Welcome to The Job Seeking Terms and Conditions
These terms and conditions outline the rules and regulations for the use of The Job Seeking Website.
Please read this document carefully
1) Introduction
Thejobseeking.com the Company makes available its services, 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 individuals who are searching for job opportunities and vacancies. 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) 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 derivate 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.
5) 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.
6) 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.
7) 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.
8) 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.
9) Disclaimers
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.
10) 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 AUTHENTITCITY, 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 warrantees.
11) 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.
12) 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 thejobseeking.com 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.
13) Payment Terms & Refund Policy
YOU ARE REQUESTED TO HONOUR YOUR PAYMENT OBLIGATIONS TO THE COMPANY.
Payments for the services offered by the Platform shall be on a 100% advance basis. The payment for service once subscribed to by you is not refundable and any amount paid shall stand appropriated. Refund, if any, will be at the sole discretion of the Company.
User hereby irrevocably accepts to receive the tax invoice as soft copy through emails.
Notwithstanding anything contained in any other agreement or arrangement, by whatever name called, the performance obligation of the Company (service provider) is to provide access of its on-line portal to the customer for the duration of the subscription period & reference to any usage, by whatever name called or any other performance obligation, if any, is to provide the upper limit for consumption, which by itself, does not create any additional performance obligation upon the Company
The Company offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Customers card/bank accounts.
In the event of any suspension or termination of services on account of non-compliance of these Terms of Use, any payment made to the Company by you shall stand forfeited with immediate effect.
The User acknowledges and agrees that Company/Platform, at its sole discretion and without prejudice to other rights and remedies that it may have under the applicable laws, shall be entitled to set off the amount excess paid by a subscriber/user against any amount(s) payable by User to Company under any other agreement or commercial relationship towards other products/services. The Company gives no guarantees of server uptime or applications working properly. All is on a best effort basis and liability is limited to refund of amount only. We undertake no liability for free services.
14) Amendment to these Terms of Use
COMPANY RESERVES ITS RIGHT TO AMEND / ALTER OR CHANGE ALL OR ANY DISCLAIMERS OR TERM(S) OR CONDITION(S) OF AGREEMENTS AT ANY TIME WITHOUT ANY PRIOR NOTICE. SUCH AMENDED TERMS SHALL BE POSTED ON THE PLATFORM.
Businesses, environment and technology evolve and in order to accommodate the changing nature of the environment in which we operate as well to provide for any additional features that may be introduced in future, these Terms may need modifications or additions. Such modifications or additions shall be effective immediately upon posting of the modified Terms of Use on the Site.
You are advised to review the modified Terms of Use periodically to be aware of such modifications or additions and your continued access or use of the Site, shall be deemed conclusive proof of your acceptance of these Terms of Use, as amended/modified from time to time
15) Local Laws
You are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries, while consuming the information and the services as available through the Platform.
16) Indemnification
BY ACCEPTING THESE TERMS OF USE, YOU AGREE TO INDEMNIFY AND OTHERWISE HOLD HARMLESS COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYERS, AGENTS, SUBSIDIARIES, AFFILIATES AND OTHER PARTNERS FROM ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF, RELATING TO, OR RESULTING FROM YOUR USE OF THE PLATFORM INCLUDING BUT NOT LIMITED TO INFORMATION PROVIDED BY YOU OR ANY OTHER MATTER RELATING TO THE PLATFORM.
17) Termination and Suspension
COMPANY MAY, WITHOUT NOTICE IN ITS SOLE DISCRETION, AND AT ANY TIME, TERMINATE OR RESTRICT YOUR USE OR ACCESS TO THE PLATFORM (OR ANY PART THEREOF) FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, THAT THE COMPANY BASED ON ITS JUDGEMENT AND PERCEPTION BELIEVES YOU HAVE VIOLATED OR ACTED INCONSISTENTLY WITH THE LETTER OR SPIRIT OF THESE TERMS OF USE.
IN THE EVENT OF SUSPENSION OR TERMINATION OF SERVICES, ANY LIMITED RIGHTS GRANTED TO YOU UNDER THESE TERMS OF USE SHALL REVERT TO THE COMPANY FOR ALL PURPOSES. FURTHER, YOU WILL RETURN TO THE COMPANY, ANY UNUSED DATA OR INFORMATION IN YOUR POSSESSION, WITH IMMEDIATE EFFECT. THE TERMS OF USE SHALL APPLY TO ANY DATA OR INFORMATION TO WHICH YOU HAD ACCESS PRIOR TO THE SAID SUSPENSION OR TERMINATION AND ANY ABUSE OR MISUSE THEREOF, SHALL BE ACTIONABLE IN ACCORDANCE WITH THE TERMS OF USE. [DURING AND BEYOND THE VALIDITY OF THIS AGREEMENT, YOU SHALL TREAT ANY PROPRIETARY DATA (INCLUDING WITHOUT LIMITATION, THE PRICING TERMS, INFORMATION RELATING TO OUR SERVICES AND BETA STAGE TRIALS ETC.) SHARED WITH YOU AS CONFIDENTIAL, IF IT WAS UNDERSTOOD AS CONFIDENTIAL BY THE NATURE OF THE INFORMATION OR THE CIRCUMSTANCES OF THE DISCLOSURE.]
18) Entire Agreement
THESE TERMS OF USE AS AMENDED FROM TIME TO TIME CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND COMPANY REGARDING THE PLATFORM.
These Terms of Use supersede all terms and conditions contained in any purchase order, order acknowledgment form, invoice or other business form submitted by You.
No advertisements, catalogues or other publications or statements, whether written or oral, regarding the performance of the Platform permitted under these Terms of Use shall form part of these Terms of Use.
19) Severability
VOID PROVISIONS SHALL HAVE NO EFFECT ON THE VALIDITY OF OTHER PARTS OF THESE TERMS OF USE
If any provision of these Terms of Use are held to be invalid or unenforceable by a court of competent jurisdiction, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use shall remain in full force and effect.
20) Assignment and Delegation
The access to this Platform is being providing only to You, for your own use in accordance with these Terms of Use You may not assign or delegate your rights under these Terms of Use or the limited license that has been extended to you, and any assignment and/or delegation of these Terms of Use or any sub licensing by you will be null and void, in case any case of this nature is brought to our notice in addition to any other remedies that we may have under the law, we reserve our rights to claim damages and seek an injunction against You.
21) Availability of Services
Services are provided on an AS IS and AS AVAILABLE basis, however, there are no server uptime guarantees.
Any regulations, guidelines, legislations or lawful orders of a court or a quasi-judicial body may require us to change alter or stop our services. Similarly, any force majeure events which are beyond our reasonable control, may cause an interruption in the services or non-availability of services or certain features thereof.
22) Activation
Due to a high incidence of credit card fraud, your services purchased online using a credit card may not be activated without a proper verification.
23) Contact information
YOU MAY CONTACT US BY APPROACHING US AT ANY OF THE FOLLOWING EMAIL ADDRESSES DEPENDING ON THE NATURE OF THE QUERY/ COMPLAINT THAT YOU WISH TO ADDRESS TO US:
General queries related to the functioning of the website: info@thejobseeking.com
Fraudulent listings on the Site may be reported at: info@thejobseeking.com
Complaints related to content on the Platform/Site may be made to the Grievance Officer appointed by the Company using the interface available here.
24) Conditions Applicable to Jobseeker Solutions
By creating a jobseeker account on the Platform, you agree to :
Making your resume searchable to all Users of the Platform who subscribe to RESDEX (Resume Database Access) (“Subscribers”). You may be contacted by Subscribers via email, telephone and/or post. We recommend that you read the privacy settings carefully to make your profile accessible to recruiters/ employers as per your preferences. The Site will not be held responsible for contacts/mails received by you.
Your profile shall be accessible with restrictions to unregistered users as well, however, they shall not be able to contact You.
Receive job alerts (messages detailing jobs that match your profile as entered on the Platform) via email/SMS or any other mode. You may remove Yourself from the job alert database by resetting this option in the Privacy Setting section of Your resume
Receive promotional mailers/ special offers/recommendations by the Platform on its behalf or on behalf of third parties. You may remove yourself from the promotional mailer database by resetting this option on the Privacy Setting section of your resume.
The resume/ insertion or information/data fed by you can be updated by You alone, without any additional cost, except for a few fields which are automatically updated by the Platform based on the information that is provided by you, in order to enhance your user experience.
Certain portions/functions of the Platform may not require a mandatory registration, if You are unregistered and You are using such portion of the Platform , You undertake that
The data/information fed by You is true and correct in all respects
You will not disseminate false/objectionable/offensive material using these services or any material which is violative of the Terms of Use of the Platform;
You shall use the services exclusively for the purposes of bona fide job applications; Usage of the interface on the Platform for any other purpose is strictly prohibited.
Please note that The Platform may reach out to You, based on the interests expressed by You while using the Platform.
Job Alerts:
The Platform uses an automated algorithm to match jobs against the keywords/attributes present in the profile submitted by the user or based on the preferences set by a user, and hence offers no guarantee nor warranties that the jobs sent in the job mail will be relevant to the profile. You are advised to independently verify the authenticity of the credentials of the employers/recruiters whose profiles and or offers may be part of the Job Alerts (Mail or SMS)
25) Conditions Applicable to Recruitment Solutions
The services provided to You are aimed at providing recruitment solutions and should be restricted to contacting suitable candidates for genuine jobs in existence. Mailing practices such as transmitting marketing and promotional mailers/ offensive messages/ messages with misleading subject lines in order to intentionally obfuscate the original message, are strictly prohibited. Similarly, posting jobs without authorization from the end employer is an incorrect practice and is prohibited. We reserve the right to terminate services, without prior notice, to the originator of spam. No refund shall be admissible under such circumstances.
You undertake that the jobs sought to be advertised on any section of the Platform or job opportunities with regard to which candidates are contacted through the RESDEX database are in existence, genuine and You have the authority to advertise or act as a recruiter to ensure that the job vacancies are closed.
A User shall be subject to Quotas as applicable and as advised. The number of transactions i.e. CV access/views/downloads/job postings per day shall also be restricted as per the current prevalent limit per log in, each log in is required to be specific to identifiable one individual user alone.
Unless You are utilizing the Platform in the capacity of a consultant fulfilling the hiring requirements of an end employer, the transfer/ movement of Resumes/CVs out of Recruiter’s establishment is not permissible.
You shall ensure compliance with all applicable laws for the protection of the personal details of the users whose profiles are accessed by You through the Platform, including but not limited to compliance with any laws/regulations relating to unsolicited communications etc, the Telecom Commercial Communications Customer Preference Regulations, 2010 as also rules, regulations, guidelines, bye laws and notifications made thereunder, while availing services of the Company on the Platform.
You will comply with all applicable data protection laws in relation to the processing of personal data; and not process personal data in an unlawful manner and excessive with regard to agreed purposes as defined in the privacy policy and these terms and conditions
You agree to provide reasonable assistance as is necessary to facilitate the handling of any Data Security Breach (as applicable under GDPR or any other applicable Data Security law) in an expeditious and compliant manner
You shall implement adequate technical and organizational controls to protect the shared personal data obtained from the Company against unauthorised or unlawful processing and against accidental loss, destruction, damage, alteration or disclosure
You agree that the responsibility for complying with a data subject request lies with the party which holds/processes the personal data collected/shared
You warrant and represent that the institution shall not disclose or transfer personal data obtained from the Company to any sub-processors without ensuring that adequate and equivalent safeguards to the personal data.
You shall retain or process shared personal data for no longer than is necessary to carry out the agreed purposes which in any case shall not exceed 90 day (in the case of response to a listing 180 days) and thereafter destroy these. The Company reserves it right to seek a certificate to this effect from You.
Any piece of personal data that is downloaded by You from the Platform, shall be used only for fulfilling hiring requirements, any usage for any other purposes is strictly prohibited.
The Platform and the Recruiters etc. (as applicable) would act as independent controllers in their respective capacity. For more details please visit the data protection amendment .
You agree that you are responsible for the documents, screening questions, comment threads, and additional information asked from the job seekers when they apply to a job posted by you through the Platform. You shall ensure that any additional information collected from the job seekers during their interaction with you in any form through the interface provided by the Platform shall not include special categories of information (such as racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, sexual orientation, passwords, financial information and health information) until explicit consent is taken from the job seekers (data subjects).
In such cases where the Platform is processing information exclusively on your behalf, it acts in the capacity of a data processor with you acting as the data controller. For more details please visit the data protection amendment .
The Company shall be entitled to place the information relating to vacancies in specified sections on the Platform and such other mirror or parallel website(s) or in allied publications as the Company may deem fit and proper but such additional publication shall be without any extra cost to You.
The information related to job vacancies displayed on the Platform shall be for a fixed period (currently 62 days), which period is subject to change.
Depending on the type of listing that has been subscribed, the features and the fields may vary.
By posting/uploading a job posting/listing on the Platform, You confirm that You have obtained all licenses/permits as are necessary for the said activity and to indemnify the Company against all claims, damages arising out of actions/claims that may be made by third parties in relation to the same.
The Company has the right to make all such modifications/editing of the vacancy details in order to fit its data structure.
The Company reserves its right to reject any insertion or information/data provided by you without assigning any reason either before uploading or after uploading the vacancy details.
The Company will commence providing the services only upon receipt of amount/charges upfront either from You or from a third party on Your behalf
In case You have opted for shortlisting services, the Company will make best efforts to use the parameters provided by You to short list, but takes no responsibility for the accuracy of the short listing based on the parameters for selection as specified by You. The Company does not act as an agent of the Recruiter.
The Company offers no guarantee nor warranties that there would be a satisfactory response or any response at all once the job vacancy is put on display or for any responses received/contacts made through the RESDEX database.
The Company shall in no way be held liable for any information obtained/received by You and it shall be Your sole responsibility to check, authenticate and verify the information/response received at Your own cost and expense.
Any actions taken by an employer/recruiter on the basis of the background check report or otherwise, are the employer’s/recruiter’s responsibility alone and the Company will not be liable in any manner for the consequences of such action taken by the user.
No fee shall be charged by the Recruiter from any person who responds to jobs advertised on the Platform. You further undertake to use the database to contact candidates for jobs only.
The Company reserves its right to change the look, feel, design, prominence, depiction, classification of the Platform or any portion thereof at any time without providing any prior intimation to you.
Usage from third party premises/networks without prior written permission of the Company is not permitted.
You are entitled to store job applications/uploaded CVs on the Platform up to the prescribed allowable limit during the validity period of the services. The Company will not be responsible for restoring data against services that have expired or for job vacancies that have been removed.
You may also be offered other services, including use of the Response manager, access to RESDEX (Resume Database Access) for the period of services and banners on a “run of the website” basis as agreed with the Company. These services entitle one company/entity alone to put up a microsite within the domain of the Site having a maximum data size as applicable during the validity period of the services