“Agreement”: Means the completed registration form, complete attachment(s) and the entire terms and conditions as stated herein which shall be deemed to have been executed at New Delhi.“Company”: Means Techpeople Management Services Pvt. Ltd. hereinafter referred to as ‘Techpeople’, a company registered under the Companies Act, 1956 and its registered office at Room No. 102, D 211, Laxmansingh Complex-I, Munirka, New Delhi- 110067 along with its unit for the Company’s website justrojgar.com.
“Confidential Information”: Means all financial, commercial, technical, operational, staff, management and other information, data and know-how relating to justrojgar.com or to the Company or any other associates of the Company (including, without limitation, as to products and services, assets, customers, data and database, suppliers or employees), which may be supplied to or may otherwise come into the possession of the user.
“Date of Registration”: Means the date on which the user has registered with justrojgar.com for availing the service/s offered by the company and/ or its website justrojgar.com and indicating the acceptance of the entire Terms and Conditions as stated herein which shall be intimated to the user by way of notice either though e-mail or SMS services.
“Date of Commencement of Service”: Means the date of initiation of services offered by justrojgar.com to the registered user immediately after registration which shall be intimated to the user by the company by way of notice either though e-mail or SMS services. Services of justrojgar.com are available only to those individuals/ organisations that can form legally binding contracts enforceable under applicable law.
“Date of Termination of Service”: Means the date of expiry of services offered to the user under this agreement, which shall be intimated to the user either through notice and/ or the letter of termination, shall be sent to the user through e-mail or postal services.
“Product Catalogue”: Means a Catalogue that contains time to time information and description of the Products and/ or Services offered by the Company is sent to user/s as latest updates through e-mail or SMS services or contained in the website justrojgar.com.
“Registration Data”: Means the database that contains all the particulars and information shared by the user at the time of registration or renewal of subscription but without limiting to the user’s name, telephone number, mailing address, account and email address.
Words referring to masculine include the feminine and the singular include the plural and vice versa as the context admits or requires; and Words importing persons includes individuals, bodies corporate and unincorporated.
“Services”: Means the Services to be provided by the Company to the User of justrojgar.com that include the provision of following facilities:
a. Service to the User wishing to post all the particulars, information and resume as desired in different Registration Forms for the purpose of seeking skill development, placement, wage employment, self employment, offering technical services to the third party and mentoring support.
b. Service to the User wishing to hire a service from justrojgar.com as a ‘Service User’.
c. Service to the User who wishes to insert advertisement at justrojgar.com.
d. Service to the User who wishes to place advertisement in any publication/ literature/ periodical.
e. Service to the User wishes to receive advertisements and promotional messages on www.justrojgar.com and through emails or SMS Alerts.
g. “User”: Means either a Job Seeker or an Employer or a Recruitment agency or a Mentor or a Domestic User or a Resident Welfare Association (RWA) or a Service Provider or a Skill Training Institution or any other person/ entity who avails service of the Company whether or not registered on www.justrojgar.com and includes his successors and permitted assignees.
h. “User Data”: Means all the particulars and information provided by the User as per Registration Forms contained in the web site www.justrojgar.com, which shall be deemed to be the property of the Company.
2. Subscription Fees
Subscription Fees shall be the rate levied by the Company to the user for offering various services as mentioned in the Product Catalogue of justrojgar.com or informed to the User from time to time. The User Subscription Fees can be revised by the company at its sole discretion from time to time and inform the registered User either through product catalogue or email.All individual Users who access or make postings of information at justrojgar.com for the purpose of seeking employment or skill development shall be exempted from the application of this clause.
Liability for payment of the Subscription Fees shall accrue from the date of commencement of the services.
3. Payment of Subscription Fees
Before expiry of subscription period, the Company shall send a reminder to the registered User for renewal either through email or postal/ courier services.Upon accrual of the Subscription Fee, it shall be paid/ payable by the User as per the stipulated timeframe as mentioned in the invoice(s) raised by the Company.
On demand, the Subscription Fees shall be paid by the User. In case of any dispute with regard to payment of Subscription Fees, the User shall make the accrued payment towards the Subscription Fees subject to the decision of the Company on the dispute. In case, the dispute is decided by the Company in User’s favour, any excess amount shall be refunded to the User by the Company without any interest.
In case of any delay in payment by the User which is due under this Agreement, the Company shall have the right to charge an interest rate of 24 % per annum to the User on the outstanding amount from the due date till the date of settlement of payment.
4. Initiation of Service
The Service shall be deemed to have initiated on the date of registration followed by a confirmation in writing to the User through email.Services of justrojgar.com are available only to those individuals/company/ institutions that can form legally binding contracts enforceable under the laws of India.
5. User/ Subscriber Obligation
The User/ Subscriber shall be solely responsible for the accuracy of the particulars, information and data shared with the Company on initial registration form.All licences and permits necessary for posting and uploading a job listing on the company’s website is hereby confirmed by the User and intimated to the Company under this agreement. The User indemnifies the Company against all demands, claims and damages which may arise out of the said job posting under this agreement.
The User is responsible for the payment of all applicable taxes and for all costs that are incurred in using the justrojgar.com service and the User understands and agrees on the same.
The User agrees that at all times he will comply with the requirements of Information Technology Act 2000 as well as all rules, regulations, guidelines, bye laws and notifications made thereunder.
The User agrees to ensure compliance with all notices or instructions given by the Company from time to time for using the required Service.
The User shall obtain at his own cost any licenses, permits, consents, approvals and intellectual property or other rights as may be required for availing Service.
All information retrieved, stored and transmitted through the Service by the User shall be his sole responsibility.
The User agrees that he shall keep user password strictly confidential and shall not disclose user identification and password, and all activities and transmission performed by the User through his user identification to any person.
The User agrees that he shall with an immediate effect notify the Company of any un-authorized use of the User’s account or any other breach of security known to the User.
The User agrees that the Subscription Fees shall be promptly paid by the User to the Company as and when it becomes due/ payable.
The User agrees that he shall be responsible for the set-up or configuration of his equipment for accessing any Service.
For the transmission of text messages by way of SMS services, the User agrees that his mobile phone number shall be used. The transmission of text messages by way of SMS services shall be done through mobile service provider’s server.
User hereby agrees that SMS or its contents once sent for availing SMS services shall be considered as final and under any circumstances the same cannot be withdrawn, changed or retrieved subsequently.
SMS service is subject to guidelines/directions issued by Telecom Regulatory Authority of India or any other statutory authority from time to time.
The User agrees to receive phone calls, messages etc. by using various SMS based services, from Company and/or its associates/partners customized to provide with better job prospects.
For events, offers, information and promotions regarding jobs and ancillary services, the User agrees to allow the Company and employers/recruiters or its associated companies to get in touch with him from time to time through landline, mobile or any other means.
The User agrees that he can opt out of receiving SMS alerts by sending an email to the Company, in the event the user does not want recruiters/ employers/ company to send the same.
Justrojgar.com in its sole discretion shall reserve the right to edit, modify and alter the content and User agrees that such content shall be reflected after 48 hours of the content edition/ modification/alteration.
The User indemnifies 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.
6. User’s Prohibited Actions
Under User’s Prohibited Actions, the User solely agrees that
a. The User shall not allow any person other than the authorised person(s) as mentioned in the Order form to use the Service.
b. The User shall not resell/ assign his rights or obligations under this Terms & Conditions or make any unauthorized commercial use of the Service.
c. The User shall use the Service only for the purpose for which it is subscribed.
d. The User shall comply with all applicable laws of India relating to the Service.
e. The User shall not print, download, duplicate or otherwise copy, delete, vary or amend or use any data or personal information posted by any other User on justrojgar.com and shall not share the Service with any person without the prior written approval of the Company.
f. 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.
g. The User shall give out to the company a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable (through multiple tiers) right to exercise all copyright and publicity rights, in any existing or future media, known or unknown, over the material or User Data displayed in your listings.
h. The User shall not violate, or attempt to violate the security of justrojgar.com and/or any web sites linked to justrojgar.com.
i. The User shall be prohibited to introduce post or transmit any information or software, which contains a virus, worm or other harmful component into the internet or justrojgar.com network system.
j. The User shall not use the Service for any unlawful purpose including without limitation of criminal purposes.
k. The User shall not use the Service to send or receive any message that is offensive on moral, religious, racial, gender or political grounds or of an abusive, indecent, obscene, defamatory or menacing nature.
l. The User shall be prohibited in persistently sending messages or make postings on justrojgar.com to any other User or third party who access justrojgar.com without reasonable cause or for causing any threat or/and harassment or/and annoyance or/and anxiety or/and any other inconvenience whatsoever caused to any person.
m. The User shall not charge any fee from the candidates whose data is available on justrojgar.com for processing job application and/or any other related services of such person.
n. The User shall avail of the justrojgar.com or any other related site for lawful purposes only. The User shall not authorize to 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 libellous 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 for justrojgar.com only to the extent necessary to facilitate justrojgar.com related transactions.
o. The User agrees that he shall neither violate nor attempt to violate the security of justrojgar.com and/or any web sites linked to justrojgar.com or gain unauthorized access to any such information which is regarded as private by other Users. The user further agrees that he shall not attempt to probe, scan or test the vulnerability of a system or network or attempt to breach security or authentication of justrojgar.com and/or any websites linked to justrojgar.com.
p. All forms of SPAM, or any other activities that have the effect of facilitating SPAM, which deteriorates the performance and availability of the justrojgar.com services, are strictly prohibited.
q. The User shall not breach any of the above mentioned conventions; in which case the Company shall have the right to delete any material relating to the violations without any prior notice to the User. At the same time, the Company shall issue an immediate warning to the User to put an end to any such prohibited activity which leads to the said violations. In case the User continues to violate/ breach such conventions, the Company reserves the unilateral right to suspend or/and deactivate the User’s access to justrojgar.com Service and/or any other related facility and to forfeit any amounts paid by the User. In addition to the right to indemnity available to the Company, the Company shall have the right to initiate any legal remedy, against the User to recover the loss suffered by the Company and the harm caused to the reputation of the Company, due to such violation by the User.
7. Confidentiality of Information
The User shall maintain utmost confidentiality to his user identification and password (without limiting to changing his password from time to time), and shall use the same only for justrojgar.com and shall not reveal the same to any other person(s).The customer shall ensure that the password and username provided shall be used only by the organization named by the customer and/or the employee of the organization for which the customer shall take all necessary pre-cautions to prevent unauthorized access or/and leakage of username or/and password being provided by the Company.
In the event of theft or/and loss of user identification and/or password, the User shall immediately notify the Company by email/ telephone and/or subsequently with a written notice to the Company. The User will remain liable for use of the Services by any third party until such theft or loss reported to the Company.
The User agrees that he shall not use any software to automatically download and/or extract either a complete and/or partial resume from justrojgar.com database without prior consent from the Company in writing.
8. Maintenance & Upgradation of Website
To carry out system maintenance and/or upgrading and/or testing and/or repairs and/or other related work, the Company may at its sole discretion and without assigning any reason whatsoever at any time, deactivate and/or suspend the User’s access to Justrojgar.com and/or the Services (as the case may be) without notice. Without prejudice to any other provisions of this Agreement, the Company shall not be liable for any loss and/or damage and/or costs and/or expense that the User may suffer or incur. No fees and/or charges payable by the User to the Company shall be deducted or refunded or rebated, as a result of such deactivation and/or suspension.
9. Addition or Deletion of Content
Justrojgar.com shall reserve the right to cancel any content whatsoever from being published or reflected on its website or in any other mode.
10. Termination of Agreement
The Company may terminate this Agreement with immediate effect, without prior notice and assigning any reason/s whatsoever and without any prejudice to any/all other rights in the following events:
a. Upon expiry of the term of services for which the User has made an Agreement with the Company.
b. Upon breach/ violation of any of the terms and conditions of this agreement and/or the order form signed by him.
c. Upon mutual consent by both the parties in writing to terminate the agreement.
d. Upon the direction of any regulatory authority and/or in the opinion of the company to discontinue the services keeping in mind the larger public interest and/or if the User is declared as bankrupt.
11. Suspension of Service
The Company shall have the sole right to suspend the service provided to the User without prejudice to any other rights or remedies that may be available, if the User fails to pay his dues to the Company on the due date. The User shall continue to be liable for all charges and fee notwithstanding such suspension. The Company may resume its service on its sole discretion and subject to such terms, upon subsequent payment by the User of such amount as demanded by the Company.
The User shall be liable for Subscription Fees payable until the Date of Termination, once the agreement is terminated, without prejudice to any other rights and remedies available to the Company.The User shall pay the due amount to the Company within 30 days of the Date of Termination. The Company shall charge an interest rate of 24 % per annum to the User in the event the User fails to settle the due within 30 days.
13. Terms and Conditions of Rojgaar Toolbar
The logo and the marks used on justrojgar.com and any of the tagline used by Justrojgar.com and any downloads are the exclusive property of the Company, which shall retain all rights, title and interest in these trademarks, copyrights, logos, tagline and other intellectual property rights.
14. Violation of Terms & Conditions
If the Company, in its sole discretion, determines that a violation of the Terms & Conditions as mentioned in justrojgar.com has occurred, the Company may pursue any of its legal remedies against any person(s) who may have violated any Terms & Conditions. If the Company believes in its sole discretion that any advertisement and/or services may create liability for justrojgar.com, the Company may initiate appropriate 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. The Company reserves the sole right to refuse service to any User at any time, and/or to remove any listings and/or any advertisements for any reason, and without notice.
15. Disclaimer of Warranty
The User agrees that use of the service is at the user’s sole risk. The company does not give any warranty whatsoever that the site will operate error-free or its servers are free of computer viruses or other harmful mechanisms. The service is provided on an “as is” basis without any warranties of any kind. The Company explicitly disclaims all warranties of any kind whatsoever, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. The company makes no warranties whatsoever about the accuracy, reliability, completeness, or timeliness of the justrojgar.com content, services, software, text, graphics, and links. It is the responsibility of the User to further ascertain the facts and conduct its own background checks on the bonafide nature of all response(s) thereof.
16. Disclaimer of Consequential Damages
The user agrees that in no event whatsoever shall the company, nor any of its information providers, suppliers, or any third parties mentioned be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use any service, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages.
17. Limitation of Liability
The user agrees that in no event whatsoever the maximum liability of the company arising out of or in connection with any service, regardless of the cause of action (whether in contract, tort, breach of warranty or otherwise), shall exceed Rs.500.
The User agrees that for the purpose of this Agreement and attachments thereto and all renewals, the Confidential Information whether orally or in writing or in any other form, and which is confidential or proprietary in nature or otherwise expressed by the Company or by any of its Associates to be confidential, and not generally available to the public, shall be kept confidential and secret by the User and shall not disclose to any third party, without prior written approval of the Company.
20. Discontinuation of Services
The Company reserves the exclusive right to add and/or change and/or delete and/or end or prematurely withdraw its service or any part thereof at anytime with or without notice to the User for any reason whatsoever including on account of business exigencies and/or regulatory or statutory changes, and shall not be liable to the User or any third party in case the Company exercises its unilateral right to modify or discontinue the Service.
The failure of justrojgar.com to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms & Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms & Conditions shall remain in full force and effect.
The User agrees that the Company shall have the right to amend, vary or change the Terms and Conditions contained herein and in the Services Guide at any time solely rests with the Company, which shall be posted at justrojgar.com. The User agrees that he will visit the site periodically to review the latest Terms and Conditions.
23. Governing laws and jurisdiction
The parties agree that this Agreement and any dispute or matter arising from incidental use of justrojgar.com is governed by the laws of India and submit to the exclusive jurisdiction of the courts at Delhi, India.
24. Entire Agreement
This Agreement represents the entire agreement and understanding between the User and the Company with respect to the subject matter of this Agreement and supersedes any prior agreement or understanding, written or oral, that the Parties may have had. The right to change or amend the Agreement, however exclusively rests with the Company.
25. Acceptance of Terms and Conditions
26. Privacy Statement
Justrojgar.com respects the privacy of its users and is committed to its protection. Justrojgar.com through its various forms and formats, advertising campaigns gathers data and information about the users with regard to personal details like name, age, gender, education and skills, experience, email, postal address and other details as mentioned in the registration forms and stored in the database of justrojgar.com. The data gathered through these processes is for the exclusive use of justrojgar.com and justrojgar.com reserves right to allow access to its clients for the purposes of recruitments, essential services, skill development and any other products, services and solutions offered by the Company in future.Let’s make the justrojgar.com site an enjoyable experience for all Users. For any violation of the justrojgar.com Terms & Conditions, the User may bring it to the notice of ‘Techpeople Management Services Pvt. Ltd.’ at firstname.lastname@example.org.