These Terms and Conditions will be applicable to use of any digital or physical product or services of EMPLOYAM in any manners.
These Terms & Conditions governs your use of the website employam.com, and mobile applications of “EMPLOYAM” and other related digital or physical product or services (hereinafter collectively referred to as “EMPLOYAM”). “EMPLOYAM ”including its , Name & Style, Trademark, intellectual property, brand, business, website, domains, App and other digital or physical product or servicesis operated by the company M/s. Advantage Intellect Private Limiteda company incorporated under the Companies Act, 2013 and having its registered office at B-403/404 Aadinath Palace, near Vasant Valley Complex, Khadakpada, Kalyan- West, District – Thane, Maharashtra State, India- 421301., who is the sole owner and of “EMPLOYAM” and governs these Terms & Conditions. (herein after referred to as “Company”)
This “Terms and Conditions” document constitutes an “Electronic Agreement” between the Company and the User of Company’s Website / Product / Services under the laws applicable to the User. This electronic record is generated by a computer system and does not require any physical or digital signatures. You agree that this electronic Agreement, made on or through the website, entered into a relationship between You and the Company.
If you will be using the Services on behalf of an organization, you agree to these Terms on behalf of that organization and you represent that you have the authority to do so. In such case, “you”, “your”, “customer”,“user” will refer to that organization.
EMPLOYAM is intended only to serve as a preliminary medium of contact and exchange of information for its users / members / visitors who have a bona fide intention to contact and/or be contacted for the purposes related to genuine existing job vacancies and for other career enhancement services. EMPLOYAM is subscribe to or used (whether the same is paid for by you or not) is meant for the Purpose and only the exclusive use of the subscriber/registered user.
The terms “We” / “Us” / “Our” used in these “Terms and Conditions” refer to the “Company”.
The terms “You”/ “Your”/ “Yourself” document in these “Terms and Conditions” refer to the Users of the EMPLOYAM.
The term “Applicable Law” applicable laws, rules, regulations, circulars, orders or other instructions (having force of law) of any government, legal or judicial authority in the territory of the User.
“Affiliate” means any entity which directly or indirectly controls, is controlled by or is under common control with an entity.
“Customer” or “User” or “you” means the customer accepting this Agreement and identified on the cover page of this Agreement.
“Customer Data” means all data (including Personal Data and End User data) that is provided to EMPLOYAM by, or on behalf of, Customer through Customer’s use of the Services, and any data that third parties submit to Customer through the Services.
“End Users” means Customer’s employees, agents, independent contractors, and other individuals authorized by Customer to access and use the Services.
“Intellectual Property Rights” means current and future worldwide rights under patent, copyright, design rights, trademark, trade secrets, domain names and other similar rights, whether registered or unregistered.
“Order Form” means an order form, sales order, purchase order, sales quote, or similar document referencing and made under this Agreement and signed by the parties.
“Personal Data” means information relating to a living individual who is, or can be, reasonably identified from information, either alone or in conjunction with other information (a "Data Subject"), within Customer’s control and which is stored, collected or processed within one of Customer’s EMPLOYAM End User accounts.
Services” means the products and services offered by EMPLOYAM.
Some of our services may also have additional terms that apply. You should read all those applicable terms as well.
“SSTs” means service-specific terms that apply to specific Services located here and that are incorporated into and form a part of this Agreement.
“Content” means notes, messages, emails, billboard postings, photos, drawings, data, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Website.
“EMPLOYAM” means the Name, brand, domain, website, (www.employam.com), mobile applications, content, logos and other digital or physical product or services which represent to EMPLOYAM portfolio of the Company.
2.1 Provision of Services. EMPLOYAM will provide the Services to Customer in accordance with this Agreement, including any Order Forms and any applicable SSTs.
2.2 Membership Eligibility: Use of the EMPLOYAM is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the EMPLOYAM. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the EMPLOYAM website and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. EMPLOYAM reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Company's notice or if it is discovered that you are under the age of 18 years.
2.3 Order Forms. The parties may enter into Order Forms under this Agreement. Customer’s Affiliates may enter into Order Forms under this Agreement. Any such Order Form may be signed by Company or a Company affiliate pursuant to the requirements. Any reference in the Agreement to “Customer” will refer to the Customer entity signing the Order Form and any reference in the Agreement to “Company” will refer to the Company contracting entity signing the Order Form. Each Order Form will incorporate the terms and conditions of this Agreement and will be a separate contract between the entities entering into the Order Form.
2.4 Third-Party Services. If Customer integrates the Services with any non-EMPLOYAM-provided third-party service (such as a third party’s service that uses an application programming interface (API)), Customer acknowledges that such third-party service might access or use Customer Data and Customer permits the third-party service provider to access Customer Data as required for the interoperation of that third- party service with the Services. Customer is solely responsible for the use of such third-party services and any data loss or other losses it may suffer as a result of using any such services.
3 SUBSCRIPTION SERVICES.
3.1 License and Term.
(a) License: Subject to the terms and conditions of this Agreement, Company grants Customer a non-exclusive, non-transferable worldwide right to access and use the EMPLOYAM Services during the subscription term.
(b) Subscription Term. The initial term of each subscription is specified on the Order Form. Subscriptions will automatically renew at the end of each subscription term for additional periods equal to one year, unless either party gives the other written notice of non-renewal at least 30 days before the end of the then-current subscription term.
(c) Subscription Units Added Mid-subscription. An Order Form may be used to add more subscription units (e.g. seats or packages) to a subscription during a subscription term. The per unit pricing for those additional subscription units will be as specified on the Order Form of the underlying subscription (or, absent such specification, at the same per unit pricing as the underlying subscription pricing), prorated for the portion of that subscription term remaining at the time the subscription units are added. Any such additional subscription units will renew or terminate on the same date as the underlying subscription. Subscription units relating to a Service cannot be decreased during a subscription term for that Service.
4. SERVICE FEATURES AND TERMS.
4.1 Resume Display
(a) Company offers neither guarantee nor warranties that there would be a satisfactory response or any response at all once the resume is put on display.
(b) Company neither guarantees nor offers any warranty about the credentials of the prospective employer/organization which down loads the information and uses it to contact the prospective employee / visitor / user / subscriber.
(c ) It shall be the sole prerogative and responsibility of the individual to check the authenticity of all or any response received pursuant to the resume being displayed by Company for going out of station or in station for any job / interview and Company assumes no responsibility in respect thereof.
(d) EMPLOYAMhas the right to make all such modifications/editing of resume in order to fit the resume in its database.
4.2 Recruiter Connection
(a) If the recruiter does not view the message sent to him/her within 15 days, the period being subject to change without prior notice, then the credit would be returned to the jobseeker. Credits will be returned only once.
(b) All the credits are valid for one year from the date of purchase.
(c ) After contacting a recruiter, the jobseeker cannot send a message to the same recruiter for 30 days, the period being subject to change without prior notice.
(d) Using the service, the jobseeker would be able to send a message of maximum 1000 characters along with a subject line of maximum 200 characters, the number of characters being subject to change without prior notice.
(e ) EMPLOYAMoffers neither guarantee nor warranties that there would be a satisfactory response or any response at all once the message is sent to the recruiter.
(f) EMPLOYAMneither guarantees nor offers any warranty about the credentials of the prospective recruiter/organization which sees the message and down loads the information and uses it to contact the prospective employee / visitor / user / subscriber.
(g) It shall be the sole prerogative and responsibility of the individual to check the authenticity of all or any response received pursuant to the connect message for going out of station or in station for any job / interview and EMPLOYAMassumes no responsibility in respect thereof.
4.3 Resume Writing
(a) In case necessary inputs required by us for commencing the services are not received by us within 30 days of the payment, the order shall stand cancelled and the any amounts paid shall be appropriated.
(b) The subscriber shall certify that the information/data supplied by it to Company is accurate and correct.
(c ) The subscriber shall give reasonable time to Company for writing of resumes.
(d) The subscriber must respond to the queries raised (sent by email) by Company within 7 days of such a query being raised failing which, Company shall stand absolved of all its obligation, if any.
(e ) Company offers no guarantee nor warranties that there would be a satisfactory response or any response at all once the resume is written and used by the subscriber to apply for jobs.
(f) The subscription amount once paid for by the subscribers is not refundable and all amount(s) paid on behalf of the subscriber shall stand appropriated.
(g) The liability, if any, of Company is limited to the extent of the amount paid by the subscriber.
4.4 Job Listing
(a) Company shall place the information relating to vacancies on its website or such other mirror or parallel site(s) or in allied publications as Company may deem fit and proper but such additional web hosting shall be without any extra cost to the subscriber / user.
(b) The insertion so displayed shall be for a fixed period (currently 30 days), which period is subject to change without notice. Every instance of refreshing and existing listing entitles you to an additional fixed period (currently 30 days) starting from the date on which the listing is refreshed and shall be counted as fresh posting.
(c ) Company reserves its right to reject any insertion or information/data provided by the subscriber/customer without assigning any reason either before uploading or after uploading the vacancy details, but in such an eventuality, any amount so paid for, may be refunded to the subscriber on a pro-rata basis at the sole discretion of Company.
(d) By posting/uploading a job posting on the website you confirm that you have obtained all licenses/permits as are necessary for recruitment and to indemnify COMPANY against all claims, damages arising out of actions/claims that may be made in relation to the same.
(e ) Company has the right to make all such modifications/editing of the vacancy details in order to fit its database.
(f) The Subscriber/Recruiter will provide up to a maximum of 2 email id's for vacancies posted on EMPLOYAMto collect response(s) if any. The contact information given by the subscriber for all listing should be the same and the subscriber cannot give multiple contact information/data for the purpose of listing.
(g) All information intimated by the subscriber / recruiter and displayed by Company on EMPLOYAMbecomes public knowledge and Company may at its sole discretion include the vacancy intimated by a subscriber for display on EMPLOYAMin any other media including the print media at no extra costs to the subscriber and Company shall not be held liable for usage/publicity of such information.
(h) Company offers no guarantee nor warranties that there would be a satisfactory response or any at all response once the job is put on display.
(i) Company shall in no way be held liable for any information received by the subscriber and it shall be the sole responsibility of the subscriber to check, authenticate and verify the information/response received at its own cost and expense.
(j) The subscriber/Recruiter shall be deemed to give an undertaking to Company that the jobs sought to be advertised are in existence, are genuine and that the subscriber / recruiter has the authority to advertise for such jobs.
(k) The subscriber/Recruiter must give an undertaking to Company that there will be no fee charged from any person who responds to jobs advertised on the EMPLOYAM site for processing of applications / responses from such person.
(l) The subscription/purchase is neither re-saleable nor transferable by the subscriber/customer to any other person, corporate body, firm or individual. Usage from third party premises/networks without prior written permission of COMPANY is not permitted.
(m) The subscriber shall be assigned password (s) by Company to enable the subscriber to post vacancies on the site in agreed upon section(s), but the sole responsibility of the safe custody of the password shall be that of the subscriber and Company shall not be responsible for data loss/theft of data/corruption of data or the wrong usage/misuse of the password and any damage or leak of information and its consequential usage by a third party. Company undertakes to take all reasonable precautions at its end to ensure that there is no leakage/misuse of the password granted to the subscriber.
(n) The User of these services does not claim any copyright or other Intellectual Property Right over the data uploaded by him/her on the website
4.5 Manual Resume Shortlisting
(a) Company offers manual resume shorting services on specific requirements/ positions.
(b) Company agrees to provide the service to the subscriber only for the duration and the number of vacancies contracted for, to the best of its ability and Company shall in no way be held liable for any information received by the subscriber and it shall be the soleresponsibility of the subscriber to check, authenticate and verify the information/response received at its own cost and expense.
(c ) Company will make best efforts to use the parameters provided by the subscriber to short list, but takes no responsibility for the accuracy of the short listing based on the parameters for selection as specified by the subscriber.
4.6 Display of Banners
(a) Company agrees to provide the service to its customers / subscribers only for the duration or the number of impressions contracted for, to the best of its ability.
(b) Company will display the banners on all the relevant/specified sections of the site on a rotation basis
(c ) Company reserves its right to reject any insertion or information/data provided by the subscriber without assigning any reason, but in such an eventuality, any amount so paid for, may be refunded to the subscriber on a pro-rata basis at the sole discretion of Company
(d) Company offers no guarantee nor warranties that there would be a satisfactory response or any response at all once the banners put on display.
(e ) Company shall in no way be held liable for any information received by the customer / subscriber and it shall be the sole responsibility of the subscriber to check, authenticate and verify the information/response received at its own cost and expense.
4.7Quick Hire (SMS Services)
(a) SMS packs once bought will have minimum validity for a period of 3 months but cannot be refunded or exchanged for any other EMPLOYAM products or services.
(b) SMS packs will not be clubbed with any other EMPLOYAM products or services.
(c ) SMS packs can only be used as long as recruiter has a live subscription. In case subscription has expired then recruiter will not be able to send SMS until it is renewed (even if the recruiter has balance smses).
(d) Recruiters can sms only those candidates on that search page that show up post conducting search.
(e ) A minimum of 1000 sms need to be purchased in one go and thereafter in multiples thereof.
(f) Recruiters at all times should try and ensure that smses are being sent to relevant candidates to get maximum response.
(g) Company reserves the right to scan all content being sent out on sms and block smses if necessary if content of the SMS is deemed as spam or any non-recruitment content whatsoever.
(h) Company reserves the right to regulate number of smses sent out to a particular profile on a particular day (this is to safeguard consumer interests in case consumer is getting spammed by some recruiter).
(i) While Company will try its utmost best to try and deliver all SMS sent out, it does not take any responsibility for smses not delivered (which may be on account of phones being out of order, operator network problems, sims not being used anymore etc.). It does take the responsibility of the smses leaving its vendor sms gateway.
(j) Company reserves the right to change, withdraw, terminate the scope and scale of service at any point of time, without any reason whatsoever.
(k) Smses will be sent keeping Telecom regulations in mind.
(l) The service is available across all operators in India only.
4.8 Applications to Job Seekers
(a) This interface shall be exclusively for the purposes of bona fide job applications; usage of the interface in any other fashion is strictly prohibited.
(b) Company neither guarantees nor offers any warranty about the credentials, bonafide status or otherwise of the prospective employer/organization which downloads the resume/ insertion or information/data and uses it to contact the user/ job seekers.
(c ) When you indicate your interest in a Job Listing on EMPLOYAM, you are sending your CV and application information including relevant documents to EMPLOYAM, and you are requesting and authorizing EMPLOYAM to make available such application information to the applicable Employer(s) for such Job Listing(s).
(d) In addition, by using EMPLOYAM, you agree that EMPLOYAM is not responsible for the content of the Employer's application form, messages, screener questions, testing assessments; required documents, or their format or method of delivery.
(e ) EMPLOYAM shall store and process your information regardless of whether a job vacancy has been filled. EMPLOYAM may use your application materials (including public CVs and responses to employer's questions) to determine whether you may be interested in a Job Listing, and EMPLOYAM may reach out to you about such Job Listing.
(f) Uploading of multiple resume by the same candidate using the same or different accounts shall entitle Company to remove the resume without notice to the subscriber.
(g) All changes / modifications made by the user to the data / information shall be effected and will come into operation only after 24-48 hours of such changes / modifications being made.
(h) While you reply on SMS, sent by recruiters, VAS rates as levied by their respective operator would be applicable. For further details please contact your respective mobile operator.
4.9Applicable to Recruiter’s
(b) You shall implement adequate technical and organizational controls to protect the shared personal data obtained from the Company against unauthorised or unlawful processing and against accidental loss, destruction, damage, alteration or disclosure. You agree to provide reasonable assistance as is necessary to facilitate the handling of any Data Security Breach (as relevant under privacy laws applicable) in an expeditious and compliant manner.
(c ) You agree that the responsibility for complying with a data subject /data principal request lies with the Party which holds/processes the Personal Data collected/shared.
(d) You warrant and represent that the institution shall not disclose or transfer Personal Data obtained from the Company to any sub-processors without ensuring that adequate and equivalent safeguards to the Personal Data.
(e ) You shall retain or process shared Personal Data for no longer than is necessary to carry out the agreed purposes.
(f) You shall act as an independent Data Controller in respect of shared personal data obtained from the EMPLOYAM once the data is collected by You and You shall be responsible for its secure use at all times.
4.1 Changes to Service features. Company continually changes and improves the Services. Company reserves its right to change the service features, look, feel, design, prominence, depiction, classification of the job posting section of EMPLOYAM at any time without assigning any reason and without giving any notice.
5 FEES AND PAYMENT.
5.1 Fees. Customer will pay to EMPLOYAM all applicable fees for the services/ Subscription specified in each Order Form. Except as otherwise specified in this Agreement or prohibited by applicable law, payment obligations are non-cancellable, and fees paid are not refundable.
5.2 Subscription. Some of our Services are billed on a subscription basis (we call these “Subscriptions”). This means that you will be billed in advance on a recurring, periodic basis (each period is called a “billing cycle”). Our Subscription is neither re-saleable nor transferable by the subscriber to any other person, corporate body, firm or individual.
Billing cycles are typically monthly or annual, depending on what subscription plan you select when purchasing a Subscription. Your Subscription will automatically renew at the end of each billing cycle unless you cancel auto-renewal through your online account management page, or by contacting our customer support team. While we will be sad to see you go, you may cancel auto-renewal on your Subscription at any time, in which case your Subscription will continue until the end of that billing cycle before terminating. You may cancel auto-renewal on your Subscription immediately after the Subscription starts if you do not want it to renew.
EMPLOYAM may change the fees charged to you for the Services at any time, provided that, for Services billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of your Subscription. EMPLOYAM will provide you with advance notice of any change in fees.
5.1 Fees for Services / Subscription. You agree to pay to EMPLOYAMdecided fees for each Service you purchase or use (including any overage fees), in accordance with the pricing and payment terms presented to you for that Service. Company will commence providing services only upon receipt of amount/charges upfront either from the subscriber or from a third party on behalf of the subscriber.
If you have elected to pay the fees by credit card, you represent and warrant that the credit card information you provide is correct and you will promptly notify Company of any changes to such information. Fees paid by you are non-refundable, except as provided in these Terms or when required by law.
5.2 Invoicing and Payment Terms. Payment terms shall be specified in each Order Form. An invoice will be issued upon execution of the Order Form. Multi-year orders and renewals will be invoiced on an annual basis.
5.3 Taxes. All amounts payable by Customer under this Agreement are exclusive of any applicable taxes, levies, duties, or similar governmental assessments of any nature (including value-added, sales, and use taxes). “Taxes” that may arise in connection with Customer’s purchases under this Agreement. If any such Taxes arise, Customer will pay such Taxes in addition to all other amounts payable under this Agreement, unless Customer provides Company with a valid tax exemption certificate or other documentary proof, issued by an appropriate taxing authority, that no tax should be charged. If Customer is required by law to withhold any Taxes from its payments to Company, Customer must provide Companywith an official tax receipt or other appropriate documentation to support such payments.
5.4 Currency. All monetary amounts in this Agreement are denominated in the currency stated on the Order Form. Fee payments by Customer must be received by Companyin the same currency as such fees were billed.
5.5 Overdue Fees. Companymay charge Customer interest on overdue feesat the rate of 2% per month on the amount overdue. If any amount is overdue by thirty (30) days or more, EMPLOYAM may limit functionality or suspend provision of Services to Customer until such amounts are paid in full.
5.6 Overage Fees. Any overage fees incurred by Customer will be billed in arrears at the rate listed on the Order Form. The additional units will be charged at the per unit pricing for those additional units as specified on the Order Form for the underlying subscription (or, absent such specification, at the same per unit pricing as the underlying subscription pricing), prorated for the portion of that subscription term remaining at the time the subscription units are added.
5.7 User shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made thereunder, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and EMPLOYAM Website.
5.8. Buyer's arrangement with Issuing Bank: All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the user and the respective Issuing Bank and payment instrument issuing company.
All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between user and the respective Issuing Bank.
6 CUSTOMER/USER OBLIGATIONS.
6.1 Customer/User Responsibilities
(a) User Account: You need to create a user account with a secure password to use our Services. Don’t share your to passwords with anyone. You are responsible for anything that happens under your accounts.
(b) Account Security:You are responsible for maintaining the confidentiality of your own passwords and any other credentials used by you to access the Services. You will use reasonable efforts to prevent unauthorized use of the Services and will terminate any unauthorized use of which it becomes aware. You will notify EMPLOYAM promptly if you becomes aware of any unauthorized access to your accounts.
(c) End User Activities. Customer is responsible for ensuring that its End Users comply with this Agreement. Customer is responsible for the acts of its End Users and any activity occurring in its End User accounts.
(d) One Individual per Account. End User accounts and passwords may not be shared and may only be used by one individual per account.All commercial/contractual terms are offered by and agreed to between users of the website alone.
(e.) You are bound with our User Policy. You are not permitted to do any act like reverse engineering our software, hacking, copying, spamming, phishing, hate speech, pornography, bullying, and harassment etcetera.
(f) Minors. Minors are individuals under the age of 18 (or a below age criteria as provided in certain countries and territories). None of the Services are intended for use by Minors. If you are a Minor in your place of residence, you may not use the Services. By using the Services, you represent and warrant that you are not a Minor.
(6.2) User Content. You retain ownership of all of your intellectual property rights in your Content. EMPLOYAM does not claim ownership over any of your Content. These Terms do not grant us any licenses or rights to your Content except for the limited rights needed for us to provide the Services, and as otherwise described in these Terms.
The Services display content provided by others that is not owned by EMPLOYAM. Such content is the sole responsibility of the entity that makes it available. Correspondingly, you are responsible for your own Content and you must ensure that you have all the rights and permissions needed to use that Content in connection with the Services. EMPLOYAM is not responsible for any actions you take with respect to your Content, including sharing it publicly. Under no circumstances will EMPLOYAM be liable for any Content, any other third-party content or materials, or any loss or damage resulting from your use of, or reliance on, such Content or other third-party content or materials. Please do not use content from the Services unless you have first obtained the permission of its owner, or are otherwise authorized by law to do so.
(6.3) Limited License to Your Content.You grant EMPLOYAM a worldwide, royalty free license (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to your information to use, reproduce, distribute, modify, adapt, create derivative works, make publicly available, and otherwise exploit your Content, but only for the limited purposes of providing the Services to you and as otherwise permitted by the EMPLOYAM privacy policies. This license for such limited purposes continues even after you stop using our Services, with respect to aggregate and de-identified data derived from your Content and any residual backup copies of your Content made in the ordinary course of EMPLOYAM’s business. This license also extends to any trusted third parties we work with to the extent necessary to provide the Services to you. However, EMPLOYAM otherwise has no obligation to monitor or review any content submitted by you.
(6.4) Representations and Warranties. You represent and warrant that: (a) you own or control the appropriate rights in and to your Content, including any intellectual property owned by third parties; and (b) you will not submit, upload, or otherwise make available via the Services, any Content or materials that (i) you do not have the rights necessary to use, transmit, publish, or to grant us the license as described herein; or (ii) infringe, misappropriate, or otherwise violate any intellectual property, publicity or other rights of any third party.
(6.5) Third Party Resources.EMPLOYAM may publish links in its Services to internet websites maintained by third parties. EMPLOYAM does not represent that it has reviewed such third party websites and is not responsible for them or any content appearing on them. Trademarks displayed in conjunction with the Services are the property of their respective owners.
(6.6) Copyright/ Trademark Restrictions. All content included on EMPLOYAM website and mobile app, such as text, graphics, logos, button icons, images, video, audio clips and software, is the property of EMPLOYAM or its content suppliers and is protected by all U.S. and international copyright laws. The collection, arrangement and assembly of all content on this site is the exclusive property of the Company and is also protected by all U.S. and international copyright laws. Any reproduction, modification, distribution, transmission, republication, display or performance, of the content on this site is strictly prohibited.
Material on EMPLOYAM website is solely for Your personal, non-commercial use. You may not post, distribute, perform, display, transmit or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright or trademark infringement, please contact to the Company with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or trademark interest; (b) a description of the copyrighted work(s) or trademark(s) that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the website or mobile application; (d) your address, contact number and email; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or trademark owner or authorized to act on the copyright or trademark owner’s behalf.
EMPLOYAM respects the intellectual property of others. In case you feel that your Trademark has been infringed, you can write us to email@example.com
(6.7) Third Party Requests. The parties may from time to time receive a request from a third party for records related to Customer’s use of the Services, including information in a Customer End User account or identifying information about a Customer End User. Third Party Requests include search warrants, subpoenas, and other forms of legal process.
User/Customer is responsible for responding to Third Party Requests via its own access to the information, and will only contact EMPLOYAM if Customer is unable to obtain such information after diligent efforts. If EMPLOYAM receives a valid Third Party Request then, to the extent permitted by law, EMPLOYAM:
(a) may inform the third party issuing such request that it should pursue the request directly with Customer; and
(b) will: (i) promptly notify Customer of the Third Party Request; (ii) cooperate, at Customer’s expense, with Customer’s reasonable requests regarding Customer’s efforts to oppose a Third Party Request; and (iii) after providing Customer with an opportunity to respond to or oppose the Third Party Request, EMPLOYAM may fulfil that request if EMPLOYAM determines that it is required or permitted by law to do so.
6.8 Embankment. User/Customer represents and warrants that it is not barred by any applicable laws from being supplied with the Services. The Services may not be used in any country that is subject to an embargo by the India applicable to the Services. Customer will ensure that: (a) its End Users do not use the Services in violation of any export restriction or embargo by the Government of India; and (b) It does not provide access to a person or entity banned by the Government of India.
6.9 Suspension of Services. We can suspend our services for several reasons: (a) performing scheduled maintenance; (b) you violate our Uses Policy; (c) to prevent material harm to you, our other customers or to EMPLOYAM; (d) no activity for over 12monts; and (e.) if it is required by law.
Companywill use reasonable endeavours to give Customer reasonable advance notice of any limitation or suspension so that Customer can plan around it or address the issue that has prompted Companyto take such actionbut we cannot guarantee this. There may be some situations, such as security emergencies (not limited), where it is not practicable for Companyto give such advance notice.
7 SECURITY AND PRIVACY.
7.1 Security. The security of the data processed by Company is a top priority. Companyhas, considering the state of the art, cost of implementation, the nature, scope, context and purposes of the Services, and the level of risk, implemented appropriate technical and organizational measures to enable a level of security appropriate to the risk of unauthorized or unlawful processing, accidental loss of and/or damage to Customer Data. At reasonable intervals, Companytests and evaluates the effectiveness of these technical and organizational measures for enabling the security of the processing.
While we take sufficient steps to make your personal data secured as much possible, no system or transmission of data over internet or any other public network or any system of data storage can be guaranteed to be fully secured. We cannot guarantee the security of our database, nor can we guarantee that third parties shall not unlawfully intercept or access transmissions or private communications, that information you supply will not be intercepted while being transmitted to us over the Internet. And, of course, any information you include in a posting to the discussion areas is available to anyone with Internet access. Therefore, although we work hard to protect your information, we do not promise, and you should not expect, that your personal information or private communications will always remain private.
7.2 Security Incident. If Companybecomes aware of any unauthorized or unlawful access to, or acquisition, alteration, use, disclosure, or destruction of, Personal Data, Companywill promptly, and in any event, as soon as reasonably practicable, notify Customer without undue delay. Such notification shall not be interpreted or construed as an admission of fault or liability by Company. Companywill also reasonably cooperate with Customer with respect to any investigations relating to a Security Incident with preparing any required notices, and provide any information reasonably requested by Customer in relation to any Security Incident.
7.3 Customer Privacy Obligations. Customer shall ensure and hereby warrants and represents that it is entitled to transfer the Customer Data to Companyso that Companymay on behalf of Customer, lawfully process and transfer the Personal Data in accordance with this Agreement. Customer shall ensure that relevant Data Subjects have been informed of, and have given their consent to, such use, processing, and transfer as required by all applicable data protection legislation.
Information you post on EMPLOYAM sites or applications may be accessed, used, and stored by others around the world, including those in countries that might not have legislation that guarantees adequate protection of personal information as defined by your country of residence. While company takes measures to safeguard your information from unauthorized access or inappropriate use, we does not control these third parties and we are not responsible for their use of information you give to us. Accordingly, you should not post sensitive information or any other information you would not want made public, to any portion of EMPLOYAM site or application.
Further User hereby express that it has no objection upon any call/SMS/Communication by the Company, any third party on its behalf or any other party authorized by the Company, communicating to User with regard to the EMPLOYAM Services or any other services of its agents. Notwithstanding User’s registration with National Do Not Call Registry (In Fully or Partly blocked category under National Customer Preference Register set up under Telecom Regulatory Authority of India), User hereby expresses his interest and accord its willful consent to receive communication (including commercial communication) in relation to EMPLOYAM Services. User further confirms that any communication, as mentioned hereinabove, shall not be construed as Unsolicited Commercial Communication under the TRAI guidelines and User has specifically opted to receive communication in this regard on the telephone number provided by the User.
7.5 Confidentiality.Companywill treat your Content as confidential information and only use and disclose it in accordance with these Terms (including the EMPLOYAM privacy policies). However, your Content is not regarded as confidential information if such Content: (a) is or becomes public (other than through breach of these Terms by EMPLOYAM); (b) was lawfully known to Companybefore receiving it from you; (c) is received by Companyfrom a third party without knowledge of breach of any obligation owed to you; (d) is shared in the context of your account being migrated to an organization’s Enterprise account, if your account is registered using a work email address within that organization; or (e) was independently developed by EMPLOYAM without reference to your Content. Companymay disclose your Content when required by law or legal process, but only after Company, if permitted by law, uses commercially reasonable efforts to notify you to give you the opportunity to challenge the requirement to disclose.
8 INTELLECTUAL PROPERTY.
8.1 Customer/User IP. As between the parties, the Customer retains ownership of all Intellectual Property Rights in the Customer Data. This Agreement does not grant Companyany licenses or rights to the Customer Data except for the following:
(a) Customer/User grants Companyand its affiliates a worldwide, royalty-free, non-exclusive, limited license to use, host, copy, transmit, modify, display, and distribute Customer Data only for the limited purposes of providing the Services to Customer and improving the Services.
(b) If Customer/User provides Companywith feedback about the Services, Companymay use that feedback and incorporate it into its products and services without any obligation to Customer.
8.2 CompanyIP. As between the parties, Companyretains ownership of the Services and all related Intellectual Property Rights. No licenses or rights are granted to Customer by the Company. This Agreement does not grant the User/Customer any right to use Company’s trademarks or other brand elements.
8.3 Customer Lists. Companymay identify Customer by name and logo as a Companycustomer on Company’swebsite or and on other promotional materials. Any goodwill arising from the use of Customer’s name and logo will inure to the benefit of Customer.
While providing the Services to you, we both may need to share information that we do not want anyone else to know about. We both agree to follow these rules.
9.1 Definition. “Confidential Information” means information disclosed by a party (“Discloser”) to the other party (“Recipient”) in connection with the use or provision of the Services that is either marked as confidential or would reasonably be considered as confidential under the circumstances. Customer’s Confidential Information includes Customer Data. Company’s Confidential Information includes the terms of this Agreement and any security information about the Services. Despite the foregoing, Confidential Information does not include information that: (a) is or becomes public through no fault of the Recipient; (b) the Recipient already lawfully knew; (c) was rightfully given to the Recipient by an unaffiliated third party without restriction on disclosure; or (d) was independently developed by the Recipient without reference to the Discloser’s Confidential Information.
9.2 Confidentiality. The Recipient will: (a) protect the Discloser’s Confidential Information using commercially reasonable efforts; (b) use the to the Discloser’s Confidential Information only as permitted by this Agreement, including to exercise the Recipient’s rights and fulfil the Recipient’s obligations under this Agreement; and (c) not disclose the Discloser’s Confidential Information without the Discloser’s prior consent, except to affiliates, contractors, agents, and professional advisors who need to know it and have agreed in writing (or, in the case of professional advisors, are otherwise bound) to keep it confidential on terms comparable to those under this Section. The Recipient may disclose the Discloser’s Confidential Information when and to the extent required by law or legal process, but only after the Recipient, if permitted by law, uses reasonable efforts to notify the other party.
9.3 Return or Destruction of Confidential Information. Upon the termination or expiration of the Agreement and all Order Forms under the Agreement, each party will promptly return to the other party or destroy all Confidential Information of the other party in its possession or control within a reasonable amount of time in accordance with the Recipient’s data destruction practices. (this is not applicable between free user).
10.1 Warranties. Each party represents and warrants that: (a) it has full power and authority to enter into this Agreement; and (b) it will comply with all laws and regulations applicable to its provision or use of the Services.
We make no warranty that: the Services will meet your requirements, the Services will be uninterrupted, timely, secure, or error- free, the results or information that may be obtained from the use of the Services will be accurate or reliable, any errors in the technology will be corrected.
Any material downloaded or otherwise obtained through the use of EMPLOYAMis done at your own discretion and risk and we are not responsible for any damage to your computer system or loss of data or any other losses that results from the download of any such material. To the extent that any part of this section is not consistent with any other part of these terms, then this section will prevail.
10.2 Disclaimers. COMPANY MAKES NO REPRESENTATION OR WARRANTY ABOUT THE SERVICES. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY DISCLAIMS ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
In no event shall Company or any parties, organizations or entities associated with the corporate brand name us or otherwise, mentioned at this Website be liable for any damages whatsoever (including, without limitations, incidental and consequential damages, lost profits, or damage to computer hardware or loss of data information or business interruption) resulting from the use or inability to use the Website and the Website Material, whether based on warranty, contract, tort, or any other legal theory, and whether or not, such organization or entities were advised of the possibility of such damages.
11.1 You agree to indemnify and hold harmless the Company, its owners, licensees, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from and against, any and all suits, actions and proceedings, claims, liabilities, losses, damages, costs and expenses, including reasonable outside attorneys’ fees, arising directly or indirectly in connection with: your violation of any law, regulation or order of any government or judicial authority; or any act, omission, fraud, negligence or default or the breach of any of Your obligations or representations under these Terms and Conditions or any other agreement / policy between You and the Company; or any infringement of any intellectual property rights of the Company or any third-party.
11.2 You will indemnify and hold harmless Company and its Directors, affiliates, officers, agents, and employees from all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim regarding or in connection with your or your end users’ use of the Services or breach of these Terms, to the extent that such liabilities, damages and costs were caused by you or your end users.
11.3 Further, You are agree to indemnify the Company its owners, licensees, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees for all losses incurred by The Company due to any false, distorted, manipulated, defamatory, libelous, vulgar, obscene, fraudulent or misleading facts or otherwise objectionable averments made by the user on the network of The Company.
11.4 Potential Infringement. If Companybelieves the technology used to provide the Services may infringe or may be alleged to infringe a third party’s Intellectual Property Rights, then Companymay: (a) obtain the right for Customer, at Company’s expense, to continue using the Services; (b) provide a non-infringing functionally equivalent replacement; or (c) modify the Services so that they no longer infringe. If Companydoes not believe that the foregoing options are commercially reasonable, then Companymay suspend or terminate Customer’s use of the impacted Services and provide a pro rata refund of any fees prepaid by Customer applicable to the period following the termination of such Services.
12. DISCLAIMERS AND LIMITATIONS OF LIABILITY
12.1. Disclaimers.While it is in Company’s interest to provide you with a great experience when using the EMPLOYAM there are certain things we do not promise about them. We try to keep EMPLOYAM services up, but they may be unavailable from time to time for various reasons. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ANY GUIDANCE OR RECOMMENDATIONS THEREIN ARE PROVIDED “AS IS” AND COMPANY DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REPRESENTATIONS REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF THE SERVICES.
Company does not make any representation or Warranty as to specifics (such as quality, value, saleability, etc.) of the services proposed to be sold or offered to be sold or purchased on the Website of the third party. The Companyaccepts no liability for any errors or omissions, whether on behalf of itself or third parties. The Company shall not be liable for any errors or delays in the content or information obtained through the Services, or for any actions taken in reliance thereon.
12.2. Exclusion of Certain Liability.TO THE EXTENT PERMITTED BY APPLICABLE LAW, COMPANY, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR (A) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, OR (B) LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF EMPLOYAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
12.3. Limited time to bring your claim. You and the Company agree that any cause of action arising out of or related to use of the EMPLOYAM must commence within one (1) year after the cause of action accrues otherwise, such cause of action will be permanently barred.
12.4 Limitation of Liability. Without prejudice to the generality of the foregoing, in case the Company is held to be liable to for any damages under Applicable Law, then the liability of the Company will be limited to fees or other consideration paid by the Customer/User for availing the Services from the Company.
12.5 Violations of these terms and conditions. Company may disclose any information Company has about you (including your identity) if Company determines that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Services, or to identify, contact, or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Company rights or property, or the rights or property of visitors to or users of the Services, including company’s customers. Company reserves the right at all times to disclose any information that Company deems necessary to comply with any applicable law, regulation, legal process or governmental request. Company also may disclose your information when Company determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
If Company does take any legal action against you as a result of your violation of these Terms and Conditions, Company will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to the Company. Alliance.
In case of any non-compliance or violation of these Terms and Conditions, the Company has reserve the right to terminate Services of the User/Customer of EMPLOYAMand remove any and all non-compliant information from the Website immediately. You agree that Company will not be liable to you or to any third party for termination of your access to the Services as a result of any violation of these Terms and Conditions.
13 TERM AND TERMINATION.
Either of us may terminate this agreement for any reason 30 days after one of us tells the other in writing.
13.1 Term of Agreement. The term of this Agreement starts on the Effective Date and shall remain in effect until your use of EMPLOYAM. In case of paid services either party terminates this agreements upon 30 days’ written notice to the other party.
If either of us commits a serious violation of this contract and does not fix it within 30 days, the innocent party may terminate this Agreement and all Order Forms.
13.2 Termination for Cause. A party may terminate this Agreement (including all related Order Forms):
(a) upon 30 days’ written notice to the other party of a material breach if such breach remains uncured at the expiration of such period; or
(b) if the other party ceases its business operations or becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, administration, liquidation, or assignment for the benefit of creditors.
If there are any Order Forms still in effect, then this Agreement won’t terminate until all Order Forms have expired or been terminated.
13.3 Consequences of Termination of Agreement. If this Agreement terminates, any Order Forms in effect will remain in effect in accordance with their terms (including the terms of this Agreement that are incorporated by reference), but no new Order Forms may be entered into under this Agreement.
13.4 If an Order Form is terminated for convenience by Customer, Customer will remain liable to pay the full subscription fee, unbilled and unpaid fees outstanding on the effective date of termination of that Order Form. Companywill invoice, and Customer will pay.
13.5 Survival. Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Services.
14.1 Modification. Company reserve the right, at Our sole discretion, to change, modify, add or remove portions of these “Terms and Conditions”, at any time without any prior written notice to You. It is Your responsibility to review these Terms and Conditions periodically for updates / changes. For certain changes, We may be required under Applicable Law to give You advance notice of any change(s) to the Terms and Conditions. Your continued use of the Website following the posting of changes will mean that You aware, accept and agree to all changes or modifications.
Neither of us can transfer these obligations to someone else without the other party’s writing permission. However, if we get acquired or sell this business, we can transfer these terms or our obligations under these terms without your permission.
14.2 Assignment. This Agreement may not be assigned or otherwise transferred by either party in whole or in part without the express prior written consent of the other party; provided, however, that the sale of substantially all of the assets of a party (or any of its subsidiaries) or its acquisition by or merger into another company, shall not be deemed an assignment of this Agreement by such party. This Agreement shall benefit and be binding upon the successors and assigns of the parties hereto.
14.3 Counterparts. This Agreement may be signed in any number of counterparts, each of which will be deemed to be an original and all of which taken together will comprise a single instrument.
14.5 Force Majeure. Neither Company nor Customer will be liable for any delay, inadequate performance or failure to perform any obligations under this Agreement (except for a failure to pay fees) to the extent caused by a condition (including, but not limited to, natural disaster, act of war or terrorism, earthquake, pandemic or health crisis, riot, lockouts, governmental order, action or inaction, denial of service attack or utility or internet service provider failure, cyber-attack, delay or disturbance) that was beyond the party’s reasonable control.
14.6 Independent Contractors. The relationship between Companyand User/Customeris that of independent contractors, and not legal partners, employees, joint ventures, or agents of each other.
(A) Notices to Company. Notices to Company must be sent to Company at B-403/404 Aadinath Palace, near Vasant Valley Complex, Khadakpada, Kalyan- West, District – Thane, Maharashtra State, India- 421301. marked to the attention of the Legal Department, with a copy to firstname.lastname@example.org. Except as otherwise set forth herein, any Legal Notice to the Company must be sent by courier or registered postal mail with acknowledge requested to the address specified in this Agreement.
Email is sufficient for providing nonlegal communications to Company (which will be without prejudice and will not be valid as a record or proof for any legal proceedings.) Customer may grant approvals, permission, extensions, and consents by email.
(B) Notices to Customer. Notices to Customer may be sent to the email address associated with Customer’s designated primary administrator for the relevant Service (“Primary Admin”). Billing- related notices (including notices of overdue payments) may be sent to the relevant billing contact designated by Customer. If Customer has provided contact details for legal notices on the cover page of this Agreement, any Non-Routine Legal Notices will be provided to such contact instead, with a copy to the email address associated with Customer’s Primary Admin.
(C) Keep Contact Details Current. You are responsible to keep your contact details associated with your user accounts and billing contacts current and accurate and notify Companyin writing of any changes to such details.
14.9 Precedence. If any conflict exists among the following documents, the order of precedence will be: (1) the applicable Order Form, (2) this Agreement, and (3) the applicable SSTs.
14.10 Severability. If any provision of this Agreement is determined to be unenforceable by a court of competent jurisdiction, that provision will be severed, and the remainder of terms & conditions will remain in full effect. The Company will substitute for the invalid or unenforceable provision a valid and legally enforceable provision, which achieves to the greatest extent possible the economic, legal and commercial objectives of the provision, which is invalid or unenforceable.
Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the subscription.
14.11 Third-Party Beneficiaries. There are no third-party beneficiaries to this Agreement. Customer’s End Users are not third-party beneficiaries to Customer’s rights under this Agreement.
14.12 Language. This Agreement is prepared and written in English language and same may be used for Company’s website, Terms and Conditions, Policies, procedures, guidelines, communications, notices etc. Any non-English translations of this Agreement which may be made available are provided for convenience only and are not valid or legally binding.
14.13 Grievance Redressal. Any complaint or concern regarding the EMPLOYAM, reporting any misuse of laws or violation of these terms and conditions may be addressed to the designated Grievance Redressal Officer of the Company.
14.14 No Waiver.
A party’s failure or delay to enforce a provision under these Terms is not a waiver of its right to do so later. No failure or delay by a party in exercising any right, power or remedy shall operate as a waiver thereof, nor shall any single or partial exercise of the same preclude any further exercise thereof or the exercise of any other right, power or remedy.
14.15Arbitrator. If any dispute arises between a Subscriber /User/Customer and The Company arising out by use of EMPLOYAM, in connection with the validity, interpretation, implementation or alleged breach of any provision of these Terms and Conditions, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by the Company. The arbitrator's decision will be final and binding on both parties to the dispute. The place of arbitration will be at Thane, Maharashtra, India only. The Arbitration & Conciliation Act, 1996 as amended, shall govern the arbitration proceedings.
14.16 Governing Law and Jurisdiction. This Agreement (Terms and Conditions), the Services and the relationship between Subscriber/User/Customer and the Company shall be governed in accordance with the Laws of India. The Honourable Court at Thane/Mumbai – Maharashtra only shall have the jurisdiction to entertain and try any claims, dispute and/ or difference arising out of or in connection with the terms of this Agreement.