This Agreement is made between the Company and you, the Site visitor and/or registered user ("you"). We reserve the right at any time to:
- Change the terms and conditions of this Agreement;
- Change the Site, including eliminating or discontinuing any content on or feature of the Site, restricting the hours of availability or limiting the amount of use permitted; or
- Change any fees or charges for use of the Site, including instituting new or increased fees or charges for the use of the Site or any other Site-related services or any feature thereof.
Any changes we make will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on the Site or via electronic mail. Your use of the Site after such notice will be deemed acceptance of such changes. Be sure to review this Agreement periodically to ensure familiarity with the most current version. Upon our request, you agree to sign a non-electronic version of this Agreement.
You must be at least 18 years of age to use the Site.
OWNERSHIP; PROPRIETARY NOTICES
© 2009 ebharat.in. All Rights Reserved.
The Site, including all pages within and all code related thereto, is the property of VINAYRAS INFOTECH Inc. No portion of the materials or code on these pages or anywhere on the Site may be reprinted or republished (other than as is necessary to view the page on your monitor) in any form without the express written permission of the Company.
The Site is owned and operated by us in conjunction with others pursuant to contractual arrangements. Unauthorized use of the materials on the Site may violate copyright, trademark, patent and other laws and is prohibited. You acknowledge that you do not acquire any ownership rights by using the Site.
WARRANTY INFORMATION; DISCLAIMER
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE RELATED SERVICE, OR ANY PRODUCT OR SERVICE LICENSED, PURCHASED OR OTHERWISE MADE AVAILABLE THROUGH THE SITE, IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, VINAYRAS INFOTECH. AND ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, SPONSORS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT NEITHER VINAYRAS INFOTECH, ITS SUBSIDIARIES, AFFILIATES, SPONSORS, SUPPLIERS NOR AGENTS MAKES ANY REPRESENTATION AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE OR THE SITE-RELATED SERVICES.
VINAYRAS INFOTECH AND ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE OR THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE (OR THE SERVER(S) ON WHICH IT IS HOSTED) OR SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE SOFTWARE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF VINAYRAS INFOTECH OR ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, AGENTS, REGISTERED USERS, OR VISITORS, WHETHER MADE ON THE SITE, OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK.
Because user authentication on the Internet is difficult, the Company cannot and does not confirm that users are who they claim to be. Because we do not and cannot be involved in user-to-user transactions or control the behavior of the Site's users, in the event that you have a dispute with one or more Site users, you release VINAYRAS INFOTECH (and its subsidiaries, affiliates, agents and employees) from all claims, demands and damages (actual and consequential, direct and indirect) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes. You acknowledge that there may be certain risks, including but not limited to the risk of physical harm and of dealing with strangers, underage persons or people acting under false pretenses, associated with pursuing relationships begun on the Internet. You assume all risks related to dealing with other users with whom you have had contact through the Site.
You acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume, job listing or other material you post to the Site. The Company neither warrants nor guarantees that a resume or job posting will be viewed by any specific number of users, or that a resume or job listing will be viewed by any user. We are not to be considered as an employer with respect to your use of the Site and we shall not be responsible for any employment decisions made by any entity posting job listings or resumes to the Site.
LIMITATION OF LIABILITY
NEITHER VINAYRAS INFOTECH NOR ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, ADVERTISERS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR CONTENT CONTAINED ON THE SITE, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT CONTAINED WITHIN THE SITE IS TO STOP USING THE SITE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE.
This Site may contain links to other web sites operated by third parties, other than affiliates of the Company ("Linked Sites"). We neither control nor endorse such other web sites, nor have we reviewed or approved any content that appears on the Linked Sites. You acknowledge that when you click on a link to visit a Linked Site, a frame may appear that contains the Company logo, advertisements and/or other content selected by the Company. You acknowledge that the Company and its sponsors neither endorse nor are affiliated with the Linked Sites and are not responsible for any content that appears on the Linked Sites. You also acknowledge that the owner of the Linked Site neither endorses nor is affiliated with the Company and its sponsors.
VOID WHERE PROHIBITED; INDEMNIFICATION
Although the Site is accessible worldwide, not all products or services discussed, referenced or made available on the Site are available to all persons or in all geographic locations or jurisdictions. We make no representation that materials in the Site are appropriate or available for use in locations outside India. Those who choose to access the Site from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws if and to the extent local laws are applicable. The Company reserves the right to limit the availability of the Site and/or the provision of any product or service described thereon to any person, geographic area, or jurisdiction it so desires at any time and in our sole discretion and to limit the quantities of any such product or service that we provide.
You agree to indemnify, defend and hold us, our affiliates, sponsors, officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, (b) your violation of the Code of Conduct, and/or (c) your activities in connection with the Site or Site-related services.
CODE OF CONDUCT
While using the Site or Site-related services, you agree not to do any of the following without our prior written authorization:
- Post any inaccurate, untimely, stale, incomplete or misleading information.
- Post any employment opportunity or requirements that are inaccurate or not available with a verifiable company that is directly represented by your office.
- Post any employment opportunities that are not technology-related, or are outside a technology-related field or organization.
- Key code (by overuse of a skill set, term or definition within a job posting, profile, resume or otherwise in an effort to gain priority placement of a posting), copy other job postings as your own, post the same position multiple times on the Site or post multiple positions within one posting.
- Place any contact information within a job posting that is different from or in addition to contact information provided when subscribing to the eBharat service.
- Post any employment opportunity that does not contain a company URL, e-mail address or "apply online" application.
- Resell or make available to any person not expressly licensed by eBharat, whether via phone, fax, e-mail, mail or any other medium, any of the eBharat services or any information obtained therefrom, including without limitation the Hotlist, resumes or candidate information.
- Share passwords, login information or named user identification or otherwise allow multiple offices or users to access the eBharat service on a basis that is other than what was originally subscribed for. A named user is defined as one unique individual user with one unique password. An office is defined as a location where a named user routinely accesses or uses the eBharat service under express license from VINAYRAS INFOTECH.
- Use any search engine, software, tool, agent or other device or mechanism, including without limitation browsers, spiders, robots, avatars or intelligent agents (other than those made available by eBharat on the Site or other generally available third party web browsers, e.g., Netscape Navigator or Microsoft Internet Explorer), to navigate or search the Site.
- Allow job postings or employment requirements to remain posted on the Site for more than 24 hours after they are no longer viable or valid. To the extent that a position is placed on "hold" or is otherwise not available for immediate
placement, the posting must be removed from the Site until such time as the position is a viable opening.
- Engage in spamming, flooding, soliciting or mass marketing via e-mail, direct mail, telephone, or otherwise to eBharat job seekers or subscribers.
- Express or imply that any statements you make are endorsed by us.
- Impersonate any person or entity, including, without limitation, a eBharat employee or agent, a user of eBharat's services, including a candidate, placement specialist or an employer, or otherwise misrepresent your affiliation with any person or entity.
- Respond to a job listing on behalf of anyone other than yourself.
- Delete or revise any material posted by any other person or entity.
- Restrict or inhibit any other user from using and enjoying the Site and services, including, without limitation, by means of "hacking" or defacing any portion of the Site.
- Post or transmit (a) any incomplete, false or inaccurate biographical information or information that is not your own accurate resume (i.e., the resume of a living individual seeking employment on a full-time or part-time basis on his or her own behalf); (b) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable or harmful, or that infringes on our or any third party's intellectual property or other rights; (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication; (d) any information or software that contains a virus, worm, Trojan horse or other harmful or disruptive component; (e) any trade secret of any third party; or (f) any material, nonpublic information about companies without the authorization to do so.
- Post or transmit any job advertisement or posting that does not comply with applicable law, including, but not limited to, Govt. of India, state and local laws relating to equal employment opportunity and employment eligibility verification; including post or transmit any job advertisement or posting that require a visa as a condition of employment; or that require Indian citizenship or lawful permanent residence in India as a condition of employment, except when necessary to comply with law, regulation, executive order, or government contract.
- Use the Site for any unlawful commercial, research or information gathering purposes.
- Communicate, send, or place unsolicited e-mail, telephone calls, mailings or other contacts to posting individuals and entities.
- Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site.
- Remove any copyright, trademark, or other proprietary rights notices contained in the Site.
- "Frame" or "mirror" any part of the Site.
- Link to any page of or material on the Site other than the URL located at http://www.eBharat.com/.
- Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents.
- Print out or otherwise copy or use any personally identifiable information about candidates for purposes other than consideration of the candidates for potential employment by your company.
eBharat assumes no responsibility or liability for any personnel selected by your company. Selection, retention or hire of any individual or entity is based solely on your company's investigation, verification and determination that such hire is suitable for your company's purposes.
Your company agrees to and will hold the Company harmless from any claims, damages or losses incurred by your company or any other party as a result of your use of the eBharat system.
You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site and Site-related services.
The Company has no obligation to monitor the Site or Site-related services, including any forum, or any materials that you or other third parties transmit or post on to the Site. However, you acknowledge and agree that the Company has the right (but not the obligation) to monitor the Site and Site-related services, including any forum, and the materials you transmit or post, to alter or remove any such materials (including, without limitation, any posting to the Site), and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly, to protect itself, its sponsors, its registered users and visitors, and to comply with legal obligations or governmental requests. The Company reserves the right to refuse to post or to remove any information or materials, in whole or in part, that it deems in its sole discretion to be unacceptable, offensive or in violation of this Agreement. The Company also reserves the right to prohibit any user who, in the Company's sole discretion, violates the Code of Conduct or other terms of this Agreement from using the Site and related services. Such prohibition may occur without notice to the user.
Because our designees and we host job boards and other forums found on the Site and elsewhere and, therefore, redistribute materials you give us, we require certain rights in those materials. Therefore, by sending or transmitting to us resources, information, ideas, notes, concepts, trademarks, service marks or other materials (including, but not limited to, job postings) (collectively, "Content"), or by posting such Content to any area of the Site, you grant us and our designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to link to, reproduce, distribute (through multiple tiers), adapt, create derivative works of, publicly perform, publicly display, digitally perform or otherwise use such Content in any media now known or hereafter developed. You hereby grant the Company permission to display your logo, trademarks and company name on the Site and in press and other public releases or filings. Further, by submitting Content to the Company, you acknowledge that you have the authority to grant such rights to the Company. PLEASE NOTE THAT YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS, TRADEMARKS AND SERVICE MARKS IN ANY CONTENT YOU SUBMIT.
None of the Content is endorsed by the Company, and the Company cannot and does not make any representations with respect to the truth or reliability of the Content. The Company reserves the right to remove any Content, in whole or in part, from the Site.
Communications between the Company and the users of the Site are not confidential.
REGISTRATION; USE OF SECURE AREAS AND PASSWORDS
Some areas of the Site may require you to register with us. When and if you register, you agree to (a) provide accurate, current, and complete information about yourself as prompted by our registration form (including your e-mail address) and (b) to maintain and update your information (including your e-mail address) to keep it accurate, current, and complete. You acknowledge that should any information provided by you be found to be untrue, inaccurate, not current, or incomplete, we reserve the right to terminate this Agreement with you and your use of the Site.
As part of the registration process, your user name will be your email address and you will be asked to select a password. We may refuse to allow you to use a username that impersonates someone else, may be illegal, may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. You will be responsible for the confidentiality and use of your password and agree not to distribute, transfer or resell your use of or access to the Site to any third party. If more than one individual wishes to use a single password belonging to a registered user, such registered user must request permission from the Company in writing, it being understood that the Company shall be under no obligation to approve any such request. If you are a job seeker who has reason to believe that your account with us is no longer secure, you must promptly change your password by updating your account information from the "My Profile" tab of the Site and immediately notifying us of the problem via email addressed to firstname.lastname@example.org. If you are an employer who has reason to believe that your account with us is no longer secure, you must promptly contact Sales Support via email addressed to email@example.com
YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND SOLELY AND ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
GOVERNING LAW AND JURISDICTION
- You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms & Conditions must be filed within 30 days after such claim or cause of action arose or be forever barred.
- All information of whatsoever nature received from you is in good faith and is bonafide. The information is believed to be true/ correct and complies with the laws of the land.
- This Agreement and any dispute or matter arising from incidental use of eBharat.com is governed by the laws of India and you and the Company hereby submit to the exclusive jurisdiction of the courts at Bhubaneswar, Orissa without regard to its conflict of law provisions. User and eBharat.com agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Orissa.
ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS AND CONDITIONS