Terms of Use

Defined Terms

Company: Is defined as Kelsa Info Comm Services private limited an existing company registered under the companies act 1956.

We, Us, JobsByRef.com, Kelsa Info Comm: Company

Site: JobsByRef.com and associated services provided by Kelsa Info Comm Services Private Limited.

User: Is either a job seeker or an Employer or Placement agency or any other person/entity who avails of any service of the Company whether or not registered on www.JobsByRef.com and includes his/her successors and permitted assignees.

You: User

General

This document provides the Terms of Use ("Terms of Use") of JobsByRef.com

JobsByRef.com is the online job search and hiring service of Kelsa Info Comm Services Privated Limited ("Kelsa Info Comm").

This Agreement shall constitute the complete and exclusive agreement between the parties with respect to the subject matter hereof, superseding any prior agreements, documents and or communications regarding such subject matter.

Any and all use of this site or any of its subdomains ("Site") is subject to Your compliance of the terms and conditions listed hereunder. Please read this Terms of Use carefully before using this Site. If you do not agree to all of these Terms of Use, please do not use this Site or any of the service provided by this Site. By accessing this Site, you agree to be bound these Terms of Use, including the privacy policy located at http://www.jobsbyref.com/about/privacy-policy.php.

You agree that by registering on this Site, or by clicking on an "I accept the terms of use" or similar link when registering for or accepting any services on the Site or provided by Kelsa Info Comm, you are acknowledging that you have read, understood and agreed to be bound by these Terms of Use, and that such actions constitute your agreement thereto and acceptance thereof. If you do not agree to any of these Terms of Use, you may not access or otherwise use the Site.

Kelsa Info Comm reserves the right to change the Terms of Use at any time without prior notice. Any changes made by Us will become effective immediately upon being published on this Site. You agree that your continued use of the Site and/or the services after such modifications have been posted constitutes your acceptance of the revised changes. Visit this page periodically to review such changes as you are bound by the most current Terms of Use.

Eligibility

You must be 17 years of age or older to use the Site and/or any of the services provided therein in any way. You represent that you are not a minor and are not under any legal or other disability which limits your ability to comply with these Terms of Use.

Access to the Site

Kelsa Info Comm reserves the right to modify, alter, in any way modify or discontinue any services or content provided by Kelsa Info Comm with or without notice to the you. You acknowledge and accept that Kelsa Info Comm does not guarantee continuous uninterrupted service or access to the Site and operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

Applying for a job

Kelsa Info Comm is not in any way responsible for any consequences of you applying for a job through the vacancies listed on our site. Please do thorough research before applying. We take utmost care in publishing jobs on this site but you are advised to check official websites.

While every care has been taken to avoid mistakes and errors on the web pages, Kelsa Info Comm shall not be liable to any person in any manner whatsoever by reason of any error or omission which might have crept in unintentionally.

Intellectual property

You acknowledge and agree that all copyright and/or know-how and/or any other related intellectual property rights to the Service or Site or Service shall become and remain the sole and exclusive property of the Company and the User shall have no claims to the same. In the event the User has contributed any content to JobsByRef.com in any manner whatsoever, all intellectual property rights to the same shall become the absolute property of the Company, and the User shall have no right or claim over the same, in any manner whatsoever. In the event that the User during the term of his Agreement or any time thereafter, uses such intellectual property in any other website or related activity, the same shall be considered as an infringement of the intellectual property rights of the Company and the Company shall have the right to take recourse to whatever legal remedial action is required, in the given facts and circumstances, the costs and peril of which will lie at the end of the User.

Any use of Company materials including reproduction, modification, distribution, or replication, any form of data extraction or data mining or other commercial exploitation of any kind without prior written permission of an authorized officer of the Company is strictly prohibited. You agree that you will not use any robot, spider, or other automatic device or manual process to monitor or copy our website, Company material or any third-party content available on the Company's websites.

By posting Your content to any public area of the Site, including without limitation, message boards, blogs, Wiki, profiles, forums, contests and chat rooms, or by otherwise submitting or transmitting any such Content to us:

• You acknowledge, represent and warrant that such Content is original to you and that no other party has any rights thereto, or that you have the necessary licenses, rights, consents and permissions to furnish and/or license such Content and submit it to Site, and that any "moral rights" in having the Content edited, removed, modified, published, transmitted or displayed in a manner not agreeable to you have been waived; and
• You automatically grant to the Company and its affiliates a royalty-free, non-exclusive, transferable, irrevocable right and worldwide license to use, copy, reproduce, modify, adapt, publish, translate, communicate to the public, perform, display and distribute such content, and to prepare derivative works of, or incorporate into other works such content in connection with the marketing and promotion of JobsByRef.com and or for any other purpose, in the company's discretion. We cannot be responsible for maintaining any Content that you provide to us, and we may delete or destroy any such Content at any time.

Confidentiality

User shall be solely responsible for maintaining the confidentiality of their account and passwords. The User shall be solely responsible for all activities happening under his/her Username whether authorized or not. User agrees to immediately notify the Company of any unauthorized use of your Account and Password.

Use of information

The Company reserves the right to store and process the personal information provided by the User in India or any other country where the Company or its agents/representatives/affiliate companies maintain storage and processing facilities and the User by using the services herein consents to any such transfer and processing of information within and outside India without prior notice.

Use of Site

• The email address that you provide at the time of registration or subsequently must be a valid email address and belong to you. Your access to the Site will be subject to your email being verified by us.
• The User shall be solely responsible for all information retrieved, stored and transmitted through the Service by him.
• The User understands and agrees that he shall at all times comply with the requirements of Information Technology Act 2000 as well as all rules, regulations, guidelines, bye laws and notifications made thereunder.
• The User hereby expressly agrees that the Company has performed and complied with the requirements of Information Technology Act 2000 as well as all rules, regulations, guidelines, bye laws and notifications made thereunder.
• Company authorizes members to view and access a single copy of the content available on or from the Site solely for their personal use. You will be responsible for ensuring that anyone accessing the Site through your internet connection complies with this Terms of Use. Only one individual may access the Site at the same time using the same email or password, unless prior permission has been granted in writing by the Company.
• The User agrees that any and all data including but not limited to the details about your educational qualifications, employment records, contact information that you provide on the Site is accurate and does not contain any false, fraudulent, distorted or misleading information.
• The User confirms that he has obtained all licences and permits which are necessary for posting and uploading a job listing on the company’s website.

Personalized and Public Feeds

JobsByRef.com offers two types of Feeds:

• The first are personalized Feeds, which provide information about your JobsByRef.com account. To obtain a personalized feed, you must log into your JobsByRef.com account. By obtaining personalized Feeds and using them in a non-jobsbyref.com website or feed reader application, you are agreeing to send information from your JobsByRef.com account to that non-JobsByRef.com website or application.
• The second type of Feeds available from JobsByRef.com are public Feeds, which provide general job feeds and other general information without personalization to the JobsByRef.com user.

By using or obtaining a Feed, you accept and agree to be bound by the Terms of Use for Sending or Receiving Feeds.

Prohibited use

• Users are prohibited from using any automated programming on the Site for any purpose whatsoever as this is contrary to the nature of our services and not permitted.
• Users are also prohibited from violating or attempting to violate the security of Site, including, without limitation the following activities:
• accessing data not intended for such User or logging into a server or account which the User is not authorized to access;
• attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
• attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to web-site, overloading, "flooding", "spamming", "mailbombing" or "crashing";
• sending unsolicited e-mail, including promotions and/or advertising of products or services, or
• forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
• Users are prohibited from spamming other members of the Site.
• User are prohibited from using the resume or other details of a member for any purpose other than for the sole purpose of recruitment.
• User is prohibited from posting of any content which provides the following and/or has the effect of the following. The list below is for illustration only and is not a complete list of all prohibited User Content. The User Content:
  • is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • contains links to restricted or password only access pages, or hidden pages or images;
  • harasses, incites harassment or advocates harrassment of another group or individual;
  • involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
  • promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory, libelous or which amounts to contempt of any judicial authority;
  • promotes or endorses an illegal or unauthorized use of any copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;
  • displays or links to obscene, indecent pornographic, material of any kind;
  • provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating someone's privacy, or provides or creates computer viruses or pirating any media; and solicits passwords or personal identifying information from other Users;

Payment

The User shall promptly make the payment to the Company towards the Subscription Fees as and when it becomes payable.

When Subscription fee accrues it shall be paid/ payable at or within such time as stated in the invoice(s) raised by the Company on the User.

The Subscription Fees shall be paid by the User on demand. In case the user disputes the same for any reason whatsoever, he shall make the payment towards the Subscription Fees accrued subject to the decision of the Company on the dispute. In the event of Company deciding the dispute in User’s favour, the Company shall refund to the User any excess amount paid by the User without any interest.

In case of any delay in the payment by the User of any sums due under this Agreement, the Company shall have the right to charge interest on the outstanding amount from the date the payment became due up to the date of final payment by the User at the rate of 24 % p.a.

All subscriptions will automatically renew to preserve continuity. If You would like to cancel your subscription and not be charged for renewal, You must cancel before your renewal date, or your subscription will be renewed at our current offering price.

Disclaimer of Warranties

KELSA INFO COMM HAS NO CONTROL OVER, AND MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING, THE QUALITY, TRUTH, ACCURACY OR LEGALITY OF THE CONTENT POSTED BY THE USERS OF THE SITE. THE SITE, SERVICE, AND CONTENT ARE PROVIDED ON AN "AS IS" AND AS "AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. KELSA INFO COMM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND SYSTEM INTEGRATION. KELSA INFO COMM MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT OR SERVICE, OR THAT PROBLEMS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE, SERVICES OR OTHERWISE WILL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. KELSA INFO COMM AND AFFILIATES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT PROTECTION OF YOUR DATA NOR GUARANTEE DATA AVAILABILITY WHATSOEVER. YOU BEAR THE SOLE RESPONSIBILITY AND LIABILITY FOR MAINTAINING BACKUP OR ARCHIVE COPIES OF YOUR DATA AND/OR SUBMISSIONS TO THE SITE. KELSA INFO COMM MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE TIMELINESS OR EFFECTIVENESS OF THE SITE OR THE SERVICE IN MEETING YOUR OBJECTIVES. KELSA INFO COMM DOES NOT GUARANTEE ANY RESULTS, AND IS NOT RESPONSIBLE FOR ANY OUTCOME ARISING OUT OF THE USE OF THE SITE AND/OR SERVICES PROVIDED BY US.

Limitation of Liability

The Site is a web application that allows organizations to post job requirements and search for candidates, and candidates to post their profile and other details and search for jobs, and interactions between the two parties via the Site. Kelsa Info Comm is not involved in the actual transactions between the organizations and the candidates. Kelsa Info Comm has no control over the content posted by Organizations and Candidates and hence makes no representation about any information exchanged by Organizations and candidates by way of job postings, resumes, or any other communication.

Except as expressly provided in these Terms, in no event shall Kelsa Info Comm, its directors, officers, employees, agents, suppliers, licensors or any third parties appearing on the Website be liable for any damages whatsoever, including without limitation any direct or indirect, special, incidental, or consequential damages, damages for lost profits, lost business, loss of revenue or loss of use, and any other losses or expenses arising out of or related to this Website, any information received from this Website, any email distributed to any User or Member from the Website or any linked website or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, whether such damages arise in contract, negligence, tort, under statute, in equity, at law or otherwise, and even if Kelsa Info Comm, or representatives thereof, are advised of the possibility of such damages, losses or expenses. In no event shall Kelsa Info Comm, its directors, officers, employees, agents, suppliers, licensors or any third parties appearing on the Website be liable for or in connection with any information or content posted, transmitted, exchanged or received by or on behalf of any user or other person or entity on or through the Website.

Under no circumstances will Kelsa Info Comm's liability to the User arising out of or in connection with the Site and any information or services provided therein, regardless of the cause of action exceed the amount paid by the user as payment towards the use of the Site during the 12 months preceeding the date the claim first arose.

Indemnification

You agree to defend, indemnify and hold harmless Kelsa Info Comm, its parents, subsidiaries, affiliates and their respective directors, officers, employees and agents, at your expense, from any claim, suit, proceeding or loss, damages, cost or expenses (including reasonable accounting and attorneys' fees) or liability of any kind (including reasonable attorney and accounting fees) (including, without limitation, from your negligence) of you and any third parties resulting from, arising out of, or related to

• your use of the Site and/or Services,
• any Member Submissions,
• your use of any Data or content on the Site, or
• your breach of these Terms of Use. Your obligation to indemnify Kelsa Info Comm is subject to
• Kelsa Info Comm providing prompt notice of any such claim, suit, proceeding or loss, damages or liability that Kelsa Info Comm becomes aware of and
• Kelsa Info Comm agreement to assist you in the defense of any such claim, suit or proceeding, at your request and sole expense.

Termination

The Company reserves the right to terminate your account with immediate effect, and block access to the Site in the following events:

• On completion of the term for which the user engages the services of the Company.
• If in the opinion of the Company, the User has breached any of the terms and conditions of this agreement or/and the Order form signed by him.
• If, in the opinion of the Company or/and any regulatory authority, it is not in the public interest to continue providing the Service to the User for any reason and /or
• If the User is declared a bankrupt or/and the User enters into any compromise or arrangement with its creditors.
• If the User infringes on the copyrights and other intellectual properties of others.
• On writing and on such terms as agreed to by the parties mutually in writing.

The Company reserves the right to take these actions at any time, in its sole discretion, with or without notice, and without any liability to the party that is terminated or to the party whose access is blocked.

In addition, the Company may discontinue Your access to the Site and/or terminate, without notice or liability, Your account membership and/or your access to and use of the Site, for any violation of these Terms of Use or for any other use that the Company, at its sole discretion, deems improper.

No resale or unauthorized commercial use.

You agree that you shall not resell or assign your rights or obligations under these Terms of Use. You also agree not to make any unauthorized commercial use of the Website.

Jurisdiction.

Any disputes arising out of your use of the Site and/or any services provided to you by Kelsa Info Comm will be resolved in accordance with the laws of India as applicable. The jurisdiction for such proceedings shall be the courts situated in Chennai alone.

Severability; Waiver.

If any provision of these Terms of Use are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. In addition, the Company's failure to enforce any term of these Terms of Use shall not be deemed as a waiver of such term or otherwise affect the Company's ability to enforce such term at any point in the future.