1. Definitions

    1.1. Company: Shall refer to Netlife e-Solutions (P) Ltd. and / or any of its subsidiaries.

    1.2. Advertiser: Shall refer to the registered company or party contracting for the advertisement of an employment            position on the Company’s website and to the Jobsmany.com registered user database.

    1.3. Service: Shall include any service provided by the Company including:

• the provision of online recruitment advertising;
• the provision of online resume search access;
• matching of job specifications with our candidate profiles and advising them of the position availability through job alert emails;
• providing the Advertiser with any other ancillary recruitment services including Short listing Candidates, Interviewing, Job banners, design and posting support services in accordance with the terms and conditions hereunder.

2. The Company shall:

2.1. Comply with all applicable laws and regulations with respect to the provision of the Service.

2.2. Make every effort to publish advertisements on the website in the shortest possible time. For advertisements posted directly by the Advertiser, this will generally occur within one business day. The Company is not liable for any loss or damage incurred by the Advertiser as a result of any failure or delay in publishing an advertisement.

2.3. Make every effort to avoid errors in advertisements. However, the Company accepts no responsibility or liability for any errors and requires that the Advertiser check their advertisements for errors as soon as they are placed. Any errors may be edited within one business day from notice by the Advertiser.

2.4. Undertake its best efforts to make the Service available for access throughout the day. The Company shall not be liable for any interruption of Service although it may undertake remedial efforts to re-publish an advertisement when appropriate.

3. The Advertiser shall:

3.1. At all times, it is the responsibility of the Advertiser to ensure they comply with all applicable laws and regulations.

3.2. Comply with all notices, instructions and communication given or sent by the Company with regards to the use of the Service.

3.3. Warrant that all advertisements of jobs made through the Company are for permanent or temporary employment positions for which the Advertiser has permission to recruit.

3.4. Shall not disclose confidential information obtained through the use of the Service to any third party.

3.5. Shall not use the information obtained as a result of the use of the Service for any purpose whatsoever other than for the purpose of employment and Career Development

3.6. Warrant that information obtained as a result of the use of the Service will not be used for solicitation to the applicant for purchase of products / services, compilation of database information for any unauthorized use or sale, disclosure to any third party, contact with the user for any purpose other than potential employment, or any other purpose which is not consistent with the Company's privacy policy and these terms of use.

3.7. Shall not use the Service to redirect user traffic and/or user resumes to the Advertiser's own website or any other third party website.

3.8. Properly provide and maintain as accurate, complete and current all data required to register the Advertiser with the Company.

3.9. Not infringe on the intellectual property rights of any person or company including the Company or download and copy information obtained through use of the Service with the intention to do so.

3.10. Not allow or transfer to any third party the right to access the Service under their account without the prior written approval of the Company.

3.11. Be solely responsible for maintaining the security of any user ID’s and / or passwords provided to them to access the Service.

3.12. Not use the system for any unlawful purpose including, but not limited to, the introduction or transmission of any data containing a virus, worm Trojan horses or other harmful code.

3.13. Agree to defend, indemnify and hold harmless the Company from and against any claims, actions or demand, alleging or resulting from your use of the Service or your breach of the terms of use.

4. Payment of Fees

4.1. All amounts owed to the Company must be paid within the specified payment terms from the date of the invoice. The Company may charge interest on any late payment.

4.2. Prices for Services may vary at any time without notice. Advertisers shall not be entitled for any rebate or discount on previously agreed contracts / sales orders as a result of changes to the Jobsmany.com standard or package rates.

4.3. Advertiser shall be liable for full payment of Service fees from the commencement of the contract / sales order. Payment must be made notwithstanding any errors or omissions in the advertisement.

4.4. All prices quoted are exclusive of any applicable taxes unless specifically noted otherwise.

5. Suspension

5.1. Without prejudice to any other rights, the Company reserves the right to suspend access to any and all aspects of its Service in the event of non-payment of fees in full in compliance with the stipulated payment terms.

5.2. Without prejudice to any other rights, the Company reserves the right to suspend access to any and all aspects of its Service without refund in the event of non-compliance by the Advertiser with these Terms of Use.

6. Disclaimers

6.1. The Company shall not be liable for any loss of information howsoever caused whether as a result of any interruption, suspension or termination of the Service or for the contents, accuracy or quality of information available or transmitted through the Service.

6.2. The Company makes no representations and warranties of any kind, whether expressed or implied, for the Services and in relation to the accuracy or quality of any information transmitted or obtained through the Service. To the fullest extent permitted by law, the Company disclaims any representation or warranty, whether express or implied, as to the title, fitness for a particular purpose, merchantability, accuracy or standard of quality of the Services and/or any database content (whether maintained by the Company or otherwise), and no warranty whatsoever is given that the Service will be uninterrupted or error free, or in relation to the database content obtained or to be obtained from or through use of the Company and/or the Services unless otherwise specifically mentioned in this agreement.

6.3. The Company shall not be liable for any loss or damages sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the Advertiser's account and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed nor does it endorse any opinion expressed by any other Advertiser.

6.4. The Company does not warrant that Jobsmany.com or any of the web sites linked to Jobsmany.com will be free of any operational errors nor that it will be free of any virus, worm, or other harmful component.

6.5. The Advertiser acknowledges that it is not the Company’s policy to exercise editorial control over and to edit or amend any data or contents of any emails or posting or any information that may be inserted or made available or transmitted to a third party in or through the Service.

7. Aggregate Liability

7.1. In any circumstances or events where it is held that the Company is responsible for any lost profits, lost savings, damage, cost or expense of any kind whatsoever and howsoever caused whether arising under contract or tort, including negligence, or otherwise including without limitation loss of or corruption to data, loss of production, loss of contracts, loss of operation time, and loss of goodwill or anticipated savings or other special, direct or indirect, punitive, consequential or incidental damages arising out of or relating to this agreement or any product or service furnished or to be furnished under this agreement or the use thereof, the Company's total cumulative liability to the Advertiser or any other person or third party shall be limited to the amount of the price actually paid by the Advertiser.

8. Use of Data

The Advertiser hereby agrees and irrevocably authorises the Company to:

8.1. use any data and information supplied by the Advertiser for the Company's own internal and marketing purposes, to its supplying such data and information to any other associated companies or selected third parties to use for such purposes, and to its supplying such data and information to such third parties as may be necessary for the operation of the Company.

8.2. allow all data and information supplied by the Advertiser in using the Service to remain at the Company for the use of the Company, notwithstanding the termination or suspension of the Service to the Advertiser herein.

9. Indemnity

9.1. The Advertiser shall indemnify and hold the Company harmless at all times against all actions, proceedings, costs, claims, expenses, demands, liabilities, losses and damages whatsoever including without limitation for defamation, infringement of intellectual property rights, death, bodily injury, property damage or pecuniary losses howsoever arising which the Company may sustain, incur, suffer or pay arising out of or in connection with the use of the Service by the Advertiser.

10. Termination

10.1. This Agreement and any other agreement of a similar nature may be terminated, at any time, by the Company by prior written notice to the Advertiser if it is found that the Advertiser uses this service in any way or manner that may affect, limit or compromise the interest or business of the Company. No refund, compensation or consideration will be awarded to the Advertiser in the occurrence of such event.

11. Privacy

11.1. The Company has a principal concern in the responsible use of information that users and advertisers share and disclose to us. The Company’s commitment towards guaranteed confidentiality and privacy at all times is clearly articulated in our Privacy Policy. Advertisers who use the Company’s Service must agree to comply where applicable to the same standard of protection of confidential information.

12. Variation

12.1. The Company reserves the right to amend the terms and conditions contained herein at any time without notice to the Advertiser.

12.2. For the avoidance of doubt, the Advertiser's continued use of the Service following the amendments constitutes an affirmation and acknowledgement of the amended terms and conditions and also constitute an agreement by the Advertiser to abide and continue to be bound by the terms and conditions herein as amended or varied.

13. Governing Law

13.1. This agreement is governed by the laws of India and Advertisers hereby submit to the jurisdiction of the courts of India.

14. Jobsmany.com Advertisement Policy

Jobsmany.com's operations are guided by best practices and procedures to ensure that jobseekers are fully aware of all material information on positions posted on the Jobsmany.com website. This is to enable jobseekers to make an informed choice about whether or not to apply. In line with these best practices, Jobsmany.com has implemented the following guidelines:

14.1. Jobsmany.com does not accept job advertisements that discriminate against race or religious belief (however nationality or specific language requirements are acceptable).

14.2. Jobsmany.com does not accept job advertisements that request applicants to pay placement fees, processing fees or any other fees similar in nature, directly or indirectly, and/or force jobseekers to make purchases from the Advertiser. Should fees be required, verify from an accredited government agency if the company is a licensed recruiter and/or placement agency.

14.3. Jobsmany.com does not accept job advertisements that purportedly promote pyramid selling or similar schemes.

14.4. Jobsmany.com does not accept job advertisements with dubious ethical credentials (e.g. social escorts, etc).

14.5. Jobsmany.com does not accept job advertisements that are untrue or otherwise misleading (e.g. inappropriate use of job title, job descriptions or company description).

14.6. Jobsmany.com does not accept job advertisements that advertise more than 1 job position and/or more than 1 job specialisation in each job posting.

The above-mentioned advisory not withstanding, Jobsmany.com hereby disclaims any liability for any prejudice that may have caused the job seeker.

Jobsmany.com reserves the right to deactivate ads without prior notice and with no refund. Jobsmany.com can make relevant enquiries of Advertisers to satisfy job seekers and itself that job advertisements posted on the website are made in good faith and in compliance with the above guidelines, and deregister Advertisers who do not comply.

15. Jobsmany.com Refund Policy

15.1. A compulsory Ad Preview feature is provided for all Jobsmany.com Classifieds advertisements before payments are made, as such, refunds will be considered at the sole discretion of Jobsmany.com. Please note that an administrative charge of $9.45 per ad will be charged for refund cases.

15.2. All information pertaining to Jobsmany.com's paid Recruitment Services for employers are freely available on the jobsmany.com website. Additionally advertisers (employers) can contact Jobsmany.com’s Account managers before making a purchase. All advertisers are fully advised to make their own informed decision before they purchase any of the Recruitment Services. Refunds will be considered at the sole discretion of Jobsmany.com , should an advertiser decide later to withdraw their purchase.

Sincerely,
The Management Team
Jobsmany.com