Terms and Conditions For Using Chahiye.info Jobs
Important! You may only use the Website if you are at least
18 years of age and can enter into binding contract. This is a binding legal
agreement between you and Chahiye.info, a company registered as a partnership
firm under the applicable laws of India. This website and any other
website having the domain name of Chahiye.info, belongs to Chahiye.info
(hereinafter referred to as "Chahiye"). Chahiye reserves the right to
change this Agreement at any time without notice and such changes will become
effective immediately upon posting the same at this space on this website. By
using, viewing, transmitting, caching, storing, and/or otherwise utilizing this
site and/or its contents in any way, you have agreed to each and all of the
terms and conditions listed below, and waive any right to claim ambiguity or
error in this agreement. Chahiye, reserves its right to revise these Terms and
Conditions at any time by updating this posting. You should visit this page
periodically to re?appraise yourself of the Terms and Conditions, because they
are binding on all users of this Web Site. If you do not agree to this
agreement, click here to leave this site, and do not use this site. You may
print and retain a copy of this agreement for your reference.
Section 1: General information for every user of the site
1.1. Site contents
This site acts as a platform where Chahiye will post job
opportunities, and members of the Chahiye Talent Scout Network will refer
candidates to these jobs & get rewarded for successful referrals.
1.2. Information collection and use
1.2.1 If you wish to use this site, You must ensure that
your personal information is complete and accurate. This personal information
includes your e?mail address and, if necessary your name, address, postal code,
employment information & educational background. You must also guarantee
that you are legally competent to use this site and that the use of this
website is not in conflict with other legally valid agreements and contracts
you may have entered into with parties including, but not restricted to, your
current & past employers.
1.2.2 Subject to Clause 1.2.3 below, your personal
information as a Talent Scout will be used only in matters related to Chahiye
Jobs. Chahiye shall not share your profile with other external third parties
other than extended members of the Chahiye network ? who might be placement
consultants, recruitment firms etc.
1.2.3 Chahiye reserves the right to provide your information
to the extent necessary or appropriate to comply with applicable laws or in
legal proceedings, or any similar instance, where such information may be
relevant. ?
1.2.4 As a Chahiye Talent Scout, when you submit the details
/ resume of a candidate against a job opening or forward a job opening to a
person, it is understood that (a) you are solely responsible for this; (b) that
you are not spamming the recipient; (c) are not submitting his / her details to
Chahiye without prior consent from that person.
1.2.5 Chahiye cannot guarantee and does not promise any
specific results from the use of the Chahiye Talent Scout network. No advice or
information, whether oral or written, obtained by you from Chahiye shall create
any guarantee not expressly stated herein.
1.2.6 You agree and authorize Chahiye to communicate
information to you by means of post, e?mails, mobile messaging service,
telephone calls and other such generally acceptable modes of communication on
the contact information provided by you. You may unsubscribe to any of these
services, if you so desire, by e?mailing us at scout@chahiye.info.
1.2.7 Because user authentication on the Internet is
difficult, Chahiye cannot and does not confirm that each user is who they claim
to be. Because we do not and cannot be involved in user?to?user dealings or
control the participants, in the event that you have a dispute with one or more
users, you release the Company (and our employees & Talent Scouts) from
claims, demands and damages (actual and consequential, direct and indirect) of
every kind and nature, known and unknown, suspected and unsuspected, disclosed
and undisclosed, arising out of or in any way connected with such disputes.
1.2.8 Chahiye contents may contain inaccuracies or
typographical errors. Chahiye makes no representations about the accuracy,
reliability, completeness, or timeliness of the contents of Chahiye. The use of
Chahiye is at your own risk. Changes are periodically made to Chahiye and may
be made at any time.
2. Copy rights and Other Intellectual
property rights
2.1 Rights regarding this website including, but not
restricted to, ?text, images, layout,
databases, pictures and all other (static and/or animated) material, sounds
formats, software, brands (including domain names/or other employers names) and
like material belong either to Chahiye, the employers and/or the jobseekers. If
you feel that your copyright or other intellectual property rights are being
infringed upon, it is your responsibility to take action. Chahiye takes no
responsibility for or part in, the resolution of these matters.
2.2 You are not permitted to distribute copies of this
website or make it available in any way to third parties except by downloading
and browsing on a personal computer and/or printing only one hard copy.
3. Spam and harvesting
3.1 Subject to Clause 1.2.2, Chahiye reserves the right to
use and propagate your personal information, including, but not limited to
e?mail addresses, made publicly available through this site, to facilitate the
process of short?listing, recruiting, training and development of a prospective
employee by an employer or for any other benefit that Chahiye deems suitable
for its users for their assistance from time to time. It is under no
circumstances permissible to use the e?mail addresses for other purposes, such
as:
(a) Sending an employer unsolicited e?mails of a commercial
nature and/or e?mails not directly related to the advertisement or request,
(b) Sending an employer e?mails in which a commercial
product or service is offered, and/or e?mails regarding products or services
directly or indirectly unrelated the advertisement,
(c) Collecting e?mail addresses from Chahiye users and/or
advertisers for whatever other reason.
4. Expulsion
4.1 Chahiye has the right to ban you from further use of the
website if you in any way do not comply or violate any of these terms of use. Chahiye
also has the right to take the necessary legal action against you and to demand
compensation for damage or loss. Chahiye also has the right to inform the concerned
administrative/legal authorities on your unlawful behavior.
5. Guarantee
5.1 Chahiye does not guarantee:
5.1.1 The effectiveness or timeliness of Chahiye in meeting
the employment objectives of any users
5.1.2 That documents posted by any users will result in
candidates being hired or positions being filled, and is not responsible for
any employment decisions, for whatever any reason made, made by any user.
5.3 The correctness or completeness of the content on Chahiye
or any third?party site linked from Chahiye. Users should satisfy themselves
through independent enquiries as to the condition or suitability of any item or
service offered. Chahiye is not liable for loss arising from content posted on
the site to users. All warranties of any kind are excluded to the extent
permitted by law.
5.4 That the site will be error free/or will operate without
interruption.
6. Limitation of Liability
6.1 Chahiye is not in any way to be held liable for any
damage or loss, direct or indirect, that may arise or result from the use of
the website. Furthermore, Chahiye is under no circumstances responsible for
what ever damage or loss that in any way may arise or result including, but not
limited to:
(a) the quality, safety or legality of the jobs or resumes
posted, the truth or accuracy of the listings
(b) the ability of employers to offer job opportunities to
candidates or the ability of candidates to fill job openings
(c) risk of physical harm, of dealing with strangers,
foreign nationals, underage persons or people acting under false information
(d) any dispute between employer?employer,
employer?jobseeker, jobseeker?jobseeker, Talent Scout ? candidate, Talent Scout
? employer, Talent Scout ? Talent Scout or any other combination of entities arising
out of the use of the site
(e) any inaccuracy, reliability, completeness, or timeliness
of Chahiye.
6.2 The user shall be responsible for the correctness,
validity, copyright issues, authority & authenticity of any form of
pictorial representations like photographs, logo etc. that is uploaded by any
user on the site or for any distortion, changes in color, low picture
resolution or quality that may arise in displaying the same. Chahiye shall not
be responsible in any manner whatsoever for or on behalf of the user.
7. Disclaimer
We do not represent, warrant, covenant or agree that
whatever you see here is error free, accurate or complete. Neither we nor our
consultants on this Site shall be liable for any direct, indirect, incidental,
consequential, or punitive damages arising out of your access to or use of this
Site. You shall be responsible to report to Chahiye, any abuse, misuse or
misconduct of the information or data posted by you on the site or of the use
of the site by any person. You may report any of the above through e?mail on abuse@chahiye.info
If your use of Chahiye results in the need for servicing or replacing equipment
or data, Chahiye is not responsible for those costs. You agree that your use of
this site is at your sole risk. The content and services provided by this site
are provided "as is". Chahiye makes no representations, warranties or
endorsements regarding the accuracy, reliability, usefulness or completeness of
the content of the site or any site linked to it, or that the site will be
error or virus free or continuously available. To the maximum extent
permissible by law, Chahiye disclaims all warranties, express or implied,
including but not limited to implied warranties of merchantability, fitness for
a particular purpose, or non?infringement. Chahiye does not warrant that this
site, any sites linked to it, or the server that makes it available is free of
computer "viruses."
8. Links
Chahiye may contain links to other sites (by means of a
hyperlink, banner or button). While visiting another site, you are subject to
the privacy rules and regulations of the site you are visiting. You acknowledge
that Chahiye has not developed these sites and therefore has no influence on,
and takes no responsibility for, the content of such sites.
9. No Resale or Unauthorized Commercial
Use
You agree not to resell or assign your rights or obligations
under these Terms of Use. You also agree not to make any unauthorized
commercial use of Chahiye.
10. Indemnity
10.1 You agree to defend, indemnify, and hold harmless Chahiye,
its Talent Scouts, its affiliates, and their respective officers, directors,
employees and agents, from and against any claims, actions or demands,
including without limitation reasonable legal and accounting fees, alleging or
resulting from: (a) any User Content or other material You provide to Chahiye,
(b) your use of any Chahiye, or (c) your breach of the terms of these Terms of
Use.
10.2 The Company shall provide notice to you promptly of any
such claim, suit, or proceeding.
11.
Severability and access
11.1 Should one aspect of the terms and conditions become
invalid (or be declared invalid) the remaining terms and condition in will be
no less valid. Chahiye will then implement a suitable condition to replace the
invalid condition in complaisance with remaining conditions.
11.2 Access to Chahiye may not be legal by certain persons
or in certain countries. If you access Chahiye from outside India, you do
so at your own risk and are solely responsible for compliance with the laws of
your jurisdiction.
12. Governing Laws and Jurisdiction
12.1 If any disputes arise regarding your use of our Site,
such disputes shall be resolved in accordance with the laws of India and in the
Courts located in Delhi, India, without giving effect to the principles of
conflicts of law thereof.
Section
2 A. Specific information for employers
13
The articles in this part as well as in section 1 apply to you if you are an
employer and Chahiye has contracted as a recruitment services provider with
you.
13.1 You agree that Chahiye can post jobs released by you to
Chahiye on our website. By entering into a contractual agreement with Chahiye, you
permit Chahiye to place the information concerning the jobs on this site.
13.2 It is absolutely forbidden to advertise jobs pertaining
to any illegal services, including but not limited to
(a) Body parts, weapons, illegal drugs, immoral material of
any kind, stolen and smuggled goods, products that do not have the government
certificate
(b) Any thing that is illegal according to Indian law and
culture
Chahiye reserves the right to remove such openings as soon
as we discover a breach.
13.3 Chahiye reserves the right to withdraw, without notice,
any Job Posting that may be in breach of any clause of these terms of use or of
any law or regulation governing this site.
13.4 Based on the job posted by you, Chahiye will forward
relevant resumes to you. You agree that all information obtained will only be
used for the purpose of obtaining potential employees.
14. Payment
14.1 Chahiye reserves the right to change our service fee or
institute new charges or fees, as appropriate, for our recruitment services. In
case you fail to pay the service fee or any other fees or charges due to Chahiye,
Chahiye reserves the right to suspend or terminate your Job Postings from the
site for any reason.
15. Limitation of Liability
15.1 Chahiye will use all reasonable efforts to ensure the authenticity
of the resumes we forward to you .However, ?Chahiye disclaims responsibility for any
direct damage or loss originating from shortcomings or faults regarding to the
correctness, completeness and timeliness of the resumes it sends.
B Specific information for Talent Scouts
The articles in this part as well as in section 1 apply to
you if you wish to sign up as a Talent Scout and either apply or refer friends
to jobs on the Chahiye Jobs platform:
16. CV's and Personal Information
16.1 In case you have saved your personal details and also
uploaded your resume on Chahiye, you give full rights to Chahiye to use and
propagate the information provided by you to facilitate the process of
short?listing, recruiting, training and development by an employer or for any
other benefit that Chahiye deems suitable for you for your assistance.
16.2 Chahiye reserves the right to decline to distribute or
forward, or to suspend or remove your information or CV accepted by it. Chahiye
also reserves the right to refuse, withdraw, or require to be amended, your
information or CV which is illegal, immoral, obscene or offensive so as to
comply with the legal or moral obligations placed upon Chahiye or to avoid
infringing a third party's rights or any statutory or regulatory requirements
or is designed to or is likely to cause disruption to any computer system or
network.
16.3 You agree that the details and CV you store on Chahiye
is true and accurate information of your education, employment, and training
history and that your personal profile is correct. You also agree that if any
of the information stored on Chahiye for the purposes of securing employment is
found to be incomplete, false or inaccurate in any way, Chahiye reserves the
right to remove those details and/or suspend the use of your services on
Chahiye and also suspend the payout due to you because of your successful
referrals.
17.
Applications and Applications Forms
17.1 You agree that you will fully read and understand the
requirements of a job advertised on the Chahiye to which you make an
application or a referral. You also agree that you will not indiscriminately
spam Chahiye with referrals or applications.
18. Limitation of Liability
18.1 Jobs posted on Chahiye are based on our agreements with
clients. Business realities at the client may change and those are outside of
Chahiye?s control. We post job details on our website based on our best
understanding of the client requirement. Therefore, Chahiye is not in any way
to be held liable for any inaccuracy or omission on any jobs details displayed,
or any actual or perceived loss or damage. Any queries regarding to a vacancy
can be made directly with the employer via the contact details provided in the
site. If applying / referring for a vacancy, any subsequent contracts or
agreements you (or your referred candidate) enter into are between you (or your
referred candidate) and the employer and you should assure yourself of the
validity and accuracy of any vacancy details appearing on the website before
doing so.
18.2 It is at the sole discretion of the employer whether
they pursue your application /referral or respond to a request. Therefore, no
guarantee is made by Chahiye that your application / referral will be
successful or responded to.
18.3 Any contact you make with an employer through Chahiye
is deemed to have been authored only by you; therefore you are responsible for
the content of any such communication.
18.4 It is an employer's responsibility to respond to your
application and/or requests. Chahiye is not in any way to be held liable for
any emails sent either by you or generated from the website that are delayed,
incorrectly quarantined, detected as spam, or otherwise do not reach their
destination. It is your responsibility to check that any such email has reached
its destination as intended. Equally, Chahiye is not in any way to be held
liable for any postal applications that are delayed or fail to reach their
destination. For any service enquires and/or complaints please contact scout@chahiye.info
18.5 Chahiye gets paid by our clients for successfully
placing candidates against the job requirements at the client. These fees
normally vary between 8.33% - 16.66% of the annual fixed compensation of the
hired candidate. Chahiye normally receives our fees within a couple of months of
the candidate?s joining the client organization. Chahiye?s payments to you as a
Talent Scout are contingent upon Chahiye receiving these fees from the client.
Chahiye is not liable for any payments owed to you that are caused by either
(a) A delay in a payment from the client to Chahiye
(b) A non-payment from the client to Chahiye
(c) A reduced payment from the client to Chahiye
(d) Any other like condition
18.6 Chahiye signs a legally binding contract with our
clients which states that we are liable to find them a replacement free of cost
in case the hired candidate leaves before a certain period from the date of
joining. In such a case, you will be legally bound to return the referral
reward given to you by Chahiye because of your successful referral who was
placed.
C Specific information for jobseekers
The articles in this part as well as in section 1 apply to
you if you have either been referred by a Talent Scout to a job on the Chahiye
network or have applied to a job (by submitting your details / resume) that a
friend has emailed you about:
19. CV's and Personal Information
19.1 In case you have submitted CV on Chahiye, you give full
rights to Chahiye to use and propagate the information provided by you to
facilitate the process of short?listing, recruiting, training and development
by an employer or for any other benefit that Chahiye deems suitable for you for
your assistance.
19.2 Chahiye reserves the right to decline to distribute or
forward, or to suspend or remove your information or CV accepted by it. Chahiye
also reserves the right to refuse, withdraw, or require to be amended, your
information or CV which is illegal, immoral, obscene or offensive so as to
comply with the legal or moral obligations placed upon Chahiye or to avoid
infringing a third party's rights or any statutory or regulatory requirements
or is designed to or is likely to cause disruption to any computer system or
network.
19.3 You agree that the details and CV you submit on Chahiye
is true and accurate information of your education, employment, and training
history and that your personal profile is correct. You also agree that if any
of the information stored on Chahiye for the purposes of securing employment is
found to be incomplete, false or inaccurate in any way, Chahiye reserves the
right to remove those details and/or suspend the use of your services on Chahiye.
20.
Applications and Applications Forms
20.1 You agree that you have fully read and understood the
requirements of a job advertised on the Chahiye (that may have reached you
through a Talent Scout referral) to which you make an application. You also
agree that your skills and qualifications meet the requirement of the employer
on Chahiye.
21. Limitation of Liability
21.1 Chahiye takes reasonable precaution to verify Jobs
posted on our platform for accuracy or authenticity. The details of jobs
appeared on Chahiye do not constitute any kind of approval made by Chahiye.
Therefore, Chahiye is not in any way to be held liable for any inaccuracy or
omission on any jobs details displayed, or any actual or perceived loss or
damage. Any queries regarding to a vacancy can be made directly with the
employer during the application / interview process. If applying for a vacancy,
any subsequent contracts or agreements you enter into are between you and the
employer and you should assure yourself of the validity and accuracy of any
vacancy details appearing on the website before doing so.
21.2 It is at the sole discretion of the employer whether
they pursue your application or respond to a request. Therefore, no guarantee
is made by Chahiye that your application will be successful or responded to.
21.3 Any contact you make with an employer through Chahiye
is deemed to have been authored only by you; therefore you are responsible for
the content of any such communication.
21.4 It is an employer's responsibility to respond to your
application and/or requests. Chahiye is not in any way to be held liable for
any emails sent either by you or generated from the website that are delayed,
incorrectly quarantined, detected as spam, or otherwise do not reach their
destination. It is your responsibility to check that any such email has reached
its destination as intended. Equally, Chahiye is not in any way to be held
liable for any postal applications that are delayed or fail to reach their
destination. For any service enquire sand/or complaints please contact support@chahiye.info
Section 3: The articles in this section apply are additional to the above
sections.
1.
GOVERNING LAW
This Agreement shall be governed by and construed and
enforced in accordance with applicable laws of India without regard to any
principles governing conflicts of laws.
Each of the parties hereby agrees to and irrevocably submits
to the jurisdiction of the courts of competent jurisdiction situated in New Delhi and consents to
service of process issuing out of such courts in any such action or proceeding
by the mailing of copies thereof by registered mail, postage prepaid, to it.
The foregoing shall not limit the right of a party to serve process in any
other manner permitted by law.
2.
CONFIDENTIALITY
The parties agree and undertake that the provisions of this
Agreement or the transactions contemplated by it shall be kept confidential by
each of them and shall not be disclosed to any person or entity, without the
prior written consent of the other parties.
3.
COSTS OF DISPUTE RESOLUTION
If any action in connection with the performance, breach or
interpretation of this Agreement shall be instituted, then the prevailing party
(ies) in such action as determined by the arbitrator(s) or court having
jurisdiction, shall be entitled to recover from the losing party (ies) in such
action all reasonable costs and expenses of such action, including attorneys'
fees.
4.
MODIFICATIONS/VARIATIONS
No variation or modification of this Agreement shall be
binding on any party unless, and to the extent that such variation is mutually
agreed and recorded in a written document executed by all the parties.
5.
COUNTERPARTS
This Agreement may be executed in any number of counterparts
and by facsimile or by accepting the same on the Internet website with the same
effect as if the signatures thereto were in original and on one instrument.
6.
SUCCESSORS AND ASSIGNS
This Agreement shall inure to the benefit of, and be binding
on, the parties and their respective successors. No party may assign or
transfer, whether absolutely, by way of security or otherwise, all or any part
of its respective rights or obligations under this Agreement without the prior
written consent of the other parties hereto.
7.
FORCE MAJEURE
No party to this Agreement is liable to any other party for
losses due to, or if it is unable to perform its obligations under the terms of
this Agreement because of, acts of God, fire, floods, strikes, equipment or
transmission failure, or other causes reasonably beyond its control. If any
party is prevented by any cause specified above from performing its obligations
under this Agreement, such party shall promptly notify the other party in
writing of the same. The time for any party's performance shall be extended for
the period that the cause continues to operate.
8.
SEVERABILITY
Any provision of this Agreement which is prohibited or
unenforceable in any jurisdiction shall, as to that jurisdiction, be
ineffective to the extent of such prohibition or un enforceability and shall be
severed from the balance of this Agreement, all without affecting the remaining
provisions of this Agreement or affecting the validity or enforceability of
such provision in any other jurisdiction.
9.
?INTERPRETATION & CONSTRUCTION
(a) the singular includes the plural (and vice versa);
(b) headings are for convenience only and do not affect the
construction of this Agreement;
(c) references to Clauses and Schedules are to Clauses and
Schedules to this Agreement;
(d) reference to any agreement or document includes
amendments and replacements of and supplements to such agreement or document;
(e) references to any person include successors of such
person and its permitted assignees and transferees; and
(f) all references to an account include all replacement
accounts for such account.
10.
ARBITRATION
All disputes or differences arising between the parties
hereto in connection with this agreement shall be settled amicably. In the
event of failure to arrive at an amicable settlement, the dispute or difference
shall be referred to a sole arbitrator nominated by the parties by mutual
consent. If the parties cannot agree to a sole arbitrator, then both the
parties shall each appoint an individual arbitrator and the said two
arbitrators will then appoint an umpire. The arbitration shall be conducted in
accordance with the Arbitration and Conciliation Act, 1996 or any statutory
modification or reenactment thereof .The arbitration will be conducted in
English language and will be held in Delhi. The award passed by the
arbitrator/s shall be final and binding on the parties and costs shall be
borne, as the arbitrator/s shall direct.
11
MISCELLANOUS
A. If these Conditions shall in whole or in part be held to
be illegal or unenforceable, that condition or the relevant part thereof shall
to that extent be deemed not to form part of these Conditions and the
enforceability of the remainder of these Conditions shall not be affected.
B Chahiye may modify these Conditions from time to time. Your
continued use of the Services after such changes have been notified to you or
published on any part of the Chahiye Website, shall be deemed an agreement by you
to these Conditions as so modified.
C. Any communication in connection with these Conditions
must be in writing and be delivered personally, or by post, facsimile or e?mail
to such address as the recipient may have notified to the other party. Proof of
posting or despatch of any notice or communication to a party shall be deemed
to be proof of receipt:
1. in the case of a letter posted in India] and addressed to another address in India], on the
fifth working day after posting;
2. in the case of facsimile, when confirmed by an activity
report indicating that the correct number of pages was sent to the correct
facsimile number and that such facsimile message was well?received; and
3. in the case of e?mail to Chahiye where such e?mail has
actually been received by a person designated by the Chahiye to receive such
message and such message is in a format readily decipherable by the Chahiye?s
message or information system.
D. These Conditions and any agreement comprising these
Conditions shall be interpreted and enforced in accordance with Indian Law. You
hereby consent to submit to the non?exclusive jurisdiction of the Indian law .
E. Any failure by Chahiye to exercise or enforce any of its
rights or any of the provisions of these Conditions shall not constitute a
waiver of such right or provision unless agreed to by Chahiye in writing.
F. The electronic records of transactions, confirmations,
communications and messages and such other documents relating to or in
connection with the Services which are kept, stored and/or maintained by Chahiye
shall be conclusive evidence of the contents thereof.
G. You agree to the admission, as evidence in any court of
law in India,
any electronic records mentioned in clause 13.6, these Conditions in the form
of electronic records, and any copies or computer output thereof. You further
agree that such electronic records, copies or computer output are admissible in
any court of law in India
or any other proceedings as original documents and you agree not to challenge
or dispute their admissibility, authenticity or accuracy in any proceedings.