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Siliguri

Terms of Use Agreement

 

Revised: 1 January 2014

 

jobSenz (“jobSenz?, “Grey Labs Pte Ltd?, “us?, or “we?) provides services related to sharing information about employers and salaries (the “Services?) in connection with the jobSenz website, located at http://www.jobsenz.com (the “Site?).

 

This Terms of Use Agreement (“Agreement?), including the jobSenz including the JobSenz Privacy Policy which is hereby incorporated into this Agreement by reference, sets forth the legally binding terms for your use of the Services. The current version of this Agreement was first posted on 1 January 2014 and becomes effective as of 1 January 2014. By accessing and using the Services, you agree to comply with and be bound by this Agreement, whether you are visiting the Site (?Visitor?) or you are a “Member? (which means that you have registered on the Site). The term “User? refers to both Visitors and Members.

 

If you sign up for additional features and services that are governed by additional terms and conditions, we will inform you accordingly when you sign up for these additional features and services. Unless otherwise provided by the additional terms and conditions, they are hereby incorporated into this Agreement by reference.

 

Please read this Agreement carefully before using the Services or parts thereof. This Agreement is a legally binding agreement between you (the individual using the Services, and the company (if any) for which they are used) and JobSenz.

 

1. Your jobSenz Account

 

In order to use the Services (and to become a Member), you must create a jobSenz account on the Site (“Account?).

 

1.Eligibility. By using the Services, you represent and warrant that: (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are thirteen (13) years of age or older upon registration; and (d) your use of the Services does not violate any applicable law or regulation, or any other obligation (including contractual obligation) you might have towards third parties. In order to become a Member, you have to provide (i) details of a current or former job, your social media and qualification (“User Profile?). Any Account you have created by registering on the Site may be deleted without warning if we believe that any representation and warranty you make hereunder is breached or inaccurate

 

2.Password. When you sign up to become a Member, you will also be asked to choose a password for your Account. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the Account or password of another Member at any time. You agree to notify us immediately if you suspect any unauthorized use of your Account or access to your password. You are solely responsible for any and all use of your Account.

 

3.Term and Termination. This Agreement shall remain in full force and effect (a) while you are using the Services, if you are a Visitor, and (b) for the duration of your membership, if you are a Member. You may delete your Account and end your membership at any time, for any or no reason by sending your request to Customer Care; please note that even if you delete your Account but continue to use the Services as a Visitor, your use of the Services is still subject to this Agreement. Unless jobSenz has terminated your Account, you can start a new membership by registering and providing a new User Profile. We may terminate your membership for any or no reason at any time by ceasing to provide the Services to you. You understand that termination of this Agreement and the Account you have created with us may involve deletion of your Account information from our live databases. We will not have any liability whatsoever to you for any termination of your Account or related deletion of your information.

 

2.Ownership; Use of Services

 

1.Your Grant. We do not claim ownership in any Content that you upload, provide, make available, or otherwise transfer (“post?) on the Services, but to be able to legally provide our Users with the Services, we have to have certain rights to use such Content in connection with the Services, as set forth below. In return, we also grant you certain use rights as set forth in Section 2.2 to the Content that we (or our licensors) own and use to provide the Services to you and other Users. By posting any Content on the Services, you hereby grant to us an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, perform, display, create derivative works of, and distribute such Content in any and all media (now known or later developed) throughout the world. No compensation will be paid with respect to the Content that you post through the Services. You should only post Content to the Services that you are comfortable sharing with others under the terms and conditions set forth herein.

 

2.Third Party Content. The Services contain Content provided by us and our licensors (“jobSenz Content?). We and our licensors (including other Users) own and retain all proprietary rights in the jobSenz Content and we own and retain all property rights in the Services. Provided you are a User, and subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-sublicensable license under the intellectual property rights licensable by us to download, view, copy and print jobSenz Content from the Services solely for your personal use in connection with using the Services.

 

3.Third Parties and Other Users

 

1.Services – Ownership and Restrictions.  You acknowledge that all the intellectual property rights in the Services (excluding any Content provided by Users) are owned by jobSenz, or jobSenz's licensors. You agree not to (a) reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, or create derivative works based on the Services or the jobSenz Content and (b) rent, lease, loan, or sell access to the Services. “Content? means any work of authorship or information, including user details on current/ previous companies, social media, qualifications, comments, opinions, postings, messages, text, files, images, photos, works of authorship, e-mail, or other materials.

 

2.jobSenz Content.  Content from other Users, advertisers, and other third parties is made available to you through the Services. Because we do not control such Content, (a) you agree that we are not responsible for any such Content, including advertising and information about third party products or service, employer, interview and User Profile-related information provided by other Members through User Profile and (b) we make no guarantees about the accuracy, currency, suitability, or quality of the information in such Content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other Users, advertisers, and third parties.

 

3.Responsibility. Your interactions with other Users on the Services or with advertisers, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other User or advertiser. You agree that we are not responsible for any loss or damage incurred as the result of any such dealings or with respect to any other User's use or disclosure of information about you that you have provided to publicly available sections of the Services. If there is a dispute between you and any third party (including any User), we are under no obligation to become involved; however, we reserve the right, but have no obligation, to monitor disputes between you and other Users.

 

4.jobSenz Member Interaction. You will not use any information obtained from the Services in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent. In order to protect our Members from such advertising or solicitation, we reserve the right to restrict the number of communications which a Member may send to other Members and the sharing of any Content in any period to a number and amount which we deem appropriate in our sole discretion.

 

4.Acceptable Use and Conduct

 

You are solely responsible for any and all Content that is posted through your Account on the Services and for your interactions with other Users.

 

1.Prohibited Content. You agree that you will not post any Prohibited Content or use any Prohibited Content in connection with the Services. “Prohibited Content? is Content that: (i) is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or is pornographic or sexually explicit in nature; (ii) bullies, harasses or advocates stalking, bullying, or harassment of another person; (iii) involves the transmission of “junk mail?, “chain letters,? or unsolicited mass mailing, or “spamming,?; (iv) is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (v) promotes, copies, performs or distributes an illegal or unauthorized copy of another person's work that is protected by copyright or trade secret law, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music, videos, or movies, or links to such pirated music, videos, or movies; (vi) is involved in the exploitation of persons under the age of eighteen (18) in a sexual or violent manner, or solicits personal information from anyone under eighteen (18); (vii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses and other harmful code; (viii) solicits passwords or personally identifying information for commercial or unlawful purposes from other Users; (ix) except as expressly approved by us, involves commercial activities and/or promotions such as contests, sweepstakes, barter, advertising, or pyramid schemes; (x) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; or ; (xi) posts or distributes information which would violate any confidentiality, non-disclosure or other contractual restrictions or rights of any third party, including any current or former employers or potential employers, or (xii) otherwise violates the terms of this Agreement or creates liability for us.

 

2.Representations Regarding Your Content. You represent and warrant that: (a) you own the Content posted by you on the Service or otherwise have the right to grant the license set forth in this Agreement, (b) your Content does not violate the privacy rights, publicity rights, copyright rights, or other rights of any person, (c) by providing or posting your Content, you do not violate any confidentiality, non-disclosure, or contractual obligations you might have towards a third party, including your current or former employer or any potential employer, (d) any information you provide in a User Profile is correct, and (e) any information you provide about your current, past or potential status as an employee of a certain employer is correct and complete. Please make sure that you only provide information to the Services that you are allowed to provide without violating any obligations you might have towards a third party, including any confidentiality, non-disclosure or contractual obligations. Please do not provide any information that you are not allowed to share with others, including by contract or law; please note that any information you provide will be accessible by every User of the Services.

 

3.Enforcement by jobSenz. Any use of the Services in violation of this Agreement may result in, among other consequences, termination or suspension of your rights to use the Services. We may disclose information about your use of the Services in accordance with our privacy policy. We have the right (but not the obligation) to review any Content and delete (or modify) any Content that in our sole discretion violates this Agreement or which is Prohibited Content, or may otherwise violate the rights, harm, or threaten the safety of any User or any other person, or create liability for us or any User. We reserve the right (but have no obligation) to investigate and take appropriate legal action in our sole discretion against you if you violate this provision or any other provision of this Agreement, including without limitation, removing Content from the Services (or modifying it), terminating your membership and Account, reporting you to law enforcement authorities, and taking legal action against you. You are solely responsible for creating backup copies of and replacing any Content you post on the Services at your sole cost and expense.

4.Lawful Use. You will use the Services in a manner consistent with any and all applicable laws and regulations and solely for lawful purposes. The Services are for the personal use of Users only. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from your Content without notice and may result in suspension or termination of your Account.

5.No Disruption. You will not: (i) cover or obscure any banner advertisements on the Services, or any jobSenz page via HTML/CSS, scripting, or any other means, (ii) interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services; (iii) introduce software or automated agents to the Services, or access the Service so as to produce multiple accounts, generate automated messages, or to strip or mine data from the Services; or (iv) interfere with, disrupt, or modify any data or functionality of the Services.

6.Miscellaneous. You will not attempt to impersonate another User or person, including any of our employees. You will use the Services in a manner consistent with any and all applicable laws and regulations.

 

5.Third-Party Websites

 

The Services may contain links to third-party websites (“

Third-Party Websites

?) (a) placed by us as a service to those interested in this information; or (b) posted by other Members. You use all such links to Third-Party Websites at your own risk. We do not monitor or have any control over, and make no claim or representation regarding Third-Party Websites. To the extent such links are provided by us, they are provided only as a convenience, and such link to a Third-Party Website does not imply our endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Website. When you leave the Site, our terms and policies no longer govern.

 

6.Copyright Policy

It is our policy to terminate membership privileges of any Member who repeatedly infringes copyright upon prompt notification to us by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) an identification of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Services; (iv) your address, telephone number, and e-mail address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Contact information for our Copyright Agent for notice of claims of copyright infringement is as follows:

 

Grey Labs Pte Ltd.

Attn: Copyright Agent

6001 Beach Road, #18-01

Singapore 199589

e-mail: [email protected]

7.Disclaimers

 

We are not responsible for any incorrect or inaccurate Content (including any information in profiles) posted on the Services, whether caused by Users or by any of the equipment or programming associated with or utilized in the Services. We are not responsible for the conduct, whether online or offline, of any User of the Services. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication with other Users. We are not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or at the Site or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from use of the Services or from any Content posted on the Site or transmitted to Users, or any interactions between Users of the Services, whether online or offline.

 

The Services are provided “As-Is? and as available. We expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that: (a) the Services will meet your requirements; (b) the Services will be available on an uninterrupted, timely, secure, or error-free basis; or (c) the results that may be obtained from the use of the Services will be accurate or reliable.

 

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

 

8.Limitation on Liability

 

In no event shall we be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising from your use of the Services, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to your use of the Services (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the greater of fifty Singapore Dollars (S$50) and the amounts you paid to us in the twelve (12) months prior to the accrual of the claim.

 

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you and you may also have other legal rights that vary from jurisdiction to jurisdiction.

 

9.Miscellaneous

 

1.Amendments. This Agreement may be modified by us from time to time. If we make material changes to the Agreement, we will notify you by sending an e-mail to your e-mail address, as specified in your Account. You agree that such amended Agreement will be effective thirty (30) days after being sent to you, and your continued use of the Services after that time shall constitute your acceptance of the amended Agreement.

 

2.Force Majeure. Any delay in the performance of any duties or obligations of either party will not be considered a breach of this Agreement if such delay is caused by a labor dispute, shortage of materials, fire, earthquake, flood, war, terrorism, governmental act, failures of common carriers (including Internet service providers), acts of God, or any other event beyond the control of such party, provided that such party uses reasonable efforts, under the circumstances, to notify the other party of the circumstances causing the delay and to resume performance as soon as possible.

 

3.Release. To the maximum extent permitted by applicable law, you hereby release us, our officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from (i) any interactions with other Users, or (ii) your participation in any of our offline events.

 

4.Survival. The provisions under Sections 2, 4, 3, 6, 7, 8, and 9 will survive expiration or termination of this Agreement for any reason.

 

5.Indemnity. You agree to defend, indemnify, and hold us, our subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Services and arising from your breach of any provision of this Agreement.

 

6.Governing Law and Arbitration. This Agreement shall be governed by the laws of the Republic of Singapore without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. Any claim or dispute in connection with this Agreement shall be resolved in a cost effective manner through binding non-appearance-based arbitration. The arbitration shall be initiated through an established alternative dispute resolution provider mutually agreed upon by the parties. The alternative dispute resolution provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.

 

7.Other. This Agreement constitutes the entire agreement between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect; as used in the Agreement, the word “including? means “including but not limited to?. Please contact us with any questions regarding this Agreement by e-mailing us at: [email protected]

 

8.Copyright/Trademark Information.  Copyright © 2014, jobSenz. All rights reserved. The trademarks, logos and service marks (“Marks?) displayed on the Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Mark.

jobSenz Post a Job – Terms and Conditions

 

Revised: January 1, 2014

 

By posting a job you agree to be governed by these jobSenz Post a Job Terms & Conditions (the “Post a Job Terms?) as well as jobSenz’s Terms of Use Agreement (“Terms of Use?). Your acceptance of these Terms forms a binding contract (the “Agreement?) between you and jobSenz Inc. (“JobSenz?, “Grey Labs Pte Ltd? or “us’) that applies to this transaction. The “Terms? means the Post a Job Terms and the Terms of Use, collectively. “Site? means jobSenz’s website and applications, and the websites of our network partners.

 

PLEASE READ THESE TERMS BEFORE USING THE JOBSENZ PARTNER POST A JOB, OR RELATED SERVICES.

 

1.Payment Terms

 

The fee to post a job listing is due immediately and must be paid by credit card before the job listing will appear on JobSenz.com. Fees are due for each job listing and listings may not be for more than one job. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods.

 

2.Posting

 

You may post job listings for yourself, your employer or any entity for which you have authority to post job listings. The use of bots or automated means to post, edit or view job listings is prohibited without jobSenz's consent. Your jobSenz account email and/or the email at which you'll receive applicant information, must contain the domain of the employer or entity for which you are posting the job listing. jobSenz is merely a platform and does not provide any content. You accept all liability for the content you post in job listings. The listing will be visible on jobSenz.com for the period stated on the order receipt. To make changes to your job listings, please contact us at [email protected] Job postings are non transferable.

 

3.Posting Content

 

You may not post any job listing that:

  • Does not correspond to a legitimate intent to hire for a specific live job opening;
  •  

  • Does not comply with California laws or the applicable laws or regulations of the state and country where the job is to be performed, including laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use and intellectual property;
  •  

  • Solicits employees by intentional misrepresentation, such as, misrepresentation of the terms of employment, the hiring entity, or the identity of the poster;
  •  

  • Requires an application fee or up-front or periodic payments; requires recruitments of others; resembles a multi-level marketing scheme, franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement; or only pays commissions (except where the listing makes clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling);
  •  

  • Involves any screening requirement where such screening requirement is not an actual and legal requirement of the advertised position;
  •  

  • Contains any logo or brands, or link to website, other than your own or those of any entity for which you are authorized to submit job postings;
  •  

  • Contains or relates to material which is false, misleading defamatory, offensive, obscene, or in any way violates jobSenz’s Terms of Use.

 

If we, in our sole discretion, determine that a posting violates the Terms, we will remove the posting and you will not receive a refund. We reserve the right to reject or remove postings that we consider not in the best interest of jobSenz.

 

4.Ownership

 

You grant jobSenz a non-exclusive, royalty-free, perpetual and irrevocable right to use, reproduce and distribute job listings. You also grant jobSenz a non-exclusive, royalty free, perpetual and irrevocable right to use the name and trademark of your organization as a poster of job opportunities on jobSenz.

 

5.Limitation of Liability

 

jobSenz does not guarantee the results or distribution of any job listings and will not be liable to you for any amount exceeding the amount your paid for the listing. jobSenz will not be liable for any damages that result to you or applicants from any job postings made on jobSenz. You release jobSenz from any claims made by any applicant or third party as a result of your job posting.

 

6.Termination

 

Job listings expire automatically on the expiration date. jobSenz reserves all rights to remove any posting at any time, with or without cause. Job listings removed for cause or for breach of JobSenz's User Agreement will not be eligible for a refund.

 

7.No Endorsement

 

jobSenz Post a Job Content and related services may not be used in any manner that would constitute an endorsement (whether expressed or implied) of any products, services, activities or brands contained on your website, devices or platform. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by jobSenz.

 

8.Trademarks and Copyright

 

jobSenz retains all ownership and other rights to the jobSenz logos, trademarks or similar materials. All other trademarks appearing in the Post a Job Content or related Services are the property of their respective owners. All content of the jobSenz website are: © 2014 JobSenz. All rights reserved.

 

9.Indemnification

 

You agree to defend, indemnify, and hold us, our subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or (i) arising out of your use of the jobSenz Post a Job or related Services; (ii) arising from your breach of any provisions herein; or (iii) as a result of your violation of any law or the rights of a third party.

 

10.Term and Termination

 

This Agreement shall remain in full force and effect while you are using jobSenz Post a Job or until terminated by either party. These Post a Job Terms terminate automatically if (i) you violate any terms hereof; (ii) jobSenz publicly posts a written notice of termination on jobSenz's website; or (iii) jobSenz sends a written notice of termination (including by email message) to you directly. The provisions of these Terms which by their nature would apply after the termination shall survive termination.

 

11.Modification

 

This Agreement may be modified by us from time to time. jobSenz reserves the right to change these Post a Job Terms and you are responsible for regularly reviewing these terms. Your continued use of jobSenz Post a Job or related Services after the effective date of such changes will mean you accept those changes.

 

12.Entire Agreement

 

This Agreement constitutes the entire agreement between you and us with respect to the subject matter hereof and supersede all prior or contemporaneous understanding, agreements or arrangements between the parties, written or oral concerning its subject matter. Each of the parties acknowledges that it has not relied on any statement made by the other in the course of entering into this Agreement. Any failure to exercise or enforce any right or provision of the Agreement shall not operate as a waiver of such right or provision. The section titles in these Post a Job Terms are for convenience only and have no legal or contractual effect. As used in the Agreement, the word “including? means “including but not limited to?. If for any reason a court of competent jurisdiction finds any provision or portion of these Post a Job Terms of Use to be unenforceable, the remainder of these Post a Job Terms of Use will continue in full force and effect.

 

13.Enforcement

 

This Agreement shall be governed by the laws of the Republic of Singapore without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.

 

14.Contact

 

In the event you receive any inquiries or questions which relate to jobSenz Post a Job, Post a Job Content or Services, contact us promptly with such questions at: [email protected]