resume including job experience, experience, skills, and education which is posted and available for public view, on ITPARKJOBS website for better visibility of their profiles by the relevant employers in fulfilling their career objectives. ITPARKJOBS can use such information available on publicly available URL for job-related purposes, provide Job-related communication, populate to potential employers and recruiters for shortlisting for potential job requirements of such candidates. Such sourced profile candidates will be able to receive communication from employers and recruiters for various career opportunities without any effort by such candidates and can avail such career opportunities free of cost/any charge from ITPARKJOBS. Such candidates can contact to ITPARKJOBS at support@itparkjobs.com for any update of their information and any other communication for necessary action by ITPARKJOBS.
Enriched Profile
ITPARKJOBS will endeavour to gather the missing information like name, email address and phone number, company information , experience etc. on uncompleted profiles registered on its website from various publicly accessed domains/URLs so that the profile information can be enriched, made relevant and corrected. Such candidates can contact to ITPARKJOBS at support@itparkjobs.com for any update of their information and any other communication for necessary action by ITPARKJOBS. In the event of any concern or query, the sourced profile and enriched profile candidates can contact to compliance team at support@itparkjobs.com for necessary action.
Intellectual Property Rights
8.1 For the purpose of this Agreement, Intellectual Property shall mean as defined in clause 1.2.
8.2 User acknowledges and agrees that all intellectual property rights including trademarks and logos of the Company and the Platform shall vest in the Company and the user shall not indulge in any act that construes that such trademarks and logos of the Company belongs to the user.
8.3 User acknowledges and agrees that the Company owns all rights, title and interest in the Service and the Platform, including the intellectual property in the Service and the Platform developed, graphics, and programming code thereto, description, photographs, etc. created/use for the user shall solely vest with the Company.
8.4 The Company grants the user a limited license to access and make personal use of the Platform and Services.
8.5 Access or use of Platform does not confer and shall not be construed as conferring upon anyone the license to use the Company's Intellectual Property Rights.
8.6 User agrees and acknowledges that this license does not confer any right to download, copy, create a derivative work from, modify, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sub-license, grant a security interest in or otherwise transfer any right in the Service.
8.7 User agrees and acknowledges that the user does not have the right to use Company's trade names, trademarks, Service marks, logos, domain names, and other distinctive brand features.
8.8 User agrees and acknowledges that the user does not have the right to remove, obscure, or alter any proprietary rights notices (including trademarks and copyright notices), which may be affixed to or contained within the Service.
8.9 User agrees to not copy or transmit any of the Service.
8.10 If the user believes that its copyrighted work has been uploaded, posted or copied to the Platform and is accessible on the Platform in a way that constitutes copyright infringement, please notify the Company by providing Company's designated copyright agent with the following information:
(a) the physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf;
(b) a description of the copyrighted work the user claims has been infringed, and a description of the activity that You claim to be infringing;
(c) identification of the URL or other specific location on the Platform where the material or activity You claim to be infringing is located or is occurring;
(d) the user must include enough information to allow the Company to locate the material or the activity;
(e) user's name, address, telephone number and, if You have one, your e-mail address;
(f) a statement by the user that the user has a good faith belief that use on the Platform of the copyrighted work in the manner is not authorized by the copyright owner, any agent of the copyright owner, or the law; and
(g) a statement by the user, made under penalty of perjury, that the information the user has provided in the notice is accurate and that the user is either the copyright owner or are authorized to act on behalf of the copyright owner.
By email- privacypolicy@itparkjobs.com
Policy Regarding Termination Of Users Who Infringe The Copyright Or Other Intellectual Property Rights Of Others
9.1 The Company, and its sister concerns respect the Intellectual Property of others, and we ask all users, account holders and content partners to do the same.
9.2 The unauthorized reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owner's rights.
9.3 User agrees not to use the Platform to infringe the Intellectual Property Rights of others in any way.
9.4 The Company shall terminate the accounts, and block access to the Platform of any such users who are repeat infringers of the Intellectual Property Rights of others.
9.5 The Company reserves the right to take these actions at any time, in its sole discretion, with or without notice, and without any liability to the user who is terminated or to the User whose access is blocked.
9.6 Notwithstanding the foregoing please contact the following in the event that the user believes in good faith that a notice of copyright infringement has been wrongly filed against such user:
By mail: privacypolicy@itparkjobs.com
Prohibited Conduct
10.1 User shall not access or use the Platform for any purpose except those specifically authorized by these Term.
10.2 User, whether alone and/or in conjunction with others, shall not engage in any activity or conduct that results, whether directly or indirectly, in:
10.2.1 the disruption or interruption of the Platform;
10.2.2 harms minors in any way;
10.2.3 the interference with access and/or use of the Platform by other users;
10.2.4 the addition, deletion and/or modification of the Platform;
10.2.5 the collection, recording, storage, and/or use of PII of other users of the Platform;
10.2.6 the breach, or attempt to breach, the security and/or authentication features of the Platform;
10.2.7 the modification, reverse engineering, decompilation, decoding, disassembly or otherwise accessing of the source code used by the Company in connection with the Platform;
10.2.8 the linking to the Platform in any manner that is false or misleading to the User;
10.2.9 the use of the Platform to send unsolicited communications, whether personal or commercial in nature;
10.2.10 the use of the Platform' domain name(s) as a pseudonymous return email address;
10.2.11 the use of any domain name that contains or is confusingly similar to the Platform domain name(s);
10.2.12 send unsolicited mail or e-mail, making unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of products or Services to a user of the Platform;
10.2.13 posts on the Platform any franchise, pyramid scheme, “club membership“, distributorship or sales representative agency arrangement or other business opportunity which requires an upfront 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;
10.2.14 that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, invasive of another's privacy, threatening, abusive or hateful or racially, ethnically objectionable, disparaging, relating encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever;
10.2.15 threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states or of public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or insulting any other nation; and/or
10.2.16 without limiting the foregoing, and by way of example only, the User may not introduce any viruses, Trojan horses, spyware, or other software of any kind whatsoever, or engage in “flooding,” “spamming,” “spoofing,” “mail bombing,” “crashing,” “framing,” “deep-linking,” or the forgery of any information that states or suggests a false affiliation or origin of emails and other electronic matter or infringement of intellectual property of any third party or users;
10.2.17 Employers are prohibited from posting the following jobs on the Platform;
10.2.17.1 where such job is for any competitor of the Platform and contains links to any site in competition with the Platform;
10.2.17.2 which contains any hyperlinks, email addresses, HTML Tags, “hidden“ keywords, repetitive keywords or any keywords that are irrelevant to the job or are otherwise misleading;
10.2.17.3 for modelling or talent scouting positions;
10.2.17.4 which contain multiple job descriptions in one posting;
10.2.17.5 reposting the same job description multiple times;
10.2.17.6 job descriptions which are misleading;
10.2.17.7 jobs offering services pertaining to immigration/ visa processing etc.;
10.2.17.8 it is clarified that the aforementioned list is non-exhaustive and the Platform may re-visit prohibited job postings from time to time.
Terms for Employers
11.1 Employers shall be able to create their own organisation's profile on the Platform.
11.2 The Employers or the recruiters acting on their behalf shall be able to connect with Jobseekers via their organisation's profile on the Platform.
11.3 Through their organisation's profile, Employers will be able to showcase their company environment, policies & other important information, and engage Jobseekers through polls & surveys.
11.4 Employers shall have the sole responsibility of authorizing & managing the recruiters associated with their profile at their own discretion.
11.5 In the event that any of the Employers' engagement with their respective recruiter terminates, and if such recruiter had the access to its respective Employer's Professional Networking on the Platform, it shall be the sole responsibility of such Employer to immediately notify the Company about the termination of engagement with the said recruiter and appointment of a new recruiter.
11.6 It shall be the sole responsibility of the Employer to inform the Company regarding change, update or termination of engagement with the recruiter as and when such change, update or termination occurs.
11.7 Employers/their authorised recruiters are responsible for maintaining the confidentiality of their account, profile and passwords, as applicable.
11.8 Employers/their authorised recruiters may not share their password or other account access information with any other party, either temporarily or permanently, and Employer shall be responsible for all uses of the Platform, whether or not authorized by the Employer.
11.9 Employers/their authorised recruiters agree to immediately notify the Company of any unauthorized use of their account, profile, or passwords.
11.10 Employers/their authorised recruiters are solely responsible for their postings on the Platform.
11.11 Company shall not be responsible for any employment decisions, for whatever reason, made by any Employer/their authorised recruiters posting jobs on the Platform.
11.12 The Employer understands and acknowledges that if the Employer permanently closes its Employer account or the Employer account is terminated, all the account information on the Platform, including saved resumes, network contacts, and email mailing lists, will be marked as deleted. The information will be deleted by the Company within a reasonable period of time___ , unless the Company is unable to do so due to any Force Majeure Event..
11.13 In order to protect users from commercial advertising or solicitation, the Company reserves the right to restrict the number of e-mails which an Employer may send to users.
11.14 Employers, recruiters and others accessing sourced profiles on ITPARKJOBS website shall verify the DO NOT DISTURB (DND) status of the sourced profile candidates before contacting such sourced profile candidates through telephonic calls and /or through SMS/text messages and shall not make telephonic calls and /or through SMS/text messages to those candidates who have marked themselves as DND. Any non compliance thereof by the employers, recruiters and other of such statutory compliance requirement will held them liable under the applicable provisions of TRAI guidelines and regulations.
Terms for Jobseekers
12.1 Jobseekers have the option to connect with other Jobseekers on the Platform through their respective accounts.
12.2 This connect can happen only among Jobseekers who have some common background, which includes but is not limited to, being colleagues at a company, college alumni, through their connect on email/social networks, or through their common connections on the Professional network.
12.3 Jobseekers can use their profile in account for their Professional Network. Jobseekers may limit their profile access & visibility on the Professional network at their discretion. They can also control the flow of social activities related information to their contact IDs using their account settings.
12.4 Jobseekers have three profile preferences as options to choose from - Public, Limited and Private.
12.5 The Public profile will be accessible to other users for social activities. It shall be visible & available for search to the network; can be imported as connections; can receive request for recommendation / endorsements, and can share their accreditations like assessments or certifications etc. within their network.
12.6 The Limited profiles shall be accessible and visible to its connections only and can share their accreditations like assessments or certifications etc. within their network.
12.7 The Private profile shall be restricted and not open to connections, and will not be searchable for social activities. Jobseekers shall use the Professional Networking environment only for the purpose of career related information; opportunities and dissemination of information thereof through the network and shall not use Professional Networking for promotion of any sales, marketing, collecting / gathering of details of the users for the purpose or other activity, which is not permitted under these Terms & Privacy Policy of the Platform.
12.8 As a jobseeker, user understands and acknowledges that if the user cancels its account on the Platform or if the account is terminated, all the user information in the Professional network, will be marked as deleted in and may be deleted from the Platform databases and will be removed from any public area of the Platform. The information will be deleted by the Company within a reasonable period, unless the Company is unable to do so due to any Force Majeure Event.
Terms for Recruiters
13.1 Recruiters associated with Company's users can create their individual recruiter profile on the Platform, which shall be registered by the Company at its sole discretion.
13.2 These recruiters will function as authorized users of their company's account on the Platform. They can use their profile to manage their company's account, post jobs, do database searches and perform other recruitment related activities for their organisation. They can have a direct connect with the Jobseekers, who can follow them to know about their activities.
13.3 Such authorized recruiters shall be solely responsible for managing Professional Networking profile and will not be able to represent the same account as soon as their engagement terminates with their respective organisation. However, such recruiter's Professional Networking profile will be on the Platform's Professional Network containing the basic information of such recruiters along with the followers, which can be used by the recruiter for any other Employer on the Platform in association with the other Employer on the Platform.
13.4 The Company reserves the right to delete or remove of any such individual authorized recruiters without notice if it comes to the Company's knowledge or if it is otherwise notified to the Company that it infringes and/or violates any third party's trade mark, copy right and / or any other intellectual property right and the Company may also terminate access to its Website permanently
13.5 Additional terms for third-party recruiters creating recruiter profile on the Platform:
13.5.1 The non-customer recruiters, either individuals, free lancers or other entities (collectively referred to as “third-party recruiters”) who create recruiter profile on the Platform shall be solely responsible for managing their respective profile on the Platform, submission of true & correct information and ensure that the data, job posting, and other information submitted through Recruiter profile is correct, true and not misleading and shall not upload, display of data, job posting and other material on the Platform which:
13.5.1.1 is in violation of any applicable law or regulation;
13.5.1.2 will infringe the copyright, trademark, trade secret or other intellectual property or proprietary rights of others or violate the privacy, publicity or other personal rights of others;
13.5.1.3 belongs to another person/entity and to which you do not have any right to;
13.5.1.4 deceives or misleads the addressee about the origin of such message or communicates any information which is grossly offensive or menacing in nature; impersonate another person or entity;
13.5.1.5 contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of Company's computer systems or Platform, customer's computer systems or site;
13.5.1.6 is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, threatening, abusive or hateful or racially, ethnically objectionable, disparaging, seeking money from jobseekers, relating encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever.
13.5.2 Such non-customer recruiters authorize the Company to use their information in order to send e-mail or other communications regarding offers and updates on the Platform to contact them about their opinion about current products and Services or potential new products and Services that may be offered and also authorize the Platform to provide additional communications, promotions and information on new opportunities, product/Services and additional job postings.
13.5.3 The nature and frequency of these messages will vary depending upon the information the Company Posses about such non-customer recruiters.
13.5.4 The Company reserves the right to restrict/amend the features of non-customer recruiter's profile, manner of its use, the Platform as the Company deems appropriate in its sole discretion.
13.5.5 Such non-customer recruiters agree 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 demands, including without limitation reasonable legal and accounting fees, alleging or resulting from:
13.5.5.1 any content or other material provided to Recruiter profile,
13.5.5.2 use of any content on the Platform, or
13.5.5.3 breach of these terms.
13.6 On non-conformance of any of the aforesaid terms the Company reserves the right to delete or remove offending recruiter profile without notice if it comes to the Company's knowledge or if it is otherwise notifies to the Company that it infringes and/or violates any Third Party's Trade Mark, Copy right and / or any other intellectual property right and the Company may also terminate access to its Websites permanently.
13.7 The Company has no liability or responsibility towards Recruiters for performance or non-performance of such activities. Additionally, the Company has the right to initiate appropriate proceedings against the offending Recruiters as per law.
Terms for Interested Parties:
14.1 The Interested Parties have the option to connect with each other through the Platform. The Company acts only as a medium / facilitator for connecting them through its Platform.
14.2 The Interested Parties may limit their visibility/access at their discretion, and can also control the flow of their respective information.
14.3 The Interested Parties can use this facility of the Company only for the purpose of start-up related information; opportunities and dissemination of information thereof through the Platform and shall not use it for promotion of any sales, marketing, collecting / gathering of details of the users for any purpose or other activity, which is not permitted under these Terms and Privacy Policy of the Platform.
14.4 The user acknowledges and understands that the Company does not have any involvement in the constitution and dealings of Interested Parties and does not assumes any liability for liable for any inaccuracy, errors, mistakes, misrepresentation thereof in any manner whatsoever.
14.5 Interested Parties can create their respective profiles on the Platform, which shall be registered on the Platform by the Company on acceptance of such terms and conditions as the Company may deem appropriate at its sole discretion.
14.6Interested Parties can use their profile do relevant acts, and perform other activities related .to start up. They can have a direct connection between them to know about their activities.
14.7Jobseekers willing to work in start-ups can register on the Platform, and engage with Interested Parties by following their profiles, participating in online discussions and request to connect.
14.8Interested Parties can avail Job Postings Service and have Jobseekers apply to such jobs posted by these Interested Parties.
14.9Such Interested Parties shall be solely responsible for managing their profile. They are responsible for submission of true & correct information and ensure that the data and other information submitted is correct, true and not misleading and shall not upload, display of data, and other material on the Platform.
Communication Policy
15.1 By making use of the Platform, and furnishing your personal/contact details (PII), You hereby agree that the user is interested in the Services, offers, campaigns etc. that the Company or any other Third Party may offer/provide/share/send to You from time to time through any means including but not limited to telephone, SMS (short messaging Service), electronic mail (e-mail), WhatsApp or any other messaging Service/mobile application or any other physical, electronic or digital means/mode.
15.2 User hereby agrees that the Company may contact You either electronically or through phone, to understand Your interest in the selected Services and to fulfil your demand or complete your application for the Services and to assist You for customer servicing.
15.3 User also expressly agree and authorize the Company and its partners, service providers, vendors and other third parties to contact the user for the purpose of offering or inviting your interest in availing other products or Services offered by third parties, or for sending other marketing campaigns, offers, or any other information either on the Platform or through other means including but not limited to telephone, SMS (short messaging Service), electronic mail (e-mail), WhatsApp or any other messaging Service/mobile application or any other physical, electronic or digital means/mode.
15.4 User acknowledges and accepts that by using the Platform, user authorizes the Company, its affiliates, partners and third parties to contact the user for any follow up calls in relation to the Services provided through the Platform and for offering or inviting your interest in availing any other Service offered by the Company or such third parties. User agrees and consents to receive communications relating to all of the above on your phone/mobile number provided by you on the Platform and expressly waive any registration or preference made under DND/NCPR list under the applicable TRAI regulations.
15.5 User will indemnify and hold harmless the Company and the SMS/e-mail Service provider including its officials from any damages, claims, demands, proceedings, losses, costs, charges and expenses whatsoever including legal charges and attorney's fees which the Company or the SMS/e-mail Service provider may at any time incur, sustain, suffer or be subjected to as a consequence of, or arising out of, any of the following:
15.5.1 misuse by the user or improper or fraudulent information provided by the user;
15.5.2 incorrect number or a number that belongs to an unrelated Third Party provided by the user;
15.6 User agrees to receive communications through e-mails, telephone and/or SMS, from the Company or third parties. User also agree that the Company reserves the right to make user details available to its partner banks/financial institutions, vendors, Service providers, business partners, agents or any other Third Party and that You may be contacted by such partners and/or the Third Party for information through email, telephone and/or SMS.
15.7 Any query or concern should be redirected to support@itparkjobs.com.
Express Consent and Acknowledgement
16.1 User acknowledges, consents and agrees that when submitting user's resume for storage in the Company's resume database ( for brevity “database”), user's resume is automatically searchable by Employers, recruiters, hiring managers, head-hunters, Interested Parties and human resource professionals (collectively called as “employers”) who pay for access to the database.
16.2 The Company is not responsible for the use made of resumes by employers who accessed user's resume whilst it resides in the database.
16.3 User acknowledges that when user's resume is displayed in the database, personal information present within your resume (such as your email address), can be collected and used by parties other than the employers. This may result in unsolicited messages from third parties for which the Company is not responsible.
16.4 The Company will attempt to limit access to the database to the employers, but cannot guarantee that other parties will not gain access to this database.
16.5 User may remove its resume from the Platform at any time, but the employers who have gained access to the database may have retained a copy of user's resume in their own files or databases.
16.6 The Company is not responsible for the retention, use or privacy of resumes or profiles in these instances.
16.7 User acknowledges, consents and agrees that job search agents will be automatically created when user registers on the Platform.
16.8 Job search agents will automatically email the user job opportunities based on pre-selected search criteria.
16.9 User's job search agent will search daily for new open positions that match user's your criteria.
16.10 User can choose to have those search results emailed to the user on a daily, weekly or monthly basis.
16.11 User has the option to tweak/change the search criteria basis which of user's job agent shall search for job opportunities. In relation to the aforementioned, user agrees that the Company may use user's PII to contact the user and deliver information relating to the job search agent's search results to the user, or provide administrative notices or communications applicable to user's use of the Platform.
16.12 User acknowledges, consents and agrees that the Company can disclose user's resume and contact details to prospective Employers who purchased the Company's Services in order to seek qualified candidates.
16.13 The Company uses data about the user to determine whether user might be interested in the opportunities made available through such job postings.
16.14 In the event that user is an Employer posting job opportunities on the Platform, user acknowledges and agrees that user will use the candidates' PII for recruitment purposes only and will not disseminate such PII to any Third Party or use such PII for any other purposes.
Limitation of Liability and Indemnity
17.1 In no event shall the Company or its directors, employees, associates, partners, or suppliers will be liable to the user for any loss or damage that may cause or arise from or in relation to these Terms or due to use of this Platform or availing any Services from any third-party Service provider.
17.2 User agree to indemnify the Company or its directors, employees, associates, partners or suppliers for all the liabilities including claims, damages, suits or legal expenses in defending itself in relation to the foregoing arising due to (i) use or misuse of the Application (ii) non-performance and/or non- observance of the duties and obligations under these Terms or due to users acts or omissions (iii) any act, neglect, misconduct or fraud on the user's part.
17.3 User warrants that all the details and information provided by the user to the Company or its directors, employees, associates, partners, or suppliers while using this Application (including for the purposes of carrying out investments) shall be correct, accurate and genuine.
17.4 To the fullest extent permissible pursuant to applicable law, the Company and its directors, employees, associates, third-party partners or suppliers disclaim all warranties or guarantees – whether statutory, express or implied – including, but not limited to, implied warranties of merchantability, fitness and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by the user from the Company or through the Platform will create any warranty or guarantee other than those expressly stated herein.
17.5 The Platform and all content and Services provided on the Platform are provided on an “as is” and “as available” basis. The Company 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, title, non-infringement, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance. Company makes no warranty, and expressly disclaims any obligation, that:
(a) the content will be up- to-date, complete, comprehensive, accurate or applicable to your circumstances;
(b) the Platform will meet your requirements or will be available on an uninterrupted, timely, secure, or error-free basis;
(c) the results that may be obtained from the use of the Platform or any Services offered through the Platform will be accurate or reliable; or
(d) the quality of any products, Services, information, or other material obtained by you through the Platform will meet user expectations.
17.6 While availing any of the payment method/s available on the Platform, the Company will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
17.6.1 Lack of authorization for any transaction/s, or
17.6.2 Any payment issues arising out of the transaction, or
17.6.3 Illegitimacy of the payment methods (credit/debit card frauds etc.) being used by a you;
17.6.4 Decline of transaction for any other reason(s)
17.7Use of the payment facilities provided by the Platform shall not render the Platform liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty Services or fraud as regards the products or Services listed on the Platform. The Platform shall not be responsible for any damages, interests or claims arising from not processing a transaction.
Third Party Sites, Services and Products
18.1 User agrees and acknowledges that for providing or completion of Service, the Company may facilitate provisions of third-party products or Services within the Platform or redirect the user to such third-party application and website. In order to use these third- party products and Services, the user may need to accept additional terms and conditions and meet additional requirements as specified on their website.
18.2 User shall be bound by the terms of use of such Third Party website.
18.3 The Company does not exercise control over any Third Party websites and does not warrant any use thereof. User agrees that the Company is not responsible or liable in any way with respect to the contents of the third-party websites.
18.4 User shall be solely responsible for any loss or damage of any sort incurred as a result of transactions with such third parties. Any questions, complaints or claims related to any Third Party product or Service should be directed to the appropriate Third Party.
18.5 User interaction with any Third Party accessed through the Platform is at user's own risk, and the Company shall have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such Third Party or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with the Third Party.
Privacy Policy
19.1 The Company shall be committed to ensuring that the information furnished, as a part of registration process mentioned above, is secure and no unauthorized access or disclosure takes place with respect to the same. The Company has installed internal checks and mechanisms to ensure the same.
19.2 Purpose of collecting PII: The major purposes for the collection of PII are listed below:
a) For improving Services offered and received using the Platform;
b) For keeping internal records;
c) For market research purposes;
d) For the purpose of enhancing Your experience
19.3 In case user changes its mind and wish to discontinue sharing PII, users may visit their Account and manage the settings to opt out or may express such intention by emailing the Company at privacypolicy@itparkjobs.com
19.4 The Company at all times reserves the right to disclose any information as may be required by law. This may include disclosure of information for investigation of an alleged illegal activity or its response to a lawful court order.
19.5 The Privacy Policy applies to current and former users to Company's Platform. To know more about the Company's policy on collection and use of data, please go through our Privacy Policy.
Confidentiality
20.1 User acknowledges that in course of user's relationship with the Company and in using the Services, user may obtain information relating to the Services and/or the Company (“Proprietary Information”). Such Proprietary Information shall belong solely to the Company and includes, but is not limited to, the features and mode of operation of the Services, trade secrets, know-how, inventions (whether or not patentable), techniques, processes, programs, ideas, algorithms, schematics, testing procedures, software design and architecture, computer code, internal documentation, design and function specifications, product requirements, problem reports, analysis and performance information, benchmarks, software documents, and other technical, business, product, plans and data. In regard to this Proprietary Information:
20.2 User shall not use except as expressly authorized by this Agreement) or disclose Proprietary Information without the prior written consent of the Company unless such Proprietary Information becomes generally publicly available without user's breach of this Agreement.
20.3 User agree to take reasonable measures to maintain the proprietary information and Services in confidence.
Grievance Redressal
By email: privacypolicy@itparkjobs.com
Disclaimer of Warranty
THE COMPANY DOES NOT WARRANT THAT THE PLATFORM WILL OPERATE ERROR-FREE OR THAT PLATFORM AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF THE USE OF THE PLATFORM OR CONTENT ON IT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OF THE USER, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE PLATFORM AND CONTENT ON IT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT POSSIBLE BY LAW, THE COMPANY DOES NOT WARRANT THAT THE PLATFORM OR ANY COMPANY SERVICES WILL OPERATE ERROR-FREE OR THAT THE PLATFORM AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF THE USE OF THE PLATFORM OR THE CONTENT THEREIN RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS OF THE USER, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE ITPARKJOBS CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
Disclaimer of Warranty
TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE PLATFORM BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE PLATFORM AND THE CONTENT ON IT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Modification and Amendment
24.1 The Company reserves the right at any time, at its sole discretion, to change or otherwise modify the Terms and any other policy related thereto. The Company shall, at least once in a year, display on the Platform regarding any changes/updates/amendments/revisions/modifications effectuated in the Terms and any other policy related thereto. The continued access or use of this Platform after such changes/updates/amendments/revisions/modifications signifies user's acceptance of the updated/changed/amended/revised/modified Terms. Be sure to return to this page periodically to review the most current version of Terms.
24.2 Company reserves the right to discontinue or suspend, temporarily or permanently, the Services including ancillary Services, by giving reasonable time period notice, on a best effort basis, unless it is merely to change certain features/contents of the Services and/or Platform or maintain the security and integrity of the Services. User agrees that Company will not be liable to you in any manner whatsoever for any modification or discontinuance of the Services.
24.3 User agrees not to use the Services and ancillary Services for illegal purposes or for the transmission of material that is unlawful, harassing, libellous (untrue and damaging to others), invasive of another's privacy, abusive, threatening, or obscene, or that infringes the rights of other.
Force Majeure
If the whole or any part of the performance is prevented, hindered or delayed by a Force Majeure event (as defined below), Company shall not be liable for any failure to perform any of its obligations under these terms and conditions or those applicable specifically to its Services/facilities, and in such case its obligations shall be suspended for so long as the Force Majeure event continues. “Force Majeure Event” means any event, due to any cause beyond the reasonable control of Company, including without limitations, unavailability of any communication systems, breach, or virus in the digital processes or payment or delivery mechanism, sabotage, fire, flood, explosion, acts of God, pandemics, government mandated lockdown/quarantine measures, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, lockdown, computer hacking, unauthorised access to computer data and storage devices, computer crashes, malfunctioning in the computer terminal or the systems getting affected by any malicious, destructive or corrupting code or program, mechanical or technical errors/failures or power shut down, faults or failures in telecommunication etc.
Dispute Resolution
Jurisdiction over any suit, action or proceeding seeking to enforce any provision of, or based on any matter arising out of or in connection with these Terms or the transactions contemplated hereby shall lie exclusively with the courts at Hyderabad, Telangana, India, and the parties hereby consents to the jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding and irrevocably waives, to the fullest extent permitted by law, any objection which it may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding which is brought in any such court has been brought in an inconvenient forum.
Entire Agreement
These Terms, together with the other guidelines, rules, terms, conditions and/or policies of the Platform, including the Privacy Policy and any other arrangement/agreement in relation the Services, constitute the entire agreement between the user and the Company/Platform and supersede all previous agreements, promises, proposals, representations, understandings and negotiations, whether written or oral, between the user and the Company/Platform pertaining to the subject matter hereof.
Survival
Notwithstanding the termination or rescission of this Agreement, the provisions of this Agreement shall continue to apply to those duties and obligations which are intended to survive any such cancellation, termination or rescission, including, without limitation clauses related to Limitation of liability and Indemnity, Disclaimer of Warranty, Intellectual Property Rights , Confidentiality, Dispute Resolution, Governing Law and Jurisdiction. Further any provisions of this Agreement which by implication are to survive the termination of this Agreement shall survive such termination. Termination of the Agreement shall not abate the causes of action that have accrued to the Parties prior to such termination.
“All content on this website, including but not limited to text, images, graphics, and other materials, is protected by the Copyright Act, 1957. The copyright for this content is owned by ITPARKJOBS.com unless otherwise stated. Visitors to this website are granted a limited license to view, download, and print the content for personal, non-commercial use only. Any unauthorized reproduction, distribution, or modification of the content is strictly prohibited and shall be construed as infringement under the Copyright Act, 1957 . ITPARKJOBS.com reserves right to take action as and when made aware of such infringement.”
Update effective: January, 2024