Acknowledgment and Acceptance
The terms and conditions appearing hereafter comprise the entire
agreement between the User (as defined below) and Right Personnel
(as defined below) and supersede all prior agreements between
the parties regarding the subject matter contained herein. By
completing the registration process and/or clicking the “I
accept” button, you are indicating your agreement to be
bound by all of the terms and conditions of the Service Provider
as appearing below.
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Definitions
In
this Agreement the following expressions shall have the following
meanings defined below: "Agreement”
Is defined as the completed application form and its attachment(s)
and the terms and conditions herein and is deemed to have been
executed at Calicut. “Service
Provider” is defined as Right Personnel, having
its office at Darussalam Complex, Mavoor Road, Calicut- 673 004
along with its unit for the website Right Personnel.Com. Right
Personnel.com” Is defined as the Internet web site
of the Service Provider at www.right personnel.com ”User"
Is defined as an individual or corporate subscriber for the Services
and the signatory, whose particulars are contained in the application
form and includes his successors and permitted assignees.
“Commencement
Date” Is defined as the date specified by the Service
Provider in its notice to the User either through email and/or
conventional mail indicating the acceptance of the application
by the User to the Service. “Date
of Termination” Is defined as the expiry date of
the notice of termination given under clause 10 below. “Services”
Is defined as the services to be provided by the Service Provider
to the User at right personnel.com including the provision of
facilities for the following:
1. A User who
wishes to post resume or curriculum vitae for the purpose of seeking
employment 2. A User who wishes
to secure recruitment through right personnel.com and its Internet
links. 3. A User who wishes to
insert advertisements at rightpersonnel.com. 4.
User who wishes to receive advertisements and promotional messages
on www.right personnel.com and through emails.
“Services
Guide”Is defined as the information and description of the
Services for the User from time to time provided by the Service
Provider in writing or contained within rightpersonnel.com.
“Registration
Data”Is defined as all particulars and information of the
User requested on initial application and subscription, including
but without limiting to the User’s name, mailing address,
email address, account and telephone number. Words
mentioned as singular shall also include the plural and words
importing one gender shall also include the other. |
Commencement of Service The
Service shall commence on the date of registration.. |
Fees The
fees for the Services shall be at the applicable rate indicated
in the Services Guide or such other rates as may be prescribed
by the Service Provider from time to time. (“Subscription
Fees”). Liability
for the Subscription Fees shall accrue from the Commencement Date.
This clause shall not be applicable for individual Users who access
or make postings of information at right personnel.com for the
purpose of seeking employment. Payment
Where
Subscription Fees are payable, it shall be payable at or within
such time as is stated in the invoice(s) issued by the Service
Provider to the User. The
User, who is liable to pay Subscription Fees, shall pay the Subscription
Fees on demand even if the User disputes the same for any reason.
In the event that the Service Provider deciding the dispute in
the User’s favor, the Service Provider shall refund to the
User any excess amount paid by the User free of interest.
In
the event of late payment by the User of any sums due under this
Agreement, the Service Provider shall have the right to charge
interests on the outstanding amount from the due date until the
date of full payment. |
Responsibilities of the user The
User is solely responsible for the accuracy of the Registration
Data given to the Service Provider on initial application for
the Service.
On
registration, the jobseeker allow/agree to make his/her resume
searchable to paying clients of rightpersonnel who subscribe
resume database access. Job seekers may be contacted by subscribers
of resume database access via email, telephone and/or by post.
We recommend that they read this clause carefully and rightpersonnel
will not be held responsible for contacts/mails received by
jobseekers
The
User is responsible for the set-up or configuration of his equipment
for access to the Service.
The
User is solely responsible for obtaining, at his own cost, all
licenses, permits, consents, approvals and intellectual property
or other rights as may be required for using the Service.
The
User will comply with all notices or instructions given by the
Service Provider from time to time in respect of the use of
the Service.
The
User shall be solely responsible for all information retrieved,
stored and transmitted through the Service by him.
The
User is solely responsible for the maintenance of confidentiality
of the User’s password and user identification and all
activities and transmission performed by the User through his
user identification.
The
User will immediately notify the Service Provider of any un-authorized
use of the User’s account or any other breach of security
known to the User.
The
User shall agree where Subscription Fees are payable, to pay
the same promptly as required by the Service Provider from time
to time.
User
will not to allow any person other than the authorized person(s)
named in the application form to use the Service.
The
User shall not share the Service with any person without the
prior written approval of the Service Provider and shall use
the Service only for the purpose for which is subscribed.
The
User will comply with all applicable laws (and shall not contravene
any applicable law) of India relating to the Services, including
any regulation made pursuant thereto.
The
User shall not use the Service for any unlawful purpose including
criminal purposes.
The
User shall not use the Service to send or receive any message,
which is offensive on moral, religious, racial or political
grounds or of an abusive, indecent, obscene, defamatory or menacing
nature.
The
User shall be prohibited in persistently sending messages or
make postings on Rightpersonnel.com to any other User or third
party who access right personnel.com without reasonable cause
or for causing any threat, harassment, annoyance, inconvenience
or anxiety to any person.
The
User is prohibited to introduce, post or transmit any information
or software, which contains a virus, worm or other harmful component
into the internet or right personnel.com network system.
The
User will not infringe on any intellectual property rights of
any person or retain information in any computer system or otherwise
with an intention to do so.
The
User shall not print, download, duplicate or otherwise copy,
delete, vary or amend or use any data or personal information
posted by any User on right personnel.com except such data and
information which is posted by the particular User himself.
The
User shall not violate, or attempt to violate the security of
Rightpersonnel.com and/or any web sites linked to Rightpersonnel.com
or gain un-authorized access any information regarded as private
by other Users or persons, including but without limitation
to accessing data and information not intended for them or logging
onto a server or account which the User is not authorized to
access, attempting to probe, scan or test the vulnerability
of a system or network or attempting to breach security or authentication.
In the event that the User breaches any of the above mentioned
covenants, and the Service Provider becomes aware of such violation,
the Service Provider shall have the right to delete any material
relating to the violations without prior notice to the User.
The Service Provider shall issue a warning to the User to discontinue
any activity, which leads to the said violations, and in the
event the User continues with such activity, the Service Provider
has the unilateral right to suspend or deactivate the User’s
access to Rightpersonnel.com the Service and/or any other related
facility. In addition to the right to indemnity available to
the Service Provider, the Service Provider shall have the right
to any legal remedy, against the User to recover the loss suffered
by the Service Provider and the harm caused to the reputation
of the Service Provider, due to such violation by the User.
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Security and other features
The
User will take all such measures as may be necessary (including
without limitation changing his password from time to time) to
protect the secrecy of his user Identification and/or password
and shall not reveal the same to any other person(s). Where
a user identification is necessary to access the Service; the
User shall use only his own user Identification. The
User acquires no rights to any mailbox number, the user identification,
circuit reference and any codes assigned to him by the Service
Provider and except as otherwise proved herein, the Service Provider
reserves the right to change or re-assign the same to the User
at its sole discretion without being liable to the User in damages
or otherwise. In
the event of theft or loss of user identification, password or
security word, the User must notify the Service Provider immediately
by telephone and concurrently provide the Service Provider with
a written notice to that effect. The User shall remain liable
for use of the Services by any third party until such theft or
loss is notified to the Service Provider. The
password and username being made available to the customer shall
be used only by the organization named by the customer and the
employee of the organization. Subscriber will take all necessary
pre-cautions to prevent un-authorized access or leakage of username
and password being used by the subscriber. The
user shall not use any software to automatically download or extract
either a complete or partial resume (of other members) from Rightpersonnel
database without prior consent from Rightpersonnel in writing.
It
is advisable that the user keeps a printout of the latest copy
of the details that he has uploaded with Rightpersonnel.
Maintenance of Service The
Service Provider may at any time deactivate or suspend the User’s
access to Rightpersonnel.com and/or the Services (as the case
may be) without notice to carry out system maintenance, upgrading,
testing, repairs and other related work. Without prejudice to
the other provisions of this Agreement, the Service Provider shall
not be liable for any loss and damage, costs and expense that
the User may suffer or incur, and no fees or charges payable by
the User to the Service Provider shall be deducted, refunded or
rebated, as a result of such deactivation or suspension.
Termination of Service The
Service Provider may in its sole discretion waive or accept in
writing a shorter period of notice from the User than that referred
in point 1 of this clause 10.1. Notwithstanding
point 1 of this clause, the Service Provider may terminate this
Agreement with immediate effect, without prior notice to the User
and without further prejudice to all other rights. (a)
if in the opinion of the Service Provider, the User has breached
any of the terms or conditions of this agreement. (b)
if, in the opinion of the Service Provider or any regulatory authority,
it is not in the public interest to continue providing the Service
to the User for any reason. (c)
if the User is declared a bankrupt or the User enters into any
compromise or arrangement with its creditors. Liabilities
for Subscription Fees upon termination In
the event of termination of this Agreement pursuant to clause
10.1, without prejudice to any other remedies available to the
Service Provider, where Subscription Fees are payable, the User
shall be liable for Subscription Fees until the Date of Termination.
The
above amounts payable by the User upon termination shall be payable
within 30 days of the relevant Date of Termination. Suspension
of Service
Without
prejudice to any other rights or remedies of the Service Provider,
the Service Provider may suspend the Service provided by the Service
Provider in the event that any amount payable by the User are
not paid. Upon
suspension, the Service shall be deemed to be terminated from
the date stipulated by the Service Provider and the User shall
be liable for all charges and fees incurred up that date.
Upon
subsequent payment by the User of such sums as demanded by the
Service Provider, the Service Provider may at its sole discretion
and subject to such terms as it deems proper, reconnect the Service.
Use of Data The User hereby agrees and irrevocably
authorizes the Service Provider to:
Use
any data and information supplied by the User in connection
with this Agreement for the Service Provider’s own purpose,
to the Service Provider supplying such data and information
to any other associated companies or selected third parties.
Allow
all data and information supplied by the User in using the Service
to remain at Rightpersonnel.com for the use of the Service Provider
in accordance with service agreement with the user, notwithstanding
the termination or suspension of the Service to the User herein.
Unless the User informs the Service Provider to delete all such
data and information following the termination or suspension
of the Service to the User, such data and information remain
in the Service Provider’s property, records and databases.
Indemnity
The
User agree to indemnify and hold harmless the Service Provider,
its officers, directors, employees and agents from and against
any claims actions, demands, liabilities, losses or damages
whatsoever arising from or resulting from their use of Rightpersonnel.com
or their breach of the terms of this agreement.
Confidentiality
Both
parties hereby agree not to divulge nor communicate to any person
(other than those whose province it is to know the same) nor
use or exploit for any purpose whatsoever (other than that contemplated
in this Agreement) any confidential information which may or
may have come to his knowledge by reason of or in connection
with this Agreement. Both parties hereby agree also agree that
they shall use all reasonable efforts to prevent their employees,
officers, agents and consultants from so acting, except where
the prior written consent of the other party is obtained or
where required to be disclosed pursuant to any applicable law
or legal process issued by any court or the rules of any relevant
regulatory body.
The
Service Provider maintains a policy of strict confidentiality
of all data and information submitted by the User and the Service
Provider shall not, save as provided for under clause 14 herein,
release such data and information to any persons without the
prior consent of the User.
The
User is entitled to access to his own data and information stored
in the database at Rightpersonnel.com (subject to prior confirmation
of identity) and may edit or amend such data and information
at any time.
Users
need to be aware that when they voluntarily reveal identification
oriented information (name, e-mail address) in chat and bulletin
board areas, such information may be collected by a third party
resulting in unsolicited messages from third parties. Such interaction
is beyond the control and liability of Rightpersonnel.com.
The
copyright, know how or any other related intellectual property
to the Service or Rightpersonnel.com shall be the sole and exclusive
property of the Service Provider. In the event the User has
contributed any content to Rightpersonnel.com in any manner
whatsoever, the intellectual property of the same shall stand
automatically assigned to the Service Provider and the User
shall have no right or claim over the same. In the event the
User during the term of his agreement or any time thereafter,
uses such intellectual property in any other website or related
activity, the same can be construed to be an infringement of
the intellectual property belonging to the Service Provider
and the Service Provider shall have the right to legal recourse
in this regard.
Variation
The
Service Provider reserves the right to amend the terms and conditions
contained herein and in the Services Guide at any time upon
notice (in such form as may be determined by the Service Provider)
to the User.
The
Terms and Conditions of this agreement will be updated from
time to time and posted at rightpersonnel.com. The User should
visit the site periodically to review the Terms and Conditions.
For the avoidance of doubt, the User's continued use of the
Service constitutes an affirmation and acknowledgement of the
amended terms and conditions.
Modification to Service
The
Service Provider reserves the right to modify or discontinue
the Service with or without notice to the User. Save for paid
service, a pro-rated refund shall be effected for the remaining
unused period.
The
Service Provider shall not be liable to the User or any third
party should the Service Provider exercise its right to modify
or discontinue the Service.
Governing Law and Jurisdiction
This
Agreement and any dispute or matter arising from incidental
use rightpersonnel.com is governed by the laws of India and
the User and the Service Provider hereby submit to the exclusive
jurisdiction of the courts at Calicut. |
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