- "User" or "You" means any person who accesses or avails this site of the Company for the purpose of hosting, publishing, sharing, transacting, displaying or uploading information or views, initiating or administering or undergoing assessment & certifications tests, online training programs and includes other persons jointly participating in using the site of the Company. User may be an individual acting independently, or representative of a company or a recruitment agent
- "Company": Is defined as Answerz Digital Pvt. Ltd an existing Company under the Companies Act, 1956 and having its registered office at : Old No.33 New No.61, MGR Road 3rd Floor, Kalakshetra Colony, Chennai - 600 090 and its unit for the Company's website Chehara.com having its at Chennai Branch: 356, 1st Cross Road, Nehru Nagar, Kottivakkam (OMR), Chennai - 600 090.
- "Date of Commencement: Is the date indicating the acceptance of the application by the user of the service. It shall be specified by the company in its notice to the user through either e-mail or conventional mail.
- "Date of Termination": Is the date of expiry mentioned in the notice or/and the letter of termination.
- "Product Catalogue": Contains time-to-time information and description of the Services either provided by the Company in writing or offline or contained in the website Chehara.com.
- "Registration Data": Is the database of all the particulars and information supplied by the User on initial application and subscription, including but without limiting to the User's name, telephone number, mailing address, account and email address.
- Words referring to masculine include the feminine and the singular include the plural and vice versa as the context admits or requires; and Words importing persons includes individuals, bodies corporate and unincorporated.
- "Services": Means the Services to be provided by the Company to the User of Chehara.com and shall include the provision of following facilities:
- Video recruitment services for Corporate or B2B users
- Assessment services for Corporate or B2B users
- Certification services for Corporate or B2B users
- Training services for Corporate or B2B users
- Service to Job Seekers or Applicants wishing to post video resume in response to a job posting or for seeking employment.
- Training & Certification services for Job Seekers or Applicants
- Service to the User who wishes to receive advertisements and promotional messages on www.Chehara.com and through emails.
- "Chehara.com": Is defined as the Internet web site of the Company at www.Chehara.com
- "User": Is either a job seeker or an Employer or Recruitment agency or any other person/entity who avails of any service of the Company whether or not registered onwww.Chehara.com and includes his successors and permitted assignees.
Commencement of Service
- The Service shall be deemed to have commenced on the Date of Commencement.
- Services of Chehara.com are available only to those individuals/organizations that can form legally binding contracts enforceable under applicable law.
Subscription Fees & Payment
- Subscription Fees shall be the rate applicable for the Services provided as mentioned in the Product Catalogue or as may be prescribed by the Company from time to time.
- Payment of the Subscription Fees shall be made 100% in advance before the proposed Date of Commencement and as stated in the invoice(s) raised by the Company on the User.
- Individual Users who access or make postings of information at Chehara.com for the purpose of seeking employment shall be charged subscription charges only for specific services, and as per charges mentioned on the website.
- Chehara.com shall reserve the exclusive right to cancel any content whatsoever from being published or reflected on its website or in any other mode.
Classified Video Job Listing (s):
- Company shall place the information relating to vacancies in the Classified sections on the website chehara.com or other sections 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.
- The insertion so displayed in the classified section of chehara.com shall be for a fixed period (currently 30 days), which period is subject to change without notice.
- The User will provide up to a maximum of 2 email id's for vacancies posted on chehara.com in the Classified section to collect response(s) if any. The contact information given by the User for all listing should be the same and the User cannot give multiple contact information/data for listing.
- The User must give an undertaking to Company that there will be no fee charged from any person who responds to jobs advertised on the classified section of chehara.com for processing of applications / responses from such person.
- The User 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.
- The User can store data at the chehara.com server which shall only be within the range that has been subscribed during the validity period of the subscription. Company will not be responsible for restoring data against subscriptions that have expired or for vacancies that have been removed
- 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
Chehara Recruiter Profile
- The Chehara Recruiter profile may be updated/edited etc. by the User alone. The User shall not upload, post, transmit, publish, or distribute any material or information that is unlawful, or which may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libellous, vulgar, obscene, or racially, ethnically, or otherwise objectionable.
- Uploading of multiple profiles by the same User using the same or different accounts shall entitle Company to remove the profiles without notice to the User.
- Company reserves its right to reject and delete any profile or information/data fed in by the user without assigning any reason.
- 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.
- On registration / signing-up you agree:
- to make your profile / listing available for display in the public domain.
- and understand that when you post a job on Chehara.com or trigger an email to a job seeker, a snapshot of your public profile on Chehara.com may automatically get inserted into the posting/mail (existing or new job listing on Chehara.com).
- that you have the requisite authority to upload the job listings that are posted through the profile created by you on Chehara.com
- and understand that Company may place the information relating to vacancies posted by you through your account in the any of Classified sections on the website chehara.com or such other mirror or parallel site(s) or in allied publications as Company may deem fit and proper.
- Company agrees to provide the service to the User only for the duration contracted for to the best of its ability.
- Company reserves its right to suspend/terminate the services contracted for by the User either prior to or during the contracted period without assigning any reason. In such an eventuality, any amount so paid for by the User for this service, may be refunded by Company to the User at the discretion of Company.
- The User can store data at the chehara.com server which shall only be within the range that has been subscribed during the validity period of the subscription. Company will not be responsible for restoring data against subscriptions that have expired or for vacancies that have been removed
- The User shall be assigned a password (s) by Company to enable the subscriber to access all the information received through the software, but the sole responsibility of the safe custody of the password shall be that of the user 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
Obligation of User/Subscriber
- The accuracy of the Registration Data given to the Company on initial application for the Service shall be the sole responsibility of the User.
- The User confirms that he has obtained all licences and permits which are necessary for posting and uploading a job listing on the company's website. He indemnifies and agrees to keep the company indemnified against all demands, claims and damages which may arise out of the said job posting.
- Any licenses, permits, consents, approvals and intellectual property or other rights as may be required for using the Service shall be obtained by the User at his own cost.
- The User will ensure compliance with all notices or instructions given by the Company from time to time to enable the use of the Service.
- The User understands and agrees that User is responsible for the payment of all applicable taxes and for all costs that are incurred in using the Chehara.com service.
- The User shall be solely responsible for all information retrieved, stored and transmitted through the Service by him.
- The User understands and agrees that he shall at all times comply with the requirements of Information Technology Act 2000 as well as all rules, regulations, guidelines, bye laws and notifications made there under, while accessing or feeding any resume/ insertion or information/data into the computers, computer systems or computer network of the Company. The said User to Chehara.com and/or its affiliated websites does further unequivocally declare that in case he violates any provisions of the Information Technology Act, 2000 and/or rules, regulations, guidelines, byelaws and notifications made there under, he shall alone be responsible for all his acts, deeds and things and that he alone shall be liable for civil and criminal liability there under or under any other law for the time being in force.
- The User hereby expressly agrees that the Company has performed and complied with the requirements of Information Technology Act 2000 as well as all rules, regulations, guidelines, bye-laws and notifications made there under.
- The User shall keep confidential and not disclose to any person the User's password and user identification and all activities and transmission performed by the User through his user identification and shall be solely responsible for carrying out any online or off-line transaction involving credit cards / debit cards or such other forms of instruments or documents for making such transactions and Company assumes no responsibility or liability for their improper use of information relating to such usage of credit cards / debit cards used by the subscriber online / off-line
- The User shall immediately notify the Company of any un-authorized use of the User's account or any other breach of security known to the User. Company shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the user's account and / or information relating to or regarding online transactions using credit cards / debit cards and / or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used whether or not in pursuance of a legal process or otherwise.
- The User shall promptly make the payment to the Company towards the Subscription Fees as and when it becomes payable.
- The User shall be responsible for the set-up or configuration of his equipment for accessing any Service.
- User agrees to allow Chehara.com and employers/recruiters registered online or associated with it to get in touch with him/her from time to time on events, offers, information and promotions regarding jobs and ancillary services through landline, mobile or any other means.
- Chehara.com in its sole discretion shall reserve the right to edit, modify and alter the content. User agrees that such content placed with Chehara.com shall be reflected after 48 hours. The user further agrees to the stipulated 48 hours processing
- The User will indemnify Company for any action or claim committed/made by any third party resulting from any information posted on the site by the user or/and anybody else on his behalf. Company will not be party to any legal proceedings between the User and a party contracted through the site. In case Company is implicated in any legal proceedings, costs will be recovered from the party that names the Company. Company however will abide with any court order served on it through due process.
- All content posted by the User becomes the property of Company. User agrees to grant/assign the royalty free, perpetual right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
- User is restrained from allowing any person other than the authorized person(s) named in the Order form to use the Service
- The User undertakes not to resell or assign his/her rights or obligations under this Terms & Conditions. User also agrees not to make any unauthorized commercial use of the Service.
- The User shall use the Service only for the purpose for which it is subscribed.
- The User shall comply with all applicable laws (and shall not contravene any applicable law) of India relating to the Services, including any regulation made pursuant thereto.
- The User shall not print, download, duplicate or otherwise copy, delete, vary or amend or use any data or personal information posted by any User on Chehara.com except such data and information, which are posted by the particular User himself.
- User is prohibited from uploading multiple resumes of the same User/Individual using same or different accounts. Company reserves the right to remove any or all such resumes without further notice.
- The User shall not share the Service with any person without the prior written approval of the Company.
- The User shall not use the Service for any unlawful purpose including without limitation criminal purposes.
- The Service shall not be used to send or receive any message, which is offensive on moral, religious, racial or political grounds or of an abusive, indecent, obscene, defamatory or menacing nature.
- The User shall be prohibited in persistently sending messages or make postings on Chehara.com to any other User or third party who access Chehara.com without reasonable cause or for causing any threat or/and harassment or/and annoyance or/and anxiety or/and any other inconvenience whatsoever caused to any person.
- The User shall not infringe on any intellectual property rights of any person or/and retain information in any computer system or otherwise with an intention to do so.
- The User shall give out to the company a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable (through multiple tiers) right to exercise all copyright and publicity rights, in any existing or future media, known or unknown, over the material or User Data displayed in your listings. For the purpose of this Agreement, "User Data" shall mean all information (if any) submitted by the User to Chehara.com with the exception of trading data, credit card numbers, checking account numbers, etc. "Individually Identifiable User Data" shall mean that subset of "User Data" which can be reasonably used to identify a specific individual such as their name, address, phone number, etc. The User Data shall be deemed to be the property of Chehara.com. The User shall take all reasonable efforts to ensure that it is accurate and complete and not misleading in any way.
- User agrees not make use of anyone else's Information other than as necessary to complete any Chehara.com transactions in which he is involved.
- The User shall not violate, or attempt to violate the security of Chehara.com and/or any web sites linked to Chehara.com or gain un-authorized access any information regarded as private by other Users or persons, including but without limitation to accessing data and information not intended for them or logging onto a server or account which the User is not authorized to access, attempting to probe, scan or test the vulnerability of a system or network or attempting to breach security or authentication.
- Prohibited Activities:
You agree that You shall not host, display, upload, modify, publish, transmit, update or share any information on the Site, that:
(a) belongs to another person and to which you do not have any right to;
(b) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
(d) harm minors in any way;
(e) infringes any patent, trademark, copyright or other proprietary rights;
(f) violates any law for the time being in force;
(g) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(h) impersonate another person
(i) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(j) threatens the unity, integrity, defence, 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 any other nation
(l) In case of non compliance of the foregoing, the access of such users to the site shall be immediately terminated.
(m) In the event that the User breaches any of the above mentioned covenants, the Company shall have the right to delete any material relating to the violations without prior notice to the User. The Company shall issue a warning to the User to discontinue any activity which leads to the said violations and in the event the User continues with such prohibited activity, the Company reserves the unilateral right to suspend or/and deactivate the User's access to Chehara.com the Service and/or any other related facility and to forfeit any amounts paid by him.. In addition to the right to indemnity available to the Company, the Company shall have the right to any legal remedy, against the User to recover the loss suffered by the Company and the harm caused to the reputation of the Company, due to such violation by the User.
(n) The Users shall avail of the Chehara.com or any other related site for lawful purposes alone. Transmission or/and distribution or/and storage of material or/and conduct in violation of any applicable local or/and state or/and Central or/and foreign law or/and regulation is prohibited. This includes without limitation any unauthorized use of material protected by patent or/and copyright or/and trademark or/and other intellectual property right, material that is obscene or/and defamatory or/and libelous or/and constitutes an illegal threat, or/and violates rights of privacy or publicity, or/and violates export control laws. The User may use the information on our site only to the extent necessary to facilitate Chehara.com related transactions.
(o) The user is hereby prohibited from charging any fee from the candidates whose data is available on Chehara.com for processing job application of such person.
(p) The user/third parties is/are hereby prohibited from making any claim, false representation/assertions such as "Chehara.com is our Labour Consultant".
(q) The Chehara.com strongly opposes SPAM, which floods the Internet with unwanted and unsolicited email and deteriorates the performance and availability of the Chehara.com service. All forms of SPAM, or any other activities that have the effect of facilitating SPAM, are strictly prohibited.
(r) Chehara.com also prohibits the use of another Internet service to send or post SPAM to drive visitors to your site hosted on or through Chehara.com systems, whether or not the messages were originated by you, under your direction, or by or under the direction of a related or unrelated third party. Following is an illustrative (not exhaustive) list of the kinds of messages which can be classified as spam:
- Unsolicited Bulk Messages/Unsolicited Commercial Communications.
- Voice Calls/SMS to telephone numbers registered on the National Consumer Preference Register.
- Non Job related mails.
- Messages with misleading subject lines.
- Blank Messages.
- Extra ordinary High Number of mails.
- Mails soliciting payments.
- Misleading/Fraudulent mails.
Users agree to indemnify and hold harmless Company from any damages or claims arising out of usage of their Chehara.com accounts for transmitting spam
To seek more information and to report Spam. Please mail us at: email@example.com
Confidentiality and Security
- To protect the secrecy of his user Identification and/or password the User shall take all such measures as may be necessary (including but without limiting to changing his password from time to time) and shall not reveal the same to any other person(s).
- Since a user identification is necessary to access the Service; the User shall use only his own user Identification.
- It is agreed by the User that he acquires no rights to any mailbox number or/and the user identification or/and circuit reference or/and any codes assigned to him by the Company. The User further agrees that except as otherwise proved herein, the Company reserves the right to change or/and re-assign the same to the User at its sole discretion without being liable to the User for any kind of damages or/and relief or/and any other consequence/s.
- In the event of theft or/and loss of user identification or/and password or/and security word, the User shall notify the Company immediately by telephone or/and personally concurrently provide the Company with a written notice to that effect. The User shall remain liable for use of the Services by any third party until such theft or loss is notified to the Company.
- The password and username being made available to the customer shall be used only by the organization named by the customer and the employee of the organization. The User shall take all necessary pre-cautions to prevent un-authorized access or/and leakage of username or/and password being provided by the Company to him.
- The user shall not use any software to automatically download or/and extract either a complete or/and partial resume from Chehara database without prior consent from Chehara in writing.
- The Company may at its sole discretion and without assigning any reason whatsoever at any time deactivate or/and suspend the User's access to Chehara.com and/or the Services (as the case may be) without notice to carry out system maintenance or/and upgrading or/and testing or/and repairs or/and other related work. Without prejudice to any other provisions of this Agreement, the Company shall not be liable for any loss or/and damage or/and costs or/and expense that the User may suffer or incur, and no fees or/and charges payable by the User to the Company shall be deducted or refunded or rebated, as a result of such deactivation or/and suspension.
- Company may terminate this Agreement with immediate effect, without prior notice and without assigning any reason/s whatsoever and without any prejudice to any/all other rights in the following events:
- On completion of the term / package for which the user engages the services of the Company.
- If in the opinion of the Company, the User has breached any of the terms and conditions of this agreement or/and the Order form signed by him.
- If, in the opinion of the Company or/and any regulatory authority, it is not in the public interest to continue providing the Service to the User for any reason and /or
- If the User is declared a bankrupt or/and the User enters into any compromise or arrangement with its creditors.
- On writing and on such terms as agreed to by the parties mutually in writing.
Liabilities upon termination
- If the Agreement is terminated pursuant to clauses set out in X above, without prejudice to any other remedies available to the Company, the User shall forfeit their Subscription Fees paid until the Date of Termination.
- The amounts due and payable to the Company by the User upon termination shall be paid within 30 days of the relevant Date of Termination.
Suspension of Service
- If any monies payable by the User to the Company are not paid on the due date, the Company may without prejudice to any other rights or remedies that may be available to it suspend the Service provided to the User.
- When the Service subscribed for is suspended for any reason whatsoever the User shall continue to be liable for all charges and fee notwithstanding such suspension.
- Upon subsequent payment by the User of such monies as demanded by the Company, the Company may at its discretion and subject to such terms as it deems proper, reconnect the Service.
Violations of Terms & Conditions
- If Chehara.com, in its sole discretion, determines that a violation of the Terms & Conditions has occurred, Chehara.com may pursue any of its legal remedies, including but not limited to the immediate deletion of any offending material from its site or/and cancellation of User's account and/or the exclusion of any person(s) who may have violated any Terms & Conditions. Chehara.com could also pursue violators with claims that they have violated various criminal and/or civil law provisions as applicable under the relevant Acts/Rules. Chehara.com will cooperate with any investigation by any Central or/and State or/and local body or/and any court or/and tribunal having the competence to carry out the same. Such cooperation may be without notice to the User. If Chehara.com believes in its sole discretion that any advertisement or/and services may create liability for Chehara.com, Chehara.com may take any actions that it believes are prudent or necessary to minimize or/and eliminate its potential liability, including but not limited to, the release of User information. In sum, Chehara.com reserves the right to refuse service to anyone at any time, or/and to remove any listings or/and any advertisements for any reason, and without notice.
- The User shall agree that use of the service is at the user's sole risk. The service is provided on an "as is" or/and on an "as available" basis. Chehara.com expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
- The User agrees that all jobs advertised are genuine and in existence as on the date of posting.
- The User will not have the right to demand any information regarding the organization/Consultants to whom the resume has been sent.
- Company neither offers any guarantee nor warranties that there would be a satisfactory response or any response once the resume is uploaded on Chehara.com or once the resume is sent to consultants.
- The Company/Chehara.com /Affiliate websites make no warranty that the Service shall meet user's requirements, that the service shall be uninterrupted or/and timely or/and secure or/and error free; nor does Chehara.com make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained from the service nor does it warrant that it will be free of any virus, computer contaminant, worm, or other harmful components. . Cancellations and alterations shall be effected only on the receipt of application regarding the same in writing.
- There are no express representations and warranties, whether express or implied, made by the Company regarding the accuracy and/or quality of any information transmitted and/or obtained through the use of the Services or Timesjob.com.
- The Company shall not be liable for any disclosure of information concerning the User's account and/or particulars nor for any error and/or omissions and/or inaccuracy with regard to information so disclosed. In addition, the Company shall further not be liable for any loss or damages sustained by reason of such disclosure, whether intentionally or inadvertently.
- In case the there is any loss of information, caused due to any reason, whether as a result of any disruption of service, suspension and/or termination of the service, the Company shall not be liable in any way for the same. Further the Company is not responsible for the accuracy, quality and/or contents of any information available, received and/or transmitted by any means using its services.
- All information are accepted in good faith and Chehara.com accept no responsibility whatsoever regarding the bonafide of the user, nor can any interviews be granted or/and correspondence entered into regarding any information published.
- The User shall ensure that while using the Service, all prevailing and applicable laws, rules and regulations, directly or indirectly for the use of systems, service or equipment shall at all times, be strictly complied with by the User and the Company shall not be liable in any manner whatsoever for default of any nature regarding the same, by the User.
- The Company does not warrant that Chehara.com or any of the web sites linked to Chehara.com be free of any operational hazards or errors nor that it will be free of any virus or/and worm or/and any other harmful components.
- It is not the Company's policy to exercise any kind of supervisory or editorial control over and/or edit and/or amend any data and/or contents of any e-mails and/or posting of any information that that may be inserted or/and made available or transmitted to a third party in or through Chehara.com and the User acknowledges the same. The User acknowledges and agrees that the Company has absolute discretion to refuse and/or suspend or/and terminate and/or delete and/or amend any artwork, materials and/or information or/and content of any data and/or information or/and posting so as, in the sole opinion of the Company, to comply with the prevailing legal framework and/or moral obligations as placed on the Company and in order to avoid infringing any third party's rights and/or any other rules and/or standards and/or codes of practices that may be applicable to the posting or Chehara.com and/or the internet.
- Chehara.com is not involved in any transaction between any parties who uses our site. There are risks, which the User assumes when dealing with people who might be acting under false pretences and the same shall be borne by the User. The Company is a venue only and do not screen or/and censor or/and otherwise control the listings offered to other Users, nor does Chehara.com screen or/and censor or/and otherwise control the Users of its service. Chehara.com cannot and does not control the behaviour of the participants on this site. We cannot control whether or not Users of Chehara.com will complete the transactions they describe on our site. It is extremely important that the user takes care throughout his dealings with other people on this site. Chehara.com does not accept or/and assume responsibility for the content or/and context of the user comment areas and will not remove or/and edit postings to the public comments areas once they are entered into the service, except to expire records or in its sole discretion.
- The services provided by the Company and referred to herein does not create any agency relationship whether expressed or implied between the user and the Company.
- If there is any dispute between the Users/participants on this site, it is agreed upon by the Users/participants that Chehara.com has no obligation whatsoever to be involved in any such dispute/s. In the event that the user has a dispute with one or more User/s or/and participant/s, the User hereby undertakes not to make any claims or/and demands or/and damages (actual or/and consequential) of every kind or/and nature or/and known or/and unknown or/and suspected or/and unsuspected or/and disclosed or/and undisclosed, arising out of or/and in any way related to such disputes and/or our service against the Chehara.com or/and their officers or/and employees or/and agents or/and successors.
- The User understands and agrees that any information or/and material and/or goods or/and services obtained through the service is done at user's own discretion and risk and that user shall be solely responsible for any damage/s or/and cost or/and any other consequence/s resulting from any transaction.
- No advice or/and information, whether oral or/and written, obtained by the User from Chehara.com or/and through or/and from the service shall create any warranty not expressly stated herein.
- The Company's total liability under this Agreement in any circumstance shall be limited to the total amount of fees or/and charges paid by the User to the Company for the period immediately preceding two (2) months prior to the incident giving rise to the relevant claim.
- The Company expressly puts all its Users on Notice that links to third party websites on Chehara.com do not confer any responsibility/liability or obligation on the Company and are hereby expressly excluded.
- Advertisements on Chehara.com shall be subject to such terms and conditions as the Company determines from time to time. Responsibility for ensuring that the advertisement material submitted for inclusion on Chehara.com complies with applicable National and International laws and is exclusively and without exception on the advertiser. The company shall not be responsible for any omission, commission, or inaccuracy in the said material. However, the Company hereby reserves the right to delete, suspend, or make any change to any such advertisement material.
Limitation of Liability
- User agrees that neither Chehara.com nor any of its providers of information shall be liable for any direct or/and indirect or/and incidental or/and special or/and consequential or/and exemplary damages, resulting from the use or/and the inability to use the service or/and for cost of procurement of substitute goods or/and services or resulting from any goods or/and data or/and information or/and services purchased or/and obtained or/and messages received or/and transactions entered into through or/and from the service or/and resulting from unauthorized access to or/and alteration of user's transmissions or/and data or/and arising from any other matter relating to the service, including but not limited to,damages for loss of profits or/and use or/and data or other intangible, even if Chehara.com has been advised of the possibility of such damages. User further agrees that Chehara.com shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to direct or/and indirect or/and incidental or/and special consequential or/and exemplary damages, whether such interruption or/and suspension or/and termination was justified or not, negligent or intentional, inadvertent or advertent. User agrees that Chehara.com shall not be responsible or liable to user, or anyone, for the statements or conduct of any third party of the service. In sum, in no event shall Chehara.com 's total liability to the User for all damages or/and losses or/and causes of action exceed the amount paid by the User to Chehara.com, if any, that is related to the cause of action.
- The Company takes no responsibility/liability whatsoever for shortage or non fulfillment of the service/s on Chehara.com or any other related site due to or arising out of technical failure or/and malfunctioning or/and otherwise and the User hereby undertakes that in such situation/s, the User shall not claim any right/damages/ relief, etc against the Company for "Deficiency of service" under The Consumer Protection Act or any other Act/Rules, etc.
Use of Information/data supplied
- The User hereby agrees and irrevocably authorizes that the Company has the right to:
- Make the user's Video Resume available for viewing by paying clients of the Company, who may contact the same through any available mode.
- Use for the company's own purpose, any data or/and information supplied by the User in connection with this Agreement, and/or pass on such information to any other associated companies or selected third parties.
- Retain all data or/and information supplied by the User while using the Service to remain at Chehara.com for the exclusive use of the Company in accordance with service agreement with the user, notwithstanding any termination of the Agreement or suspension of the Service to the User herein. Anything contrary to the above, unless specifically put down in writing, following the termination or suspension of the Service to the User, all such data and information shall remain in the Company's property, records and databases as the exclusive property of the Company, for all times to come.
- Either by itself or through its' associate business partners, employers, or recruiters registered online or associated with it to contact him/her from time to time on events, offers, information and promotions regarding jobs and other value added and ancillary services through landline, mobile or any other means of communications to the mobile number entered by the User, irrespective of whether the same is on the Do Not Call (DNC) list or National customer Preference Register (NCPR) or any other such data base. User acknowledges that any communication through landline, mobile or any other means from the company or its' associate business partners/employers/recruiters shall not be treated as an unsolicited communication.
- User will defend and/ or at its option settle any third party lawsuit or proceeding brought against the Company based upon or otherwise any claim arising from the fact that the User Content, Site and/or User features infringe any copyright, trade secret or trademark of such third party and second, the Company's use of any User Content, provided that such use complies with the requirements of the Agreement and third, the User's use of the Services in any manner inconsistent with or in breach of the Agreement; and/or fourth, any claim alleging facts that would constitute a breach of User's representations and warranties made in this Agreement. Any such claim/proceeding if made directly on the User shall promptly be communicated to the Company by the User with all reasonable information, assistance and cooperation in defending the lawsuit or proceeding. The User shall give the Company full control and sole authority over the defense and settlement of such claim. The User may join in defense with counsel of its choice at its own expense subject to the approval of the company. The User unilaterally agree to indemnify and hold harmless, without objection, the Company, its officers, directors, employees and agents from and against any claims, actions and/or demands and/or liabilities and/or losses and/or damages whatsoever arising from or resulting from their use of Chehara.com or their breach of the terms of this Agreement. Indemnification shall be provided for any claim which shall arise and shall be limited to payment by the indemnifying party ("User") of all damages and costs finally awarded for such claim, or settlement costs approved in writing by the Company.
- For the purpose of this Agreement and attachments thereto and all renewals, "Confidential Information" means all financial, commercial, technical, operational, staff, management and other information, data and know-how relating to the Project or to a party (the "Disclosing Party" herein the Company ) or any other members of the Disclosing Party's group of companies ( including, without limitation, as to products and services, assets, customers, date and database, suppliers or employees), which may be supplied to or may otherwise come into the possession of the other (the "Receiving Party", herein the User ), whether orally or in writing or in any other form, and which is confidential or proprietary in nature or otherwise expressed by the Disclosing Party or by any of its Associates to be confidential, and not generally available to the public.
- The Receiving Party shall keep confidential and secret and not disclose to any third party the Confidential Information or any part of it, except to any of the Receiving Party's Associates, if required and upon prior permission in writing from the Disclosing Party. The Receiving Party agrees to take all possible precautions with regard to protecting confidential information from any third party and shall ensure that all its Associates to whom such disclosure is made will act in accordance with the terms of this Agreement as if each of them were a party to this Agreement, and if required obtain a written statement from each of its employees/associates having access to such Proprietary Information undertaking to abide by the confidentiality conditions. All Proprietary Information shall be kept separate and exclusive and at the usual place of business (or residence as the case may be) of the Receiving Party.
- Further no use, reproduction, transformation or storage of the Proprietary Information shall be made by the User without the prior written permission of the Company, except where required to be disclosed pursuant to any applicable law or legal process issued by any court or the rules of any competent regulatory body.
- On request of the Disclosing Party made at any time, including at the time of termination of this Agreement, the Receiving Party shall deliver back to the Disclosing Party all original documents, records, data and other material in the possession, custody or control of the Receiving Party that bear or incorporate any part of the Proprietary Information. The obligations of confidentiality set out in this Agreement shall continue in force notwithstanding termination of this Agreement for any reason whatsoever.
- All information and data submitted by the User shall become the property of the Company. However all such information shall be kept strictly confidential and the Company shall not, subject to "Violation of Terms & Conditions" clause, release any such data and information to any third party without the prior consent of the User.
- The User has access to only his own data and information stored in the database at Chehara.com (subject to prior confirmation of identity) and nothing more. The User may edit or amend such data and information from time to time.
- All confidential information (including name, e-mail address etc.) voluntarily revealed by the User in chat and bulletin board areas, is done at the sole discretion and risk of the User. If such information, collected by a third party is misused or results in unsolicited messages from such third parties, then such actions are beyond the use beyond the control and liability of Chehara.com and the company accept s no responsibility or liability whatsoever for such actions.
- All copyright and/or know-how and/or any other related intellectual property rights to the Service or Chehara.com shall become and remain the sole and exclusive property of the Company and the User shall have no claims to the same. In the event the User has contributed any content to Chehara.com in any manner whatsoever, all intellectual property rights to the same shall become the absolute property of the Company, and the User shall have no right or claim over the same, in any manner whatsoever. In the event that the User during the term of his Agreement or any time thereafter, uses such intellectual property in any other website or related activity, the same shall be considered as an infringement of the intellectual property rights of the Company and the Company shall have the right to take recourse to whatever legal remedial action is required, in the given facts and circumstances, the costs and peril of which will lie at the end of the User..
Personal Information from Facebook
- In the case of our social network services, it facilitates Users to associate/link their other social networking sites/media such as Facebook with their resume or curriculum vitae at Chehara.com, present their video/ audio resume samples to the employers, showcase work samples, achievements, blogs, add instant messengers, recruiters/employers can view social profile and more in order to authenticate their Registration Data including educational & professional credentials. User agrees this may permit you to link to other websites or resources on the internet, and other websites or resources may contain links to the Site. When you access third-party websites, you do so at your own risk and discretion. Those other websites are not under the Company's/Chehara.com control, and you acknowledge that the Company/Chehara.com is not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources. The inclusion on another website of any link to the Site does not imply endorsement by or affiliation with the Company/Chehara.com neither we monitor or have any control over, and make no claim or representation regarding these third-Party websites. To the extent such links are provided by us, they are provided only as a convenience, and such link to a third-party website does not imply our endorsement, adoption or sponsorship of, or affiliation with, such third-party website You further acknowledge and agree that the Company/Chehara.com shall not be liable for any damage related to the use of any content, goods, or services available through any third-party website or resource.
- When you use connect to Chehara.com using your Facebook Account, you will be asked to share information as more specifically described about Facebook which You represent to us that You are submitting voluntarily
- You agree and acknowledge that your use of Facebook in general and your relationship with Facebook are subject to Facebook's own Data Use Policy, Terms, Statement of Rights and Responsibilities, Platform Principles and their other published policies and principles. The Company do not control and is not responsible for Facebook's processing of your information. The Company strongly recommends that You carefully review and familiarize yourself with all Facebook's statements, policies and principles before you start using our social networking service.
- You agree and acknowledge that when You use our social networking service, You authorize Chehara.com to collect, cache, and use the information that you agreed Facebook could provide to Company. You agree that the Company may use some of your Facebook information to establish your Registration Data on Chehara.com and to enhance its Services to you. Your Facebook privacy and application settings may affect the information that you give us. You can find out more about controlling these settings on Facebook.
- Collecting Information through our social networking services:
- You agree and acknowledge that when you use our social networking service, You share some of your Facebook information with Chehara.com and other members of its community. When you first start using the our social networking service using Facebook, you are asked to share some information. Depending on your applicable Facebook settings, Chehara.com will access, cache and use that information for your benefit. Currently, you are asked to share the following information which may be revised from time to time without any prior notice/intimations ("Facebook Information"):
- General Information : name, profile picture, gender, connections and any other content that is publicly available to everyone.
- Profile Information: current city, education history and work history.
- Information Shared by/with You : current cities, education histories and work histories.
- Contact Information : email, contact/fax numbers
- You agree that Chehara.com can use your Facebook Information in either of the ways including the following:
- To provide benefits to You and others, like helping you, your friends and potential employers and business opportunities connect and share professional information and potential interest in career opportunities.
- To provide Services, its respective products, benefits and related services
- To personalize and target content, services, career opportunities and advertising, including location-based content, services, opportunities and advertising
- To build, maintain and share your Registration Data/profile
- To manage User accounts, communications and for internal processes and reporting
- Any other services/manner as deem fit/launched
- Professional Profile
- Your Professional Profile ("Profile") is your business card and professional resume. You may use you Facebook Information to complete a profile that is shared with other parties, users, members etc. You may access, update, change or remove your Profile information at any time by logging into your account and following the instructions to Edit Profile.
- Access and Control of Information from Facebook
- You can delink your preexisting Chehara.com account from your Facebook account and Profile by logging into Chehara.com. There is a possibility that content/copies may remain viewable elsewhere to the extent it has been shared with others to which You shall have no objections. We may also retain certain information for customer service, legal, business and similar purposes. We will also retain logs, demographic, indirect, and statistical information that may relate to You.
Display of Banners
- Company agrees to provide the service to the subscriber only for the duration or the number of impressions contracted for, to the best of its ability.
- Company will display the banners on all the relevant/specified sections of the site on a rotation basis
- 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 Answerz Digital
- Company offers no guarantee nor warranties that there would be a satisfactory response or any response at all once the banners are put on display
- Company would not be held liable for any loss of data technical or otherwise, information, particulars supplied by the customers due to the reasons beyond its control like corruption of data or delay or failure to perform as a result of any causes or conditions that are beyond Answerz Digital's reasonable control including but not limited to strike, riots, civil unrest, Govt. policies, tampering of data by unauthorized persons like hackers, war and natural calamities
- 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
- This subscription is neither re-saleable nor transferable by the subscriber to any other person, corporate body, firm or individual,/li>
- The User/Advertiser must give an undertaking to Company that there will be no fee charged from any person who responds to jobs advertised on chehara.com for processing of applications / responses from such person
- The User of these services does not claim any copyright, Trade Mark or other Intellectual Property Right over the data uploaded by him/her on the website. The Banners displayed on Chehara.com shall be prepared as per the instructions received from the users, Company shall not be responsible for the users misappropriation of the Trade Mark/ Copyright or any other Intellectual Property Right sought to be passed of as that of the user.
- All disputes arising out of the transactions between a user and Company will be resolved in accordance with the laws of India as applicable.
- All Disputes arising out of the transactions between a user and Company will be subject to the jurisdiction of Courts situate in Chennai alone.
- The right to amend, vary or change the terms and conditions contained herein and in the Services Guide at any time exclusively rests with the Company.
- This Agreement will be periodically updated and the Terms and Conditions changed from time to time and the changed or updated Agreement posted at Chehara.com. The User should visit the site periodically to review the latest Terms and Conditions. For the avoidance of doubt, the User's continued use of the Service constitutes an affirmation and acknowledgement of the amended terms and conditions.
Discontinuation or Modification of Services
- The Company reserves the unilateral right to add to /and/or change and/or delete and/or end or prematurely withdraw its Service or any part thereof at anytime with or without notice to the User for any reason including on account of business exigencies and/or regulatory or statutory changes.
- There shall be no liability on behalf of the Company to the User or any third party in case the Company exercises its unilateral right to modify or discontinue the Service.
- All notices shall be in English and in writing and (a) if sent to the User to the address identified on the Application Form and (b) if sent to the Company to such address as provided in writing for such notice purposes; provided, however, that all invoices and payments shall be sent to the attention of the Company's respective representative. Notice shall be deemed to have been properly served upon issuance of the same to the address provided by the "User".
Non exclusive remedy
- Termination or expiration of this Agreement, in part or in whole, shall not limit either party from pursuing other remedies available to it, nor shall either party be relieved of its obligation to pay all fees that are due and owing under this Agreement up to the effective date of termination. Neither party shall be liable to the other for any damages resulting solely from termination as permitted herein.
- The failure of Chehara.com to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms & Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms & Conditions shall remain in full force and effect.
- This Agreement shall constitute the complete and exclusive agreement between the parties with respect to the subject matter hereof, superseding any prior agreements, documents and or communications regarding such subject matter. This Agreement may only be modified, or/and any rights under it waived, by a written document executed by the Company only. The right to change or amend, however exclusively rests with the Company.
Governing laws and jurisdiction
- It is clarified that there is no agency or/and partnership or/and joint venture or/and employee-employer or/and franchiser-franchisee relationship between Chehara.com and any User of the Service.
- The User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms & Conditions must be filed within 30 days after such claim or cause of action arose or be forever barred.
- All information of whatsoever nature received from the user is in good faith and is bonafide. The information is believed to be true/ correct and complies with the laws of the land.
- This Agreement and any dispute or matter arising from incidental use of Chehara.com is governed by the laws of India and the User and the Company hereby submit to the exclusive jurisdiction of the courts at Chennai, India without regard to its conflict of law provisions. User and Chehara.com agree to submit to the personal and exclusive jurisdiction of the courts located within Chennai.
Acknowledgement and acceptance of Terms and Conditions
- Any complaints or concerns with regards to content or to report any abuse of laws or breach of these terms may be taken up with the designated grievance redressal officer as mentioned below via post or by sending an email to grievance@Chehara.com or Mr. Sohail Khan ("Grievance Redressal Officer")
We request you to please provide the following information in your complaint:-
(a) A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint
(b) Identification of the copyrighted work claimed to have been infringed.
(c) Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity.
(d) The address, telephone number or e-mail address of the complaining party
(e) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
(f) A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.