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The following Terms and
Conditions (the �Agreement�) govern your use of the Web Site and any
services contained within the Site. These Terms and Conditions include our
Privacy Policy and Supplemental Terms and Conditions that will govern your
use of specific services. By using this Site, you agree to these Terms and
Conditions. In addition, you agree to the applicable Supplemental Terms by
using any Additional Service available from this Site.
1. Scope of
This Agreement
1.1 For purpose(s) of this
Agreement, a "User" is any person who accesses the Site for whatever
purpose, regardless of whether such User is a registered user or any
legal entity representing such person under actual or apparent
authority.
1.2 By accessing or using the
Site, you hereby agree to accept the terms and conditions set forth in
this Agreement as a User. You shall be bound by the terms and conditions
of this Agreement with respect to your access or use of this Site and
any further upgrade, modification, addition or change to this Site. If
you do not accept all of the terms and conditions of this Agreement,
please do not use this Site.
1.3 NaukriJunction may amend this
Agreement at any time by posting the amended and restated Agreement on
the Site. The amended and restated Agreement shall be effective
immediately upon posting. Your continued use of the Site shall be deemed
to be acceptance of the amended terms. This Agreement may not otherwise
be modified, except in writing by an authorized officer of NaukriJunction .
2.
Services
2.1 Access to the Site and
certain of its features are provided to all Users free of charge.
However, NaukriJunction reserves the right, without prior notice, to
restrict access to certain areas or features of the Site to paying Users
or Users who undergo a specific registration process. Access to and use
of these Services are governed by additional terms and conditions under
separate agreements in addition to this Agreement.
2.2 NaukriJunction reserves the
right to limit, deny or create different access to the Site and its
features with respect to different Users, or to change any of the
features or introduce new features without prior notice. Each User
acknowledges that inability to use the Site wholly or partially for
whatever reason may have adverse effects on its business. Each User
hereby agrees that in no event shall NaukriJunction be liable to the
User or any third parties for any inability to use the Site (whether due
to disruption, limited access, changes to or termination of any features
on the Site or otherwise), any delays, errors or omissions with respect
to any communications or transmission, or any damage (direct, indirect,
consequential or otherwise) arising from the use of or inability to use
the Site or any of its features.
2.3 NaukriJunction reserves the
right to deny its Services to any User for whatever reason in order to
protect NaukriJunction � interests.
3.
Membership
3.1 Each User who has filled out
an on-line registration form on the Site by giving its information (such
as name, address, telephone and fax number, email address, details of
its business, etc.) is a registered user of NaukriJunction (a
"Registered User"). NaukriJunction will establish an account ("Account")
for each Registered User and each Registered User Is assigned a user
alias ("User ID") and password ("Password") for log-in access to its own
Account.
3.2 If the Registered User is a
business entity, you represent that (a) you have the authority to bind
the entity to this Agreement; (b) the address you use when registering
is the principal place of business of such business entity; and (c) all
other information submitted to NaukriJunction during the registration
process is true, accurate, current and complete.
3.3 By becoming a Registered
User, you consent to the inclusion of your personal data in our Database
and authorize NaukriJunction to share such information with other Users.
3.4 NaukriJunction may suspend or
terminate a Registered User's Account or Email Account at any time by
giving no less than 24-hour notice to the Registered User; provided,
however, that notice is not required for such termination if (a) in NaukriJunction ' determination, there is any breach of the provisions of
this Agreement by the Registered User; or (b) NaukriJunction has
reasonable grounds to suspect that such information provided by a
Registered User is untrue, inaccurate or is not current or complete, or
(c) NaukriJunction believes that the Registered User's actions may cause
financial loss or legal liability to such Registered User, NaukriJunction ' other Users, or NaukriJunction or its affiliates.
3.5 The Registered User shall not
use the Account for junk mail, chain letters or spamming or the
transmission of any unlawful, harassing, libelous, abusive, threatening,
harmful, vulgar, obscene or otherwise objectionable material of any kind
or nature. Further, the Registered User shall not use the Account to
publish, distribute, transmit or circulate any unsolicited advertising
or promotional information or any content that is obscene, indecent,
seditious, offensive, defamatory, threatening, or which incites or
results in causing racial hatred, discrimination, menace or breach of
confidence.
3.6 Notwithstanding Section 3.1
above, NaukriJunction may refuse registration and deny the issuance of
an Account and associated User ID and Password to any User for whatever
reason.
4. User
Conduct
4.1 Users may use this Site
solely for their own personal or internal purposes. Each User agrees
that it shall not copy, reproduce or download any information, text,
images, video clips, directories, files, databases or listings available
on or through the Site (the "Content") for the purpose of re-selling or
re-distributing the Content, mass mailing (via emails, wireless text
messages, physical mail or otherwise), operating a business that
competes with NaukriJunction , or otherwise commercially exploiting the
Content. Systematic retrieval of Content from this Site to create or
compile, directly or indirectly, a collection, compilation, database or
directory (whether through robots, spiders, automatic devices or manual
processes) without written permission from NaukriJunction is prohibited.
In addition, use of the content or materials for any purpose not
expressly permitted in this Agreement is prohibited.
4.2 Some of the Content displayed
on this Site is provided or posted by third parties. Neither NaukriJunction nor any of our affiliates, directors, officers or
employees has entered into any sales agency relationship with such third
party by virtue of NaukriJunction ' display of the Third Party Content
on the Site. Any Third Party Content is the sole responsibility of the
party who provided the content. NaukriJunction is not responsible for
the accuracy, propriety, lawfulness or truthfulness of any Third Party
Content, and shall not be liable to any User in connection with such
User's reliance of such Third Party Content. In addition, NaukriJunction is not responsible for the conduct of any User's
activities on the Site, and shall not be liable to any person in
connection with any damage suffered by any person as a result of such
User's conduct.
4.3 NaukriJunction may allow
Users access to content, products or services offered by third parties
through hyperlinks (in the form of word link, banners, channels or
otherwise) to such third party's web site. You are cautioned to read
such sites' terms and conditions and/or privacy policies before using
such sites in order to be aware of the terms and conditions of your use
of such sites. User acknowledges that NaukriJunction has no control over
such third party's web site, does not monitor such sites, and NaukriJunction shall not be responsible or liable to anyone for such web
site, or any content, products or services made available on such web
site.
4.4 Messages or information sent
by a User through communication systems provided by the Site, or through
emails, fax or letters to addressees obtained from the Site, shall not
contain any of the materials described in the provisions of Section 4.5
below.
4.5 No User shall undertake any
scheme to undermine the integrity of the computer systems or networks
used by NaukriJunction and/or any other User and no User shall attempt
to gain unauthorized access to such computer systems or networks.
5. Account
Information and Data
5.1 You must be a Registered User
in order to post information on the Site. Your status as a Registered
User is governed by the provisions of Section 3 above.
5.2 No sales agency relationship
is created between any User and NaukriJunction , our affiliates,
directors, officers or employees by virtue of NaukriJunction ' display
of any of the User's information on the Site.
5.3 Each User hereby represents,
warrants and agrees to (a) provide NaukriJunction with true, accurate,
current and complete information to be displayed on the Site and (b)
maintain and promptly amend all information to keep it true, accurate,
current and complete. Each User hereby grants an irrevocable, perpetual,
worldwide and royalty-free, sublicensable (through multiple tiers)
license to NaukriJunction to display and use all information provided by
such User in accordance with the purposes set forth in this Agreement
and to exercise the copyright, publicity, and database rights you have
in such material or information, in any media now known or not currently
known.
5.4 Each User hereby represents,
warrants and agrees that it has obtained all necessary third party
copyright or trademark licenses and permissions and shall be solely
responsible for ensuring that any material or information it posts on
the Site or provides to NaukriJunction or authorizes NaukriJunction to
display, or the products represented thereby, do not violate the
copyright, trademark, trade secret or any other personal or proprietary
rights of any third party, or is posted with the permission of the
owner(s) of such rights.
5.5 Each User hereby represents,
warrants and agrees that information submitted to NaukriJunction for
display on the Site shall not:
a) contain fraudulent
information or make fraudulent offers of services or involve the sale
or attempted sale of services whose sales and/or marketing is
prohibited by applicable law, or otherwise promote other illegal
activities;
b) be part of a scheme to
defraud other Users of the Site or for any other unlawful purpose;
c) relate to sale of
products or services that infringe or otherwise abet or encourage the
infringement or violation of any third party's copyright, patent,
trademarks, trade secret or other proprietary right or rights of
publicity or privacy;
d) violate any applicable
law, statute, ordinance or regulation (including without limitation
those governing export control, consumer protection, unfair
competition, anti-discrimination or false advertising);
e) be defamatory, libelous,
unlawfully threatening or unlawfully harassing;
f) be obscene or contain or
infer any pornography or sex-related merchandising or any other
content or otherwise promotes sexually explicit materials or is
otherwise harmful to minors;
g) promote discrimination
based on race, sex, religion, nationality, disability, sexual
orientation or age;
h) contain any material
that constitutes unauthorized advertising or harassment (including but
not limited to spamming), invades anyone's privacy or encourages
conduct that would constitute a criminal offence, give rise to civil
liability, or otherwise violate any law or regulation;
i) solicit business from
any Users in connection with a commercial activity that competes with NaukriJunction ;
j) contain any computer
viruses or other destructive devices and codes that have the effect of
damaging, interfering with, intercepting or expropriating any software
or hardware system, data or personal information;
k) link directly or
indirectly to or include descriptions of goods or services that are
prohibited under this Agreement; or
l) otherwise create any
liability for NaukriJunction or its affiliates.
5.6 NaukriJunction reserves the
right in its sole discretion to remove any material displayed on the
Site which it reasonably believes is unlawful, could subject NaukriJunction to liability, violates this Agreement or is otherwise
found inappropriate in NaukriJunction ' opinion. NaukriJunction reserves
the right to cooperate fully with governmental authorities, private
investigators and/or injured third parties in the investigation of any
suspected criminal or civil wrongdoing. Further, NaukriJunction may
disclose the User's identity and contact information, if requested by a
government or law enforcement body, an injured third party, or as a
result of a subpoena or other legal action, and NaukriJunction shall not
be liable for damages or results thereof and User agrees not to bring
any action or claim against NaukriJunction for such disclosure. In
connection with any of the foregoing, NaukriJunction may suspend or
terminate the Account of any User as NaukriJunction deems appropriate in
its sole discretion.
6.
Transactions between Employers and Service Providers
6.1 Through the Site, NaukriJunction provides an electronic web-based platform for exchanging
information between employers and professionals or providers of products
and services. NaukriJunction does not represent the employer nor the
service provider in specific transactions and does not charge any
commissions from completing any transactions. As a result, NaukriJunction does not control and is not liable to or responsible for
the quality, safety, lawfulness or availability of the products or
services offered on the Site or the ability of the providers to deliver
the said services or the ability of employers to select or pay for the
offered services.
6.2 Users are hereby made aware
that there may be risks of dealing with people acting under false
pretences. NaukriJunction uses several techniques to verify the accuracy
of the information our users provide us when they register on the Site.
However, because user verification on the Internet is difficult, NaukriJunction cannot and does not confirm each User's purported
identity. We encourage you to use the various tools available on the
Site, as well as common sense, to evaluate with whom you are dealing.
6.3 Each User acknowledges that
it is fully assuming the risks of transactions when using the Site to
conduct transactions, such risks shall include, but are not limited to,
misrepresentation of products and services, fraudulent schemes,
unsatisfactory quality, failure to meet specifications, defective
products, delay or default in delivery or payment, cost miscalculations,
breach of warranty, breach of contract and other accidents. Each User
agrees that NaukriJunction shall not be liable or responsible for any
damages that may arise as a result of or in connection with any
transaction risks.
6.4 Users are solely responsible
for all of the terms and conditions of the transactions conducted on,
through or as a result of use of the Site, including, without
limitation, terms regarding payment, returns, warranties, shipping,
insurance, fees, taxes, title, licenses, fines, permits, etc.
6.5 In the event that any User
has a dispute with any party to a transaction, such User agrees to
release and indemnify NaukriJunction (and our agents, affiliates,
directors, officers and employees) from all claims, demands, actions,
proceedings, costs, expenses and damages (including without limitation
any actual, special, incidental or consequential damages) arising out of
or in connection with such transaction.
8. Disclaimer
of Warranties
7.1 THE FEATURES AND SERVICES ON
THE NAUKRIJUNCTIONSITE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS, AND NAUKRIJUNCTIONHEREBY EXPRESSLY DISCLAIMS
ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY,
RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL
SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE
HEREBY EXCLUDED.
7.2 NAUKRIJUNCTIONMAKES
NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY,
CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR
CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITE.
7.3 Any material downloaded or
otherwise obtained through the Site is done at each User's sole
discretion and risk and each User is solely responsible for any damage
to its computer system or loss of data that may result from the download
of any such material. No advice or information, whether oral or written,
obtained by any User from NaukriJunction or through or from the Site
shall create any warranty not expressly stated herein.
8. Limitation
of Liability
8.1 Under no circumstances shall NaukriJunction be held liable for any delay or failure or disruption of
the content or services delivered through the Site resulting directly or
indirectly from acts of nature, forces or causes beyond its reasonable
control, including without limitation, Internet failures, computer,
telecommunications or any other equipment failures, electrical power
failures, strikes, labor disputes, riots, insurrections, civil
disturbances, shortages of labor or materials, fires, flood, storms,
explosions, Acts of God, war, governmental actions, orders of domestic
or foreign courts or tribunals or non-performance of third parties.
8.2 Each User hereby agrees to
indemnify and save NaukriJunction , its affiliates, directors, officers
and employees harmless, from any and all losses, claims, liabilities
(including legal costs on a full indemnity basis) which may arise from
such User's use of the Site (including but not limited to the display of
such User's information on the Site) or from its breach of any of the
terms and conditions of this Agreement. Each User further agrees that NaukriJunction is not responsible and shall have no liability to it, for
any material posted by others, including defamatory, offensive or
illicit material and that the risk of damages from such material rests
entirely with each User. NaukriJunction reserves the right; at it own
expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you shall
cooperate with NaukriJunction in asserting any available defenses.
8.3 NaukriJunction shall not be
liable for any special, direct, indirect, punitive, incidental or
consequential damages or any damages whatsoever (including but not
limited to damages for loss of profits or savings, business
interruption, loss of information), whether in contract, negligence,
tort, strict liability or otherwise or any other damages resulting from
any of the following:
a) the use or the inability
to use the Site;
b) any defect in samples,
data, information or services obtained from a User or a third-party
service provider through the Site;
c) unauthorized access by
third parties to data or private information of any User;
d) statements or conduct of
any User of the Site; or
e) any matters relating to
Services however arising, including negligence.
9.
Proprietary Rights
9.1 NaukriJunction is the sole
owner or lawful licensee of all the rights to the Site and the Content.
The Site and Content embody trade secrets and intellectual property
rights protected under worldwide copyright and other laws. All title,
ownership and intellectual property rights in the Site and Content shall
remain with NaukriJunction , its affiliates or licensors of the Content,
as the case may be. All rights not otherwise claimed under this
Agreement or by NaukriJunction are hereby reserved.
9.2 All icons and logos related
to the Site are registered trademarks or trademarks or service marks of NaukriJunction and are protected under applicable copyright, trademark
and other proprietary rights laws. The unauthorized copying,
modification, use or publication of these marks is strictly prohibited.
10.
General
10.1 This Agreement and the
Privacy Policy constitute the entire agreement between the User and NaukriJunction with respect to access to and use of the Site,
superseding any prior written or oral agreements in relation to the same
subject matter herein.
10.2 NaukriJunction and the User
are independent contractors, and no agency, partnership, joint venture,
employee-employer or franchiser-franchisee relationship is intended or
created by this Agreement.
10.3 If any provision herein is
held to be invalid or unenforceable, such provision shall be struck and
the remaining provisions shall be enforced.
10.4 Headings are for reference
purposes only and in no way define, limit, construe or describe the
scope or extent of such section.
10.5 NaukriJunction ' failure to
enforce any right or failure to act with respect to any breach by a User
under these terms and conditions will not waive that right nor waives NaukriJunction ' right to act with respect with subsequent or similar
breaches.
10.6 NaukriJunction shall have
the right to assign its obligations and duties in this Agreement and in
any agreement relating to Additional Services to any person or
entity.
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