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.

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.


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.