Terms of Use
The website, www.friendsjob.online
("Site"), is an electronic web-based platform for exploring
opportunities and enhancing outreach using the online search and other tools
available for employers, recruiters, consultants, and / Consultants / Members. It
is owned and managed by Friends Job Consultancy.
Any and all use of this website is subject to,
and constitutes acknowledgment and acceptance of, the following Terms and
Conditions ("Terms"). It is mandatory for all Members of the Site to
have read carefully, fully understood, and be in total agreement with the
below-mentioned Terms before they proceed to use any of the services of the
Site ("Services"). The services are available only to individuals who
can form legally binding contracts under Indian law. Friends Job Consultancy
may amend these Terms of Use at any time by posting the amended version on this
site. Such amended version shall automatically be effective upon its posting on
this site.
Definition Clauses:
The following expressions shall have the following
meanings in the agreement defined below:
Commencement of Service
The service shall commence on the date of
activation, after we have received the necessary payment.
Member's Obligations
Proprietary Rights in Content on Friends Job
Consultancy
Friends Job Consultancy owns and retains other
proprietary rights to the site as well as the services. The site contains
copyrighted material, trademarks, and other proprietary information of Friends
Job Consultancy. You may not copy, modify, publish, transmit, distribute,
perform, display, or sell any such proprietary information, except for that
information that is in the public domain or for which you have been given
permission.
Intellectual property rights
All logos, brands, trademarks, and registered
marks ("Marks") appearing in Friends Job Consultancy are properties
either owned or used under licence by the Friends Job Consultancy and/or its
associates. All the rights accruing from the same, statutory or otherwise, and
intellectual property rights wholly vest with Friends Job Consultancy and its
associates. All rights not otherwise claimed under this agreement or by Friends
Job Consultancy or its associates are hereby reserved.
Access to the site does not confer upon the member any licence or right to use
these marks, and therefore the use of these marks in any form or manner
whatsoever is strictly prohibited. Any violation of the above would constitute
an offence under the prevailing laws of India.
Prohibited Use
In the event of a violation of any of the
above-mentioned covenants by the Member, and the same comes to the Friends Job
Consultancy's knowledge, the Friends Job Consultancy shall have the right to
delete any material relating to the violations without prior notice to the
Member. The Friends Job Consultancy shall issue a warning to the member to
discontinue any activity that leads to the said violations, and in the event
the member continues with such activity, the Friends Job Consultancy has the
sole authority to terminate or suspend the membership at the Friends Job
Consultancy and/or any other related facility. In addition to the right to
indemnity available to the Friends Job Consultancy, the Friends Job Consultancy
shall have the right to any legal remedy against the Member to recover the loss
suffered by the Friends Job Consultancy and the harm caused to the goodwill of
the Friends Job Consultancy due to such a violation by the Member.
Copyright Policy
You may not post, distribute, or reproduce in
any way any copyrighted material, trademarks, or other proprietary information
without obtaining the prior written consent of the owner of such proprietary
rights. Without limiting the foregoing, if you believe that your work has been
copied and posted on the Friends Job Consultancy service in a way that
constitutes copyright infringement, please provide our Copyright Agent with the
following information: an electronic or physical signature of the person
authorised to act on behalf of the owner of the copyright interest; a
description of the copyrighted work that you claim has been infringed; a
description of where the material that you claim is infringing is located on
our site; your address, telephone number, and email address; a written statement
by you that you have a good-faith belief that the disputed use is not
authorised by the copyright owner, its agent, or the law; a statement by you,
made under penalty of perjury, that the above information in your notice is
accurate and that you are the copyright owner or authorised to act on the
copyright owner's behalf; Friends Job Consultancy’s Copyright Agent for Notice
of Claims of Copyright Infringement can be reached by writing to the address
located under the Contact Us section on the site.
Confidentiality
Friends Job Consultancy is an online platform,
so it cannot guarantee the confidentiality of information provided by members
who use the site. Any breach of privacy due to a technical fault or any other
means is not the responsibility of Friends Job Consultancy.
The agreement between Friends Job Consultancy and the member can neither be
deemed a "non-poach agreement," nor can the same be termed or used as
an alternative to a "non-poach agreement," as Friends Job Consultancy
being a public site, all information posted by the member on the site goes into
the public domain except information or data that is specifically assigned a
non-public or private character.
The member is entitled to access his own data and information stored in the
database at Friends Job Consultancy (subject to prior confirmation of identity)
and may edit or amend such data and information at any time.
The members need to be aware that when they voluntarily reveal
identification-oriented information (name, e-mail address) in chat and bulletin
board areas, such information may be collected by a third party, resulting in
unsolicited messages from third parties. Such interaction is beyond the control
and liability of Friends Job Consultancy. Friends Job Consultancy is liable to
share all information available with it in response to any legal proceedings,
including but not limited to court orders, notices, subpoenas, FIRs, etc.
Member, Copyright, Now How, or any other related intellectual property service
or Friends Job Consultancy shall be the sole and exclusive property of the
Friends Job Consultancy. In the event the Member has contributed any content to
Friends Job Consultancy in any manner whatsoever, the intellectual property of
the same is automatically assigned to Friends Job Consultancy, and the Member
shall have no right or claim over the same. In the event the Member, during the
term of his agreement or any time thereafter, uses such intellectual property
in any other website or related activity, the same can be construed to be an
infringement of the intellectual property belonging to the Friends Job
Consultancy, and the Friends Job Consultancy shall have the right to legal
recourse in this regard.
Maintenance of Service
Friends Job Consultancy may at any time deactivate
or suspend the Member's access to Friends Job Consultancy and/or the Services
(as the case may be) without any prior notice in order to carry out system
maintenance, upgrades, testing, repairs, and other related work. Without
prejudice to the other provisions of this Agreement, the Friends Job
Consultancy shall not be liable for any loss, damage, costs, or expense that
the Member may suffer or incur, and no fees or charges payable by the Member to
the Friends Job Consultancy shall be deducted, refunded, or rebated as a result
of such deactivation or suspension.
Modification to Service
The Friends Job Consultancy reserves the right
to modify or discontinue the service with or without notice to the member. Same
for paid service; a pro-rated refund shall be effected for the remaining unused
period.
The Friends Job Consultancy shall not be liable
to the Member or any third party should the Friends Job Consultancy exercise
its right to modify or discontinue the Service.
Suspension of Service
Without prejudice to any other rights or
remedies of the Friends Job Consultancy, the Friends Job Consultancy may
suspend the service provided by the Friends Job Consultancy in the event that
any dues payable by the Member are not paid.
service Upon suspension, the service shall be deemed to be terminated from the
date stipulated by the Friends Job Consultancy, and the member shall be liable
for all charges and fees incurred until that date.
Upon subsequent payment by the member of the requisite payment as per the
Friends Job Consultancy's demands, the Friends Job Consultancy may, at its sole
discretion and subject to such terms as it deems proper, reconnect the service.
Friends Job Consultancy reserves the right to block the job posted by the
member in case any of the following is found:
Website designing services:
The website design service is one of the
deliverables with some paid services, and the site reserves the sole rights to
its technical maintenance. Each member hereby agrees to indemnify and save
harmless the site/Friends Job Consultancy, its affiliates, directors, officers,
and employees from any and all losses, claims, and liabilities (including legal
costs on a full indemnity basis) that may arise due to interruptions because of
Third Party Services or technical errors while uploading or hosting the
website.
As the website design service is a free service with some of the paid services,
the site retains sole rights to all the technical details, including FTP
details. No claim shall be entertained regarding the same. Since the data of
the template-based website is driven through the centralised database of the
site, it is not transferable to any other server, and any such attempt would
render the website non-functional.
As the website design service is a free service with some of the paid services,
the site retains sole rights to all the technical details, including FTP
details. No claim shall be entertained regarding the same.
The members hereby agree to extend full cooperation in the assimilation of the
information required for site development and approve correspondence by phone
or email. Reminder mails would be sent if the members do not respond to calls
or emails and/or do not provide the details or material requested and/or do not
provide the necessary approvals or feedback on the progress of the website,
incomplete material, incomplete images, layout, hosting of the website, etc.
The website design service would be terminated as per the Friends Job
Consultancy policy if no reply is received from the member after the second
reminder mail. Reactivation of website design services or requests for
modification would be on a paid basis.
On completion of website development, the temporary link would be sent to the
members, and modifications would be entertained only if the same were sent
within the next 5 days. On the expiration of the 5 days, if no feedback is
received, it would be deemed consent for hosting the site on the domain.
All changes, after website hosting, would be undertaken on a paid basis.
Any exception or flexibility in the above circumstances would be at the sole
discretion of the site and would require a written request from the member.
Disclaimer
Use of Data
The member hereby agrees and irrevocably
authorises the Friends Job Consultancy to:
Indemnity
hold Friends You agree to indemnify and hold
Friends Job Consultancy, its subsidiaries, affiliates, officers, agents, and
other partners and employees harmless from any loss, liability, claim, or
demand, including reasonable attorney's fees, made by any third party due to or
arising out of your use of the service in violation of this Agreement and/or
arising from a breach of these Terms of Use and/or any breach of your
representations and warranties set forth above.
Variation
The Friends Job Consultancy reserves the right
to amend the terms and conditions contained herein and in the Services Guide at
any time upon notice (in such form as may be determined by the Friends Job
Consultancy) to the Member.
The terms and conditions of this agreement will be updated from time to time
and posted at Friends Job Consultancy. The member should visit the site
periodically to review the terms and conditions. For the avoidance of doubt,
the member's continued use of the service constitutes an affirmation and
acknowledgement of the amended terms and conditions.
RSS (
Friends Job Consultancy claims proprietary
rights over the content being made available as RSS feeds from Friends Job
Consultancy, including the copyrights, trademarks, etc. The members would need
to provide an acknowledgement to Friends Job Consultancy in connection with the
use of RSS feeds obtained from the website.
Limitation of liability
Payment and Refund Policy
Payment for memberships:
All payments for services at Friends Job Consultancy have to be made in favour
of Friends Job Consultancy only. All payments need to be made on a 100% advance
basis to continue to use uninterrupted paid services.
We have not authorised any individual or organisation to collect payments in
any other name (i.e., any other individual or organisation name) or via
personal Western Union or personal Paypal accounts for any services rendered by
Friends Job Consultancy. You are informed that under no circumstances will
Friends Job Consultancy be liable for any damage caused due to your
transactions or payments made to or in favour of such fraudulent individuals or
organisations. To protect your interests, please contact us immediately if any
such fraudulent individual or organisation tries to mislead you.
The member, who is liable to pay subscription fees, shall pay them on demand,
even if the member disputes the same for any reason. In the event that the
Friends Job Consultancy decides the dispute to be in the member's favour, the
Friends Job Consultancy shall refund to the member any excess amount paid by the
member free of interest. In the event of late payment by the member of any sums
due under this agreement, the membership and the services would be terminated.
Refund or Money Back
Policy:
Once subscribed, the payment made by the member for the paid service is not
refundable, and no claim for refund will be entertained. Friends Job
Consultancy neither offers any guarantees for the accuracy, timeliness,
authenticity nor advocates any of the content posted by the other Members. All
the services are provided on a best-effort basis.
Refund on the basis of
fraudulent transactions
The member is solely responsible for maintaining confidentiality as well as all
the activities and transmissions performed through his My Folder. He or she
shall be solely responsible for carrying out any online or offline transaction
involving credit cards, debit cards, or such other forms of instruments or
documents for making such transactions. Friends Job Consultancy assumes no
responsibility or liability for the improper use of information relating to the
usage of credit or debit cards by the subscriber, online or offline.
Refund on the basis of a
change in preference or delay in process
As we at Friends Job Consultancy maintain high levels of interaction with our
clients and carry out the entire process with their approval, there is no
provision for any kind of full or partial refund.
Once an order is placed, it cannot be cancelled as it is sent for processing
immediately. Your personal preferences changed over time and cannot serve as a
reason for a refund or chargeback.
Suspension or Termination of Services
Friends Job Consultancy reserves the right to
partially suspend the Member's access to certain features, panels, and access
points or fully terminate a Member's account at any time without assigning any
reason or notice to the Member (free and paid members) in order to protect the
interests of other Members of Friends Job Consultancy and/or the interests of
Friends Job Consultancy.com.
Termination or suspension, either fully or partially, as deemed fit by Friends
Job Consultancy may be on reasonable grounds of suspicion, receipt of a
complaint, a belief, an investigation, or a notification from law-making bodies
or governing authorities, and can be done for the following reasons:
With such termination, the member(s) would lose
the authority to use the free and paid services of the site and would not be
entitled to register again with new member information unless permitted by
Friends Job Consultancy in writing. No membership charges or subscription fees
paid by the member(s) will be refunded in the event of termination. The
member(s) acknowledge and agree that any direct or indirect damage caused due
to such termination is not a liability of Friends Job Consultancy.com.
Member Disputes
Members are solely responsible for their
interactions at www.friendsjob.online,
and Friends Job Consultancy reserves the right, but has no obligation, to
monitor disputes between Members.
Friends Job Consultancy will not be party to any legal proceedings between a
member and any other registered or free member for any transactions through the
site. Friends Job Consultancy will always abide by governing or legal
authorities orders and cooperate fully through the process, but the costs of
the same shall be recovered from the party that has implicated Friends Job
Consultancy in such a case.
Matters of dispute and jurisdictional aspects
Any kind of legal dispute related to Friends Job
Consultancy would be dealt with only in the territory of Kurukshetra, Haryana.
All legal issues are subject only to pertinent contemporary laws in force in
New Delhi and the jurisdiction of courts located in Kurukshetra.
Governing Law and Jurisdiction
This Agreement and any dispute or matter arising
from the incidental use of Friends Job Consultancy are governed by the laws of
India, and the Member and Friends Job Consultancy hereby submit to the
exclusive jurisdiction of the courts in Delhi, India. This agreement, accepted
upon use of the site and further affirmed by becoming a member of Friends Job
Consultancy, contains the entire agreement between you and Friends Job Consultancy
regarding the use of the site and/or the service. If any provision of this
agreement is held invalid, the remainder of this agreement shall continue in
full force and effect.