Terms of Use

 

The domain name www.energyjobz.com (“Website” or “energyjobz.com”) is owned by Energyjobz Services Pvt. Ltd. (“Company”), a private company incorporated under the Companies Act, 1956 with its registered office at Shah and Nahar Industrial Estate, Unit No. 155, A1, Sitaram Jadhav Marg, Lower Parel (West), Mumbai-400013.

 

The use of the Website and its services and tools are governed by the following terms of use (“Terms”). The user should read the Terms and Privacy Policy (this will be a link) carefully before using the Website. By using the Website, users signify their agreement to be bound by the Terms and Privacy Policy, as amended from time to time. The Terms are electronic records and do not need to be physically signed.

 

When a user uses any of the services provided by the Website the user will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into these Terms and shall be considered as part and parcel of these Terms. The Website reserves the right to change, modify, add, remove or substitute these Terms, at any time without any prior written notice to the user, at its sole discretion. It is the user’s responsibility to review these Terms periodically for updates and changes. The use of the Website following such changes, modifications, additions, removals or substitutions will mean that the user accepts and agrees to the revisions.

 

Facilitation Platform

 

The Website is a platform that users utilize for availing the services provided by the Website and to interact and communicate with one another for their transactions. The Website is not and cannot be a party to or control in any manner any transaction between the Website's users. All commercial and contractual terms are offered by and agreed to between the jobseeker (“Job Seeker”) and the recruiter (“Recruiter”).

 

The Website is only a platform that can be used, within India and across the globe, by users to reach a larger base to search jobs and hire suitable Job Seekers. Users may upload information of their resumes, images, vacancies and job requirements on the Company’s online platform. The Website is a public site and the Company does not guarantee and assumes no liability for the genuineness or correctness of responses or information uploaded on the Website. The Company is only providing an online platform through the Website and cannot monitor the communications that a user may receive in response to information the user has displayed on the Website. The Job Seeker and Recruiter should conduct their own background checks in respect of the bona fide nature of all job posts and resumes. The Company or the Website shall not be liable for any inaccuracy of information displayed on the Website.

 

Membership Eligibility

 

Use of the Website is available only to persons who can enter into legally binding contracts under the Indian Contract Act, 1872. Persons who are incompetent to contract within the meaning of the Indian Contract Act, 1872 including minors, undischarged insolvents and persons of unsound mind, are not eligible to use or access the Website.

 

The Company reserves the right to refuse access to use the services offered through the Website to new users or to terminate access granted to existing users at any time without according any reasons for doing so.

 

User Account and Registration Obligations

 

The user may browse the Website without registering with the Website. The user has to subscribe to the services by setting up an account with the Website before availing any online services provided through the Website. Currently, the Website allows free subscription to the users to access the Website or avail the services, but reserves the right to charge users in future. The relevant charges will be displayed on the Website when levied.

 

A user can create one user account only and no user is permitted to transfer or interchange the user account.

 

On registration the user agrees to: a) the user’s resumes becoming searchable by Recruiters and other users of the Website; b) receive job alerts and other information relating to Recruiters, vacancies or otherwise via email; c) receive newsletters and promotional mailers or special offers through the Website and d) the user being contacted via email, telephone, message or post by Recruiter or other user directly or indirectly through its agents or representatives.

 

User responsibilities and covenants

 

The Website platform shall not be utilized to upload, post, email, transmit or otherwise make available either directly or indirectly, any unsolicited junk or bulk e-mail, spam or phishing email, or unsolicited commercial e-mail by any user. The Website reserves the right to filter, monitor and block emails sent by users using the servers maintained by the Website to relay emails.

 

The user is solely responsible for maintaining confidentiality of the user password and identification and all activities and transmissions performed by the user through the user account are the sole responsibility of the user.

 

The user of the Website specifically agrees to, at all times, comply with the requirements of the Information Technology Act, 2000 as also rules, regulations, guidelines, bye laws and notifications made thereunder or other applicable law, while accessing, feeding or uploading any resume and related documents or posting of any information or data through the user account on the Website. The user of the Website does further unequivocally declare that in case the user violates any provisions of the Information Technology Act, 2000 and rules, regulations, guidelines, byelaws and notifications made thereunder or other applicable law, the user shall alone be responsible for all of the user’s acts, deeds and things and that the user alone shall be liable for civil and criminal liability there under or under any other law for the time being in force.

 

Notwithstanding its reasonable efforts in that behalf, the Website cannot take responsibility or control the information provided by users which is made available on the Website. The user may find other user's information to be offensive, harmful, inconsistent, inaccurate or deceptive. Users should note that there could be risks in dealing with underage persons or people acting under false pretence.

 

The user shall not host, display, upload, modify, publish, transmit, update or share any information which:

 

  • belongs to another person and to which the user does not have any right to;

  • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, 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;

  • harms minors in any way;

  • infringes any patent, trademark, copyright or other proprietary rights;

  • violates any law for the time being in force;

  • deceives or misleads the addressee about the origin of such messages or communicates any information, which is grossly offensive or menacing in nature,

  • impersonate another person;

  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

  • 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 to any other nation.

 

The user shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, crawler, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. The Website reserves the right to bar and block any such activity.

 

The user shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website or gain access to secured sections of the Website. The user may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website, or any other person, including any account on the Website not owned by the user, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than user’s own information, as provided for by the Website.

 

The user agrees that user will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or the Website's systems or networks, or any systems or networks connected to the Website.

 

The user shall not make any negative, denigrating or defamatory statements or comments about the Company or the Website or the brand name or domain name used by it including the domain Energyjobz.com, or otherwise engage in any conduct or action that might tarnish the image or reputation of the Website or the Website's trade or service marks, trade name and goodwill associated with such trade or service marks and trade name as may be owned or used by the Website.

 

The user shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message sent to the Website by the user on or through the Website or any service offered on or through the Website.

 

The user shall not use the Website or any content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Website and others.

 

The user shall not engage in advertising to, or solicitation of, other users of the Website to buy or sell any products or services, including, but not limited to services related to those being displayed on the Website or related to the Company. In order to protect the users of the Website from such advertising or solicitation, the Website reserves the right to restrict the number of messages or emails which a user may send to other users in any twenty four (24) hour period which it deems appropriate in its sole discretion.

 

The user acknowledges that a subscription for usage entered into by user with the Website does not confer exclusivity of service on any such user.

 

Contents on the Website

 

All content notes, messages, emails, billboard postings, uploads, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information (“Content”) posted or uploaded on the Website by a user, is a third party user generated Content and the Website has no control over such third party user generated Content as the Website is merely an intermediary for the purposes of these Terms.

 

Notwithstanding any right, the user remains solely responsible for the Content posted or transmitted to or on the Website. Such Content posted does not necessarily reflect the Website’s views. In no event shall the Website assume or have any responsibility or liability for any Content posted or uploaded or for any actions, claims, damages or losses resulting from use of any such Content or appearance of such Content on the Website. The user posted or uploaded on the Website represents and warrants that the user has all necessary rights in and to all Content which is provided and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.

 

Solely to enable the Website to use the information supplied to it by the user for providing the services of the Website, the user grants a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to the Company to use the copyright, publicity, database rights or any other rights the user may have in the Content, in any mode, media or manner now known or developed in future, with respect to the provided, Content. The user agrees that the rights the user grants as above are irrevocable during the entire period of protection of the user’s intellectual property rights associated with such Content. The user agrees to waive the user’s right to be identified as the author of the Content and the user’s right to object to derogatory treatment of such Content. The user agrees to perform all further acts and execute deeds and documents necessary to perfect the above rights granted by the user to the Company.

 

The user agrees that if any Content provided by the user is untrue, inaccurate, not current or incomplete or the Website has reasonable grounds to suspect that such Content provided is untrue, inaccurate, not current, incomplete or not in accordance with these Terms or applicable law, the Website shall have the right to indefinitely suspend or terminate or block access of such user to the Website. Such act on the part of the user can accrue legal implications due to violation of laws not limited to criminal liability.

 

Except as expressly provided in these Terms, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including by mirroring) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without the Website's express prior written consent.

 

The user may use information on the services made available on the Website for downloading, provided that the user (a) does not remove any proprietary notice language in all copies of such documents, (b) uses such information only for personal, non-commercial informational purpose and does not copy or post such information on any networked computer or broadcast it in any media, (c) makes no modifications to any such information, and (d) does not make any additional representations or warranties relating to such information.

 

Job Seekers

 

The resume, insertion, information or data fed by the Job Seeker user can be updated by the user, free of cost. The user can upload only one resume at a given time along with any supporting documents such as copy of certificates, degrees, etc. from a single user account. There may be restrictions on the size of files that can be uploaded by a single user. Resumes are uploaded and displayed for a maximum period of one (1) year from date of uploading for one single account and this period is subject to change without notice. The Job Seeker may be sent an intimation email as and when the account remains inactive for a period of one (1) month or more, and the Job Seeker is requested to login to the account to avoid deactivation.

 

The Job Seeker is permitted to upload only one resume per account, although they may upload any supporting documents and certificates, videos, images and reference links to third party websites containing relevant information on the Job Seeker.

 

The Website has the right to make any modifications or editions of the resume and other data in order to fit the resume in its database. The Website also reserves the right to delete or reject any resume, insertion of information or data uploaded by the user without assigning any reason.

 

The Job Seeker is allowed to add modify or change the data or information fed in by the Job Seeker but cannot feed a resume, insertion or information or data of another person in place of the insertion or information or data already fed in by the Job Seeker.

 

The Website does not assure any user of currency or availability of the jobs displayed on the Website of any Recruiter.

 

The Website offers no guarantees or warranties that there would be a satisfactory response or any response at all once the resume, insertion, information or data is fed by the user. It shall be sole prerogative and responsibility of the user to check the authenticity of all or any response received pursuant to the resume, insertion, information or data being fed into the network system of the Website by the user, for going out of station or in station for any job opportunity or interview. The Website assumes no responsibility in respect thereof and expressly disclaims any liability for any act, deed or thing which the user may so do, pursuant to the receipt of the response, if any, to the resume, insertion, information or data being fed into the network system of the Website. The Website reserves its right to reject and delete any resume, insertion, information or data fed in by the user without assigning any reason.

 

Recruiters

 

The Website places information relating to job vacancies in the Hot Vacancies and such other classified sections of the Website. The Recruiter is permitted to place a job posting or advertising on the Website with details of the job, the desired profile of candidates and contact information of the Recruiter. These postings or advertisements are displayed on the Website for access and viewing by Job Seekers and other users.

 

Recruiters can post information of job vacancies for positions in India and abroad.

 

The vacancy information is displayed in the Hot Vacancies and other classified section of the Website for a period of six (6) months, and this period is subject to change without notice.

 

The Website offers neither guarantee nor warranties that there would be a satisfactory response or any response at all once the message is sent by the Recruiter.

 

This subscription is not transferable i.e. it is for the same person throughout the period of subscription. The Recruiter undertakes to the Website that there will be no fee charged from any person who responds to jobs advertised on the classified section of the Website for processing of applications and responses from such person.

 

The Website reserves its right to change the look, feel, design, prominence, depiction and classification of the classified section of the Website at any time without assigning any reason and without giving any notice to the Recruiter.

 

The Recruiter can provide multiple user id’s, up to a maximum of 2 (two) email id's for vacancies posted on the Website to collect responses, if any.

 

All information of the Recruiter posted on the Website becomes public knowledge and the Website may at its sole discretion include the vacancy details of the Recruiter for display on the Website in any other media and the Company shall not be held liable for usage or publicity of such information.

 

The Recruiter undertakes and represents to the Company that the job vacancies advertised posted or uploaded on the Website are in existence and genuine and that the Recruiter has the authority to advertise such job vacancies.

 

The Recruiter agrees and accepts that the Website database shall not be used:

 

  • for any purpose other than for advertising genuine job vacancies in organisations;

 

  • to make unsolicited phone calls or send unsolicited mail, email, or newsletters or communications to Job Seekers or to contact any individuals unless they have agreed to be contacted; or

 

  • to source Job Seekers or to contact Job Seekers in regards to career fairs.

 

Third Party Websites

 

The Website may contain links to other websites and the Website is not in any way responsible for the terms of use or content of such websites and expressly disclaims all liability associated with the content and use these websites. The linked websites are not under the control of the Company and users are encouraged to read the terms of use and privacy policy of each and every linked website. If users decide to access any of the third-party websites linked to the Website, it is at the risk of the users to access and use such linked websites and the Company shall not be responsible in any manner whatsoever.

 

Intellectual Property

 

All Content included on the Website including text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Company, its affiliates, or its content suppliers and is protected by India and international copyright, authors' rights and database right laws. The compilation of all Content on the Website is the exclusive property of the Company, its affiliates, associates or its content suppliers and is protected by laws of India and international copyright and database right laws. All software used on this Website is the property of the Company, its affiliates, associates or its software suppliers and is protected by India and international copyright and author' rights laws.

 

The Company grants the user a limited licence to access and make personal use of this Website, but not to download (other than page caching or otherwise provided in these Terms) or modify it, or any portion of it, except with express written consent of the Company. This licence does not include any resale or commercial use of the Contents of the Website; any collection and use of any listings, or descriptions, any derivative use of this Website or its Contents; any downloading or copying of account information for the benefit of another user or person.

 

The trademarks, logos and service marks displayed on the Website ("Trademarks") are the property of the Company or its affiliates, associates or its content suppliers or users or respective third parties. Users are not permitted to use the Trademarks without the prior consent of the Company, its affiliates, or its content suppliers or users or the third party that may own the Trademarks.

 

The Company owns all intellectual property rights in the trademark Energyjobz www.Energyjobz.com and the Website, including, without limitation, all right, title and interest in the copyright, related rights, patents, utility models, designs, know-how, trade secrets, patents, inventions, goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.

 

The users agree that they shall not use or apply for registration of any marks, or domain names which are similar to the trademarks or domain names used in connection with the Website or owned by the Company.

 

A user shall not use, reproduce, modify, amend, transmit, broadcast, edit, revise, view, adapt, translate, distribute, perform, exhibit, sell or otherwise deal with content or the intellectual property rights of the Website or content suppliers or third parties in any mode medium or manner now known or developed in future without authorization from the Company and on happening of any such event the Company reserves the right to immediately discontinue the Website services to such user without prejudice the right of the Company to initiate legal action against such user.

 

The users are strictly prohibited from framing or use framing techniques to enclose any content or intellectual property on the Website to illegally and unlawfully exploit the Content or intellectual property rights owned by the Company or content suppliers or third party as the case is.

 

Disclaimer

 

The user expressly agrees that the use of the Website is at the user’s sole risk. The Website and the Contents uploaded or provided or shared by other users are made available to the user through the Website on an "as is" basis and "as available” basis without any warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability or fitness for a particular purpose or the legality of the products listed or displayed or transacted to the extent permitted by applicable Indian law and the Company does not accept any liability for any errors or omissions.

 

The Company through the Website only provides a platform that the users utilize to communicate and transact with one another. The Website does not endorse any Recruiter or Job Seeker details displayed on the Website or views expressed or information uploaded by any user. In no event the Website is liable for any Content, information, materials or services available through the Website. The Website is not to be considered as a Recruiter and the Website shall not be responsible for any employment decisions, for whatever reason, made by any entity posting job vacancies on the Website.

 

The Website does not warrant that the Website or network system linked to it or the services will be uninterrupted or free of any errors nor does it warrant that it will be free of any bugs, virus, computer contaminant, worm, malaware or other harmful software or components system failures, malfunctions or otherwise.

 

In addition to these Terms and the Privacy Policy applicable to the Website, the user understands and agrees that the Company may disclose to third parties, on an anonymous basis, certain aggregate information contained in the user registration application. The Company may disclose to any third party the name, address, e-mail address or telephone number to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant.

 

The Website 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 or their information 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.

 

If any Recruiter has any objections to any of the job posting, vacancy or content displayed in relation to such Recruiter on the Website, then the Recruiter may contact the Website and request for removal of the posting. The Website shall make all reasonable endeavours to remove such content in coordination with the Recruiter accordingly.

 

The Website neither guarantees nor offers any warranty about the credentials, bonafide status or otherwise of the prospective Recruiter that downloads the resume, insertion, information or data and uses it to contact the user. The Website would not be held liable for loss of any data technical or otherwise, or of the resume, insertion, information, data or any particulars supplied by any user or for any other loss or damage caused, incurred or suffered by any user due to reasons beyond the Website’s control like corruption of data or delay or failure to perform as a result of any causes or conditions, including but not limited to force majeure events such as strikes, riots, civil unrest, Government policies and restrictions, tampering of data by unauthorized persons like hackers, system failures, malfunctions, distributed denial of service attacks, virus attacks, bugs, worms, malaware, war and natural calamities.

 

When the user deletes any kind of information, the removed content may continue in backup copies.

 

Limitation of Liability

 

To the maximum extent permitted by applicable law, the Company will not be liable in relation to user content arising under intellectual property rights, libel, privacy, publicity, obscenity, tort or other laws. The Company also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content.  

 

In no event shall the Website be liable for any special, incidental, indirect or consequential damages of any kind in connection with these terms of use, even if user has been informed in advance of the possibility of such damages.

 

Indemnity

 

The User agrees to indemnify and hold harmless the Company including affiliates and their respective owners, directors, shareholders, employees, agents, and representatives from and against all actions, proceedings, claims, losses, damages, losses and costs (including attorney fees) and other expenses suffered or incurred due to or attributable to or arising out of (a) violation of any applicable law; (b) breach of any representations, warranties or covenants of the user; (c) breach of the policies, guidelines and conditions of the Company’s service or these Terms or Privacy Policy (including any modifications or additional notifications or instructions); and (d) infringement of any third party rights. This clause survives the termination of these Terms.

 

Termination

 

The Company reserves the right to terminate the services provided to any user without prior notice if any default is committed by user such as breach of any applicable law, policies, guidelines and conditions of the Website’s service or these Terms or the Privacy Policy (including any modifications or additional notifications or instructions). On such termination, the user’s information and other details shall be black listed by the Website and shall be taken into consideration whenever necessary and all Contents, reviews, comments or other material posted on the Website by the user shall be removed from the Website. Even after the termination of the services provided to the user through the Website, the user’s personal information would reside in the database of the Website for a certain period of time.

Miscellaneous

 

Severability:

 

Each of the provisions in these Terms is severable and distinct from the others and if at any time one or more such provision is or becomes invalid, illegal or unenforceable, only such invalid, illegal or unenforceable provision shall be severed and the validity, legality and enforceability of the remaining provisions of these Terms shall not in any way be affected or impaired thereby.

 

Captions and headings:

 

The various captions and headings used in these Terms are for only convenience purpose and shall not be used to interpret the provisions thereof. In case of any conflicts regarding the captions or headings and the related text, the text will prevail.

 

Partial Invalidity:

 

If any provision of these Terms is declared to be illegal, invalid, or unenforceable under any present or future applicable Indian law in force, (a) such provision will be completely severable; (b) these Terms will be construed and enforced as if such illegal, invalid, or unenforceable provision was never a part hereof; (c) the remaining provisions of these Terms will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance; and (d) in lieu of such illegal, invalid, or unenforceable provision, there will be substituted by the Company a legal, valid, and enforceable provision to the extent applicable.

 

Notices:

 

For purposes of service messages and notices about the services to user, the Website may place a banner notice across its pages to alert the user to certain changes such as modifications, additions and deletions to these Terms. Alternatively, notice may consist of an email from the Website to the user. The user agrees that the Website may communicate with the user through the user’s account or through other means including email and telephone. The users are required to update their settings regularly to ensure that the Website’s service messages and notices are received by the users timely and accurately.

 

The Company including affiliates, associates and their respective owners, directors, shareholders, employees, agents, and representatives shall have no liability for the non receipt of the Website’s service messages and notices.

 

Any user may contact the Company in the following address:

 

To

Mr. Kaushal Shah

Designation: Director

Address: Shah and Nahar Industrial Estate, Unit No. 155, A1, Sitaram Jadhav Marg, Lower Parel (West), Mumbai-400013

Email: Kaushal@energyjobz.com

 

Assignment

 

The user shall not assign its rights or obligations under these Terms or the Privacy Policy to a third party.

 

Governing Law and Jurisdiction

 

All interaction and services of the Website are governed by the laws of Republic of India.

 

All disputes arising out of the transactions between a user and the 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 Mumbai alone.

 

Contact incase of rights infringement or grievance

 

If any user believes that any objectionable content is hosted on the Website or the user’s rights are being infringed, the user should immediately inform the Grievance Officer by following the Website’s notice procedure stated below. The Website will endeavor to remove such content as soon as possible after investigation.

 

Notice Form

 

By email

 

To,

Grievance Officer,

care@energyjobz.com

 

Dear Sir,

 

Re: www.energyjobz.com

 

I, [INSERT FULL NAME AND TITLE] of [COMPANY NAME, IF APPLICABLE], state as follows:

 

  1. I am ______________________ and my contact details are _______________________

 

  1. The following content is objectionable or violates the intellectual property rights for the reasons below:

 

  1. Please remove the aforesaid objectionable or infringing content for the reasons aforesaid.

 

I state that the information in this notification is true and correct and that I am the intellectual property owner or authorised to act on behalf of the intellectual property owner for the rights described above.

 

Signed:

 

Dated:

 

 

Contact Grievance Officer

 

In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided as below:

 

Name: Mr. Kaushal Shah

Address: Shah and Nahar Industrial Estate, Unit No. 155, A1, Sitaram Jadhav Marg, Lower Parel (West), Mumbai-400013

Email: care@energyjobz.com

 

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