Terms and Conditions
TERMS AND CONDITIONS
This page outlines the “Terms and Conditions” regarding the uses of our services by the Users and We encourage all our Users to read it carefully. These present “Terms and Conditions” are a legally binding contract between the Users and our Company. This applies to everyone who clicks on our web portal link/Address and starts browsing our web portal. Both User and Company are individually referred to as the “party” or “Party” and together as “parties” or “Parties”.
If the same is not agreed to by the user, they may not register/create an account with Us or use any services provided through our web portal, or purchase any product shown anywhere over our web portal page.
1. DEFINITION:
a). An “Affiliate” means any company or other entity, whether a legal person, which directly or indirectly Controls, is Controlled by, or is under joint Control with that person.
To this definition, “Control” means :
- any director’s indirect ownership of over 50% of the ownership, or
- in the absence of such ownership interest, the power to direct or cause the direction of the management and set the policies of such company or entity.
b). “User”, “You” means a Job seeker, Recruiter, or any other person or entity who visits our web portal or uses our services.
c). “Company”, “We”, “Us” means Ukozin Services Private Limited / www.e2ejobs.com
d). “Third Party Content” means the Services may feature content created, and uploaded, or the Site may link to content hosted by third parties (such as job vacancies).
UNLESS THE CONTEXT REQUIRES OTHERWISE, REFERENCES TO THE SINGULAR INCLUDE THE PLURAL AND REFERENCES TO THE MASCULINE INCLUDE THE FEMININE AND VICE VERSA. THE HEADINGS CONTAINED IN THESE TERMS ARE FOR CONVENIENCE ONLY AND DO NOT AFFECT THEIR INTERPRETATION.
By using this web portal, Users are bound by the below Notice.
2. GRANT OF ACCESS
Subject to the present Terms and Conditions, the Company hereby grants to the User, and the User accepts, a limited, personal, non-exclusive, non-sublicensable, non-transferable, non-assignable license to access and use the Services solely for the User’s own internal business purposes.
We are entitled to change or modify our terms of service, any documents, and any information as provided over our web portal at any time. The User of our web portal constitutes the acceptance from the User of such modification. Certain services are provided through our web portal in addition to the services mentioned herewith. These additional services may be subject to additional rules and regulations (may be mentioned separately)
The Company at its sole discretion may change, reject, remove delete, deactivate, and discontinue the access of any User, from all or part of services provided through our web portal. In case our Company found that any User breaches the terms and conditions or has anything which in view of the Company is illegal or suspicious in such cases, the Company shall immediately deactivate or delete the account of the User and any other associated information further if the Company thinks it is necessary to do so shall take legal steps against the User.
3. THIRD-PARTY SITES, SERVICES, AND PRODUCTS
In order to enhance the experience of the User, third-party content may be featured over our web portal, the ownership of this content belongs to the Third party. It is imperative to mention here that We do not have any control over this and that is why it is known as Third Party Content. Consequently, it is advisable to exercise due care whenever the User using the services of these third-party links, contents, apps, etc. We shall not be responsible for anything that the User has done on any third-party website, and We do not systematically monitor the content of the Site. However, if a User posts something in any area of the Services that allows Users to post content or in any communications with Us and We receive a complaint from a User or third party, or have our own concerns with such content, We have the right to remove it if We believe it is in violation of any law or breaches these Terms of Use, or our Privacy Policy.
Further, We assume no responsibility for, any content, policies, or practices of any Third-Party Content. The User acknowledges that We shall not be liable for any and all claims, demands, and damages of any kind and nature arising out of or in any way connected to any and all potential liabilities arising from the use of any third-party network or content.
4. INTELLECTUAL PROPERTY RIGHTS
By using, and accessing our web portal, the User acknowledges and agrees that the copyrights, trademarks, and other intellectual property rights including registered and unregistered intellectual property rights of any kind in any territory, across the Services and the content provided as part of the Services belongs to the Company or is used under exclusive license by the Company. No rights in respect of the Services or the content provided as part of the Services are granted to the User other than those expressly set out in these terms of use. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
Users accept and agree that We have the right to disclose their identity to any third party who is claiming that any content posted or uploaded by a User to our Site constitutes a violation of their intellectual property rights or of their right to privacy or any other law. Any Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holder’s rights. Users agreed that they shall not use our Web portal to infringe on anyone’s intellectual property rights.
5. PRIVACY POLICY
We do not share the personal information of our Users with any other entity without obtaining prior permission from its Users however, We may share all information that We have in our possession only in accordance with our privacy policy. Further, any information collected from Users, such as registration (including but not limited to email addresses, mobile phone numbers, and government identity documentation) and payment information, is subject to our Company’s Privacy Policy which is available in the Privacy Policy section. User warrants and represents that User shall not disclose or transfer personal information shared by our Company to anyone without ensuring adequate and equivalent safeguards to the personal information.
6. USE OF THE SERVICES BY THE USER
6.1 PERMITTED PURPOSE: Users are permitted to use the Services for personal consumption or their own internal business purposes (but not for commercial purposes including but not limited to whereby User re-sale or otherwise make profit from any third party by mispresenting the Services as their own, or by selling access to the Services to any third party) (“Permitted Purpose”).
6.2 UNAUTHORISED USE: Any other use of this web portal and the Services beyond the Permitted Purpose is prohibited and, therefore, constitutes unauthorized use of this Website. Unauthorized use of this Site may result in violation of various international laws.
7. MANAGING THE ACCOUNT OF USERS
Users agree to not create duplicate accounts and undertake to keep all of their account login details (if applicable, for example, account holding Jobseekers), confidential and secure, including not sharing those details with any third party, including minors. Users are solely responsible for all activity that occurs under their account.
Our Privacy Policy sets out how We use User personal data, and the controls have over marketing and communications and other such settings. By providing a USER email address, the User may register for the “Job Alert” service and receive email notifications on the availability of new job offers corresponding to the search parameters the User has set at the time of registration or later. Please visit the User settings within the User’s account to make any changes.
8. FEES, PAYMENTS, RENEWAL, AND REFUNDS FOR USERS
User shall pay www.e2ejobs.com all fees as outlined in the pricing section or by the applicable rates as published on the web portal unless agreed otherwise in writing by the Parties. The Services are billed on a subscription basis. Users will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing Cycles are set either on a monthly or annual basis, depending on the type of subscription plan selected as indicated.
All payment obligations are non-cancellable, and Fees and taxes, once paid, are non-refundable. All Fees, Overage, and other amounts payable by the User under the Agreement are exclusive of taxes, duties, levies, and similar assessments as well as any other costs including transaction costs or bank transfer fees. If the User fails to make any payment when due then, in addition to all other remedies that may be available:
a. Our Company may charge interest on the past due amount at the rate of 1% per month of the value of the applicable Fees, calculated daily and compounded monthly or, if higher, the maximum rate permitted under applicable law.
b. User shall reimburse Us for all costs incurred by our Company in collecting any late payments or interest, including attorneys’ fees, court costs, and collection agency fees; and
c. If such failure continues for more than thirty (30) days following written notice thereof, We may suspend the performance of the Services until all past due amounts, and interest thereon, have been paid, without incurring any obligation or liability to the User or any other person by reason of such suspension.
9. USER CONDUCT
By using our web portal, the User represents, warrants, and agrees that:
a) They are 18 years of age or older (as per country law).
b) They will only use the web portal for legal purposes, and they will remain responsible for complying with all laws and regulations applicable to their use of the web portal.
c) They shall only post truthful listings and reviews.
d) They shall perform all obligations undertaken when working on a job or kind to someone via our Site.
e) They shall provide valid payment method information when necessary and pay all sums due when due.
f) They shall not submit unsolicited bulk or commercial messages (“spam”) to our web portal, other Users, or anyone else. Any unsolicited message must also not direct the recipient to any third-party site or another resource.
g) They shall not access our web portal to gain a competitive advantage.
h) They shall not interfere with the proper working of the Site. The User shall not impersonate any other person or entity, submit any false, defamatory, offensive, harassing material, or any material that violates another party's rights of privacy and publicity.
10. CONFIDENTIALITY
In connection with this Agreement, each Party may have access to or be exposed to information of the other Party that is not generally known to the public, such as software, product plans, pricing, marketing and sales information, customer lists, “know-how,” or trade secrets, which may be designated as confidential or which, under the circumstances surrounding disclosure, ought to be treated as confidential, including Customer Data (collectively, “Confidential Information”).
Confidential Information may not be shared with third parties unless such disclosure is to the receiving Party’s personnel, including employees, agents, and authorized subcontractors, on a “need-to-know” basis in connection with this Agreement, so long as such personnel has agreed in writing to treat such Confidential Information under terms at least as restrictive as those herein. Each Party agrees to take the necessary precautions to maintain the confidentiality of the other Party’s Confidential Information by using at least the same degree of care as such Party employs with respect to its own Confidential Information of a similar nature, but in no case less than a reasonable standard of care to maintain confidentiality.
The foregoing shall not apply to information that: (a) was known by the receiving party prior to its receipt from the disclosing party or is or becomes public knowledge through no fault of the receiving party; or (b) is rightfully received by the receiving party from a third party without a duty of confidentiality. If a receiving party is required by a court or government agency to disclose Confidential Information, the receiving party shall provide reasonable advance notice to the disclosing party before making such disclosure to enable the disclosing party to see an appropriate protective order or another such remedy.
11. CLOSURE OF ACCOUNTS
We may ask any User to close their account at any time. We reserve the right to deactivate any account if Users have not been actively using their account for any reasonable period We determine in our discretion, or in compliance with Company procedures, it being understood that the User can register again at any time.
We reserve the right to close any account for any reason at any time with or without notice to the User at our sole discretion. In addition, Users acknowledge that We will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
12. PAYMENTS
Our Company may introduce any paid-for features or products or services, which shall be informed to the User and these terms shall be updated to reflect any change to our billing model. Fees may be paid by the User through various methods of payment provided by our Company through its Services.
All Fees paid by the User are non-refundable. User acknowledges and agrees that no refunds shall be paid on account of opting out, cancellation, non-use or partial use of the Services. All amounts mentioned are exclusive of GST and other applicable taxes. The User is responsible for paying all the applicable taxes. Our Company shall, if it has the legal obligation to do so, include such amounts in the Invoice.
13. CLASS ACTION WAIVER
User agreed that they shall not participate in any class action and that no claim relating to any dispute can be brought by the User unless they are acting solely as an individual in an individual action under any jurisdiction, and under no circumstances will class action procedures or rules apply to the arbitration or any other dispute process.
In any dispute, neither the user nor any other person shall be entitled to join or consolidate claims by or against other affiliates or persons or arbitrate any claim as a representative or class action or in a private attorney general capacity. users acknowledge that they are giving up their rights to participate in a class action or representative action with respect to any such claim.
14. DISCLAIMER OF WARRANTIES
This site and all of its content are provided "as is." Users must not rely on any information published on or linked to this web portal without first making their own enquiries to verify it is accurate, current, and complete. We do not make, and expressly disclaim, any representations, warranties, covenants, and conditions, express or implied, arising out of operation of law, course of performance, course of dealing, usage of trade, or otherwise, including any express or implied warranties and conditions of: merchantability; fitness for a particular purpose; non-infringement; safety; quality; freedom from defects or that defects will be corrected; uninterrupted, virus-free or error-free use of this site; or accuracy, currency, reliability, completeness or appropriateness relating to the content of this site.
User hereby releases our company from any and all claims, demands, losses, damages, rights, claims, and actions of any kind that are either directly or indirectly related to or arises from: (1) the actions, content, or data of third parties (including, advertisers, employers, and other users) (2) user participation in any offline events.
15. LIMITATIONS OF LIABILITY
To the greatest extent permitted by applicable law, each Party’s total accumulated liability to the other or to any third party for any direct loss and not indirect loss, damages, costs, or expenses whether in strict liability, negligence, contract, or otherwise relating to this Agreement, shall be limited to the aggregate fees paid or payable by Customer to Our Company during the twelve-month period prior to the occurrence of the initial event giving rise to a claim.
Neither Party shall be liable to the other for any consequential damage and indirect damage, including but not limited to lose, lost sales or lost profits, consequential, incidental, special, punitive, and/or contingent damages whatsoever, (whether in contract, tort (including negligence), strict liability, warranty or otherwise), even if such party knew or should have known of the possibility of such damages.
Our Company shall not be liable for Beta Products and Free Plan Products nor for damage, destruction, or loss of data or documents (including Customer Data) resulting from the use of the Services.
16. INDEMNITY
User agrees to indemnify and hold harmless our Company, our officers, directors, employees, agents, Affiliates (and officers, directors, employees, and agents of Affiliate entities) for any claims, causes of action, debts, losses, costs, liabilities, and expenses (including reasonable legal fees) relating to or arising, directly or indirectly, out of the User, or anyone using User’s account:
(i) Use of or inability to use the Services,
(ii) any content or information posted using the User’s account,
(iii) violation of these Terms,
(iv) violation of any rights of a third party, or
(iv)violation of any applicable laws, rules, or regulations.
We reserve the right to assume the exclusive Défense and control of any matter otherwise subject to indemnification by the User. The User agrees to provide Us with full cooperation if We choose to exercise this right and all other terms of indemnification will continue to apply.
17. PRIVACY AND ELECTRONIC COMMUNICATIONS
17.1 Privacy Policy.
The terms of our Privacy Policy are expressly incorporated herein and form a part of the User agreement with our Company.
17.2 Electronic communications.
User agrees that all notices or other communications regarding User account and/or User’s use of the Site ("Communications"), may be provided to the User electronically and User agree to receive all Communications from Us in electronic form only. Users may print a copy of any Communications and retain it for their records. All electronic Communications will be considered just as legally binding as if they were in paper form. Users may revoke their consent to receive Communications electronically, but if Users revoke their consent to receive Communications electronically, We reserve the right to terminate the User’s right to use our Site.
18. MISCELLANEOUS PROVISIONS
18.1 Assignment: We may transfer, assign, or subcontract the rights, interests, or obligations under these Terms, at our sole discretion, without obtaining User consent.
18.2 Severability and No Waiver: If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. The failure of any party hereto to exercise any right, power, or remedy provided under these Terms or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or another right, power or remedy or to demand such compliance.
18.3 Force Majeure: Neither Party shall be liable to the other for any failure to perform any of its obligations (except payment obligations) under the Agreement during any period in which such performance is delayed by circumstances beyond its reasonable control, such as fire, flood, war, embargo, COVID, strike, riot, terrorism, epidemic or pandemic, or the intervention of any governmental authority (a “Force Majeure”). In such event, however, the delayed Party must promptly provide the other Party with written notice of the Force Majeure. The delayed Party’s time for performance will be excused for the duration of the Force Majeure, but if the Force Majeure event lasts longer than 90 days, then the other Party may immediately terminate, without any liability, in whole or in part, the Agreement by giving written notice to the delayed Party.
18.4 Entire Agreement: These Terms, and any documents to which these Terms refer, such as our Privacy Policy, constitute a legally binding contract that governs the relationship between our Company and the User. This Agreement supersedes any conditions that may have been agreed to in the past, even if not directly withdrawn or amended, and constitute the entirety of the rights and obligations in place between our Company and the User.
18.5 Notices: Any notice, request, demand, or other communication to be provided under this Agreement shall be in writing and shall be sent by the email addresses provided by each Party, or at such other address as a Party may designate by written notice to the other Party.
18.6 Headings: The section headings in this Agreement are inserted for convenience of reference only and shall not affect the meaning or interpretation of the Agreement.
19. GOVERNING LAW AND JURISDICTION.
These terms and conditions are governed by and are to be construed in accordance with the laws of the Republic of India. Any dispute, controversy, or claim arising out of or relating in any way to the use of this website or its contents, shall be settled by arbitration, with the seat of arbitration in Bangalore, India. The language to be used in the arbitration shall be English.
20. LANGUAGE.
These terms and conditions are written in English language and any proceedings relating to these documents and any related dispute shall be conducted in English only. If We make these documents available in any other language, the terms in English language shall prevail.
21. COMPLAINTS
In case of any complaint, the User may write to Us at contact@ukozin.site
