PLEASE READ THIS DOCUMENT CAREFULLY

1) INTRODUCTION:

EvermoreJobs (the "Site") and the Licensed Mobile Application for Accessing the Site (including all associated media and online or electronic documentation) ("the Application"), are owned and operated by EVERMORE S Y MANPOWERS AND SECURITIES LLP  ("Company"). The Site and Application are hereinafter collectively referred to as "Platform". For the purposes of the Terms of Use, "You" shall mean the person who is accessing the Platform.

The Company makes available its services and products to you, through the Platform on the condition that you abide by these Terms of Use (hereinafter referred to as "Terms of Use"), as updated from time to time. If you do not accept the Terms of Use or you do not meet or comply with their provisions, you should not use or access the Platform and/or avail of the Company’s services or products via the Platform.

2) PURPOSE:

The Platform is made available for use only by: (a) individuals who are searching for job opportunities and vacancies and/or are interested in availing of other career enhancement services which are provided or might be provided by the Company ("Job Seekers"); and (b) by individuals and/or organizations desirous of making available information pertaining to job vacancies including but not limited to agencies acting for multiple employers / organizations in order to fill the job vacancies available with those employers/organizations(“Recruiters”). Job Seekers and Recruiters as hereinafter collectively referred to as "Users".

The Platform is intended to serve only as a preliminary medium of contact and exchange of information between the Users, 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 ("Purpose").

3) BINDING AGREEMENT:

The Terms of Use constitute a binding legal agreement ("Agreement") between you and the Company. To the extent that you are accessing this Platform in your capacity as a representative of or as an employee of, a Recruiter, you represent and warrant that you are agreeing to these Terms of Use on your own behalf as well as on behalf of the Recruiter and have the authority to bind such Recruiter to this Agreement.

YOUR ACCESS TO OR USE OF THE PLATFORM, ANY PART THEREOF OR USE AND/OR DOWNLOADING OF ANY CONTENT AVAILABLE ON IT, INDICATES YOUR ACCEPTANCE OF THESE TERMS OF USE AND IS CONTINGENT ON YOUR COMPLIANCE WITH THE TERMS OF USE. YOU AGREE TO USE THE PLATFORM OF YOUR OWN FREE WILL AND AT YOUR OWN RISK.

4) ELIGIBILITY:

By using and accessing the platform, you represent and warrant that:

• you are competent to enter into a valid binding contract as per Indian law; and
• you are eligible to conduct the Purpose lawfully.

5) USE OF THE PLATFORM:

The Platform and the services and products offered via the Platform (which includes both paid and free services/ products) are meant for only for legitimate and lawful uses which fall within the scope of the Purpose. The Company has the sole and absolute right to determine whether a specific type of action or use falls within the scope of the Purpose or not.

The following actions will inter alia constitute a misuse of the Platform and are strictly prohibited:

• Copying, extracting, downloading, sharing, modifying, selling, storing, distributing, making derivative works from or otherwise exploiting any content, data, information, including profiles, curriculum vitae, photographs and/or graphics, available on the Platform and/or any services or products of the Company, in any manner or for any purpose which is not, consistent with the Purpose and/or in accordance with the Terms of Use.

Users are expressly prohibited from using or exploiting the Platform and/or any content or data provided therein for:

• any commercial purposes such as creating alternate databases, extending access to the Platform to third parties without prior written consent of the Company; and/or
• undertaking any business activity which is in competition with the business of the Company; and/or
• for seeking fees in any name whatsoever; and/or
• approaching candidates/jobseekers for any purposes other than for specific existing vacancies; and/or
• Sharing access with persons who are not contracted with the Company.
• Reselling the products/services offered by the Company.
• (ii) Using or attempting to use any automated program, software or system or any similar or equivalent process (including spiders, robots, crawlers etc.) to access, navigate, search, copy, monitor, download, scrape, crawl or otherwise extract in any manner, any data or content including but not limited to adding or downloading profiles, contact details, or send or redirect messages from the Platform;
• Gaining or attempting to gain unauthorized access (inter alia by hacking, password “mining” or any other means) to: (a) any portion or feature of the Platform or any of the services or products offered on or through the Platform which are not intended for you; (b) any server, website, program or computer systems of the Company or any other third parties and/or Users;
• Modifying the services provided through the Platform or their appearance using any technology or overlay any additional offering on top of such services or simulate the Platform’s services or its functions in any manner whatsoever without explicit consent obtained in writing by approaching us at legal@infoedgeindia.com.
• Accessing the Platform through interfaces other than those expressly provided by Company;
• Attempting to breach or breaching any security or authentication measures set up by the Company in relation to the Platform and/or attempting to probe, scan or test the vulnerability of the Company’s system or network;
• Scraping, downloading (including bulk- downloading), replicating or otherwise extracting any information or data from the Platform (by any process, whether automatic or manual) to offer any products or services which are similar to or may in any manner compete with the products or services of the Company;
• Reverse engineering, decompiling, disassembling, deciphering or otherwise attempting to do any of the aforesaid or deriving the source code for the Site or Application or any related technology or any part thereof;
• Circumventing or attempting to circumvent any technological protections used or employed by the Company or by any third party in order to protect the content on the Platform and/or to exclude robots, spiders etc. from crawling and /or scraping content from the Platform.
• Bypassing or Circumventing or trying to circumvent any service limits including but not limited to Search limits, Captcha limits and occurrences on different triggers
• Interfering with or disrupting or attempting to interfere with or disrupt (including by using any device, software or routine), the use of the Platform or any computer networks connected to the Platform, by any other User;
• Developing, using or attempting to use any automated program, scripts, robots, third party software or system or any similar or equivalent process (including spiders, robots, crawlers, browser plug-ins/extensions/add-ons, iframes on third party sites, mirroring, HTML parsers etc.) to access, navigate, search, copy, monitor, download, scrape, crawl or otherwise extract or modify in any manner, any data or content from the Platform without explicit consent obtained in writing by approaching us at legal@infoedgeindia.com;
• Impersonating any other person or entity, or making any misrepresentation as to your employment by or affiliation with any person or entity;
• Forging headers or in any manner manipulating identifiers in order to disguise the origin of any user information;
• Stalking, threatening, or in any manner harassing any other User;
• Imposing an unreasonable or disproportionately large load on the Platform infrastructure;
• Engaging in "framing," "mirroring," or otherwise simulating the appearance or function of the Platform (or any part thereof) and providing deeplinks into this Platform (or any part thereof) without prior permission of Company;
• Spamming the Platform/Company or any other Users including by uploading, posting, emailing, SMS, transmitting or otherwise making available either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail.
• Using the Platform or the contact details of Users for transmitting marketing and promotional mailers/ Offensive messages/ messages or communications using any media that are unrelated to recruitment or sending unsolicited commercial communications with misleading subject lines in order to intentionally obfuscate the original message.
• Hosting, modifying, uploading, posting, transmitting, publishing, or distributing any material or information that:
  • Violates any applicable local, provincial, state, national or international law, statute, ordinance, rule or regulation for the time being in force;
  • Belongs to another person and to which you have no right;
  • Infringes, breaches or otherwise contravenes the rights of the Company or any third party, including any copyright, trademark, patent, rights of privacy or publicity or any other proprietary rights;
  • Contains computer viruses, or other computer code, files or programs designed to disrupt, destroy or interfere with or limit the functioning of the Platform, or any other computer system or resource;
  • Is grossly harmful, harassing, invasive of another's privacy, hateful, disparaging, relating to or encouraging money laundering or gambling in any manner, any content which is or may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libelous, blasphemous, vulgar, pornographic, paedophilic, obscene, or racially, ethnically, or otherwise unlawful in any manner whatsoever;
  • Which constitutes or encourages conduct that would constitute a criminal offence, give rise to other liability, or otherwise violate applicable law;
  • That deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  • That harms minors in any way;
  • That threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting to any other nation.

In addition to the above, depending upon the nature / services chosen, certain additional conditions may apply with respect to JOBSEEKER SOLUTIONS and RECRUITMENT SOLUTIONS. By accepting these Terms of Service, Users are providing their consent to receiving communications such as announcements, administrative messages and transactional calls from Job Hai. The Users acknowledge that these additional conditions are also an integral part of these Terms of Use

NOTICE

THE SERVICES PROVIDED BY THE PLATFORM DO NOT EXTEND TO ACTING AS AN
AGENT (EXPRESS OR IMPLIED) OR AS LABOUR CONSULTANTS ON BEHALF OF ANY SUBSCRIBER OR USER.
WE HAVE NO AGENTS AND DO NOT OPERATE THROUGH ANY AGENTS.

In case of any misuse of the Platform the Company reserves its rights to take any actions as it may deem fit, including (i) suspending or terminating your access to the Platform and/or the Company’s products and/or service, forthwith and without any notice; (ii) removing or disabling any content which is non-compliant with the Terms of Use; and/or (iii) reporting the incident/ misuse to relevant authorities and/or initiating any legal proceedings. In case your misuse of the Platform results in or is likely to result in any loss or depletion of revenue, reputation or customer base of the Company, the Company additionally reserves its right to seek adequate relief against the said misuse, including relief by way of damages, injunction, etc.

6) LIMITATIONS ON USE:

You agree to strictly abide by any limitations imposed on usage of the Platform by the Company, including limitations in terms of geography or location (e.g. of access) or quantity (e.g. number of resume accessed or downloaded in a day). Any violation entitles the Company to stop your access or service and initiate action as it may deem fit.

7) ACCURACY AND CORRECTNESS OF USER INFORMATION:

While using, registering on and/or creating a profile on the Platform you undertake to provide only true and correct information and further undertake to, at all times, keep the information up to date. Users are prohibited from impersonating or masquerading as any other person, whether living or dead.

The Company reserves the right to remove/suspend any content or profile which is violative of these Terms of Use including any profile providing false, incorrect, incomplete or outdated information. The Company also reserves the right to terminate any User’s access to the Platform, if he or she fails to furnish accurate or updated contact details.

8) SECURITY OF LOG IN CREDENTIALS:

You are requested not to share passwords to your account(s) on the Platform with any other individual /entity and be responsible in what you post.

If you have registered on the Platform, the safety and security of your log-in credentials (i.e. your account access information and passwords) is your responsibility. You should not share your log-in credentials with any other person. You are fully responsible for all uses of your log-in credentials including all activities that occur under your account through the Platform. The Company, however, undertakes to take all reasonable precautions at its end to ensure that there is no compromise of login credentials provided to you.

You agree to immediately notify the Company of any unauthorized use of your account and/or log-in credentials.

9) LINKS TO THIRD-PARTY SITES:

The Platform may make available links to other websites. When you click on such links, you may leave our Platform. These links are provided solely as convenience to you and the presence of these links shall not under any circumstances be considered as an endorsement of the contents of the same by the Company. The Company is not responsible for the content on such linked third party websites and does not make any representations relating to the content on such websites. If you chose to access these websites you do so at your own risk.

10) DISCLAIMERS:

• THE COMPANY IS AN INTERMEDIARY AS DEFINED UNDER SECTION 2(1)(W) OF THE INFORMATION TECHNOLOGY ACT, 2000.
• The Company shall not be responsible for any content posted by any Users / third parties on the Platform. The Platform primarily serves as a portal for online distribution and publication of information submitted by Users. Although, the Company is not obligated to screen any communications or information posted by Users. Views expressed by the Users are their own and the Company does not endorse the same.

In case any inaccurate or otherwise improper content which does not conform to these Terms of Use is sighted on the Platform, Users are requested to notify the Company of the same using the contract details provided below. If the Company finds such content to be in violation of the Terms of Use, the Company may in its sole discretion take down or request the removal of such content, in accordance with applicable laws.

• Any mention of non-Company products or services is provided on the Platform is for informational purposes only. Nothing on the Platform shall be considered an endorsement, representation or warranty to any User or third party, whether in regards to its web site, products, services, hiring, experience, employment or recruiting practices, or otherwise.
• ALL INFORMATION AVAILABLE ON THE PLATFORM (INCLUDING INFORMATION RELATING TO THE COMPANY, ITS PRODUCTS AND/OR SERVICES) IS PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITES.
• WITHOUT LIMITATION ON THE FOREGOING:
  • THE COMPANY DOES NOT WARRANT THAT THE PLATFORM WILL OPERATE ERROR-FREE OR THAT THE SITE, APPLICATION AND THEIR SERVER(S) ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF PLATFORM RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
  • THE COMPANY MAKES NO REPRESENTATIONS REGARDING THE TRUTHFULNESS, ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY CONTENT POSTED BY USERS, OR OF ANY OTHER FORM OF COMMUNICATION ENGAGED IN BY USERS
  • THE COMPANY MAKES NO REPRESENTATIONS REGARDING THE EFFECTIVENESS OF THE SERVICES OR TIMELINESS OF THE PRODUCTS OR SERVICES OFFERED THROUGH THE PLATFORM. THE COMPANY DOES NOT GUARANTEE THAT THE SERVICES OR PRODUCTS OFFERED THROUGH THE PLATFORM WILL RESULT IN CANDIDATES BEING HIRED AND/OR VACANCIES BEING FILLED, AND IS NOT RESPONSIBLE OR LIABLE FOR ANY BUSINESS, EMPLOYMENT, HIRING AND/OR SALARY DECISIONS, FOR WHATEVER REASON MADE, MADE BY YOU.

11) MAKE YOUR OWN DECISION:

YOU AGREE THAT ANY RELIANCE ON CONTENT OR INFORMATION POSTED ON THE PLATFORM INCLUDING BY OTHER USERS, OR ON ANY OTHER FORM OF COMMUNICATION OR INTERACTION WITH OTHER USERS, WILL BE AT YOUR OWN RISK. USERS ARE REQUESTED TO CONDUCT INDEPENDENT CHECKS BEFORE PROCEEDING WITH ANY TRANSACTION OR EXPLORING ANY EMPLOYMENT OPPORTUNITY, BASED ON THE DATA AVAILABLE ON THE PLATFORM.

THE COMPANY DOES NOT GUARANTEE THE AUTHENTICITY, NATURE AND/OR QUANTUM OF THE RESPONSES TO ANY POST OR APPLICATION UPLOADED BY A USER OR THAT THERE WILL BE ANY RESPONSE AT ALL.

All or any decisions made would be entirely your prerogative and company does not claim to offer any advice, either legal or financial, neither does it provide any guarantees or warranties.

12) LIMITATION OF LIABILITY:

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THE COMPANY PROVIDES NO GUARANTEES OF SERVER UPTIME OR APPLICATIONS WORKING PROPERLY. IN NO EVENT WILL COMPANY'S AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS, INCLUDING UNDER TORT, CONTRACT OR OTHERWISE, EXCEED THE AMOUNT OF FEES PAID BY YOU TO THE COMPANY. THESE LIMITATIONS AND EXCLUSIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

13) PRIVACY:

PLEASE USE THE PRIVACY SETTINGS AVAILABLE ON THE PLATFORM TO PROTECT YOUR INFORMATION.

The Privacy Policy of the Platform explains how we may use your personal data, we will at all times respect and ensure adherence to the privacy policy on a best efforts basis, additionally various settings are provided to help you to be able to control the manner in which others may be able to view your information as chosen by you to be displayed on your profile and the manner in which you may have chosen to be contacted. Any feedback provided by a User shall be deemed as non-confidential to the User.

When You share or upload or store information others may be able to view, copy or download such information.

You give us permission to use the information about actions that you have taken on EvermoreJobs in connection with ads, offers and other sponsored content that we display across our services, without any compensation to you. We use data and information about you to make relevant suggestions and recommendation to you and others.