TERMS OF USE AND USER AGREEMENT
INTRODUCTION
This document, and all policies posted on our site Jobify Inc (“Website” or the “Site”) set out the terms on which we offer you access to and use of our sites, services, applications and tools.
The terms “we”, “us” or “our”, refer to the Site or the Company, used interchangeably. Please be advised that this Agreement contains provisions that govern how claims you and we have against each other are resolved (see Disclaimer of Warranties; Limitation of Liability and Forum for Legal Disputes provisions below). It also contains an Agreement to arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration. Your access to and use of the Site is subject to the under mentioned terms and conditions. By accessing, browsing and using the Site, including availing services mentioned therein, you accept to terms of this User Agreement.
We reserve the right to modify or totally change this User Agreement any-time and as many time with no notice. Liability to review this User Agreement time to time lies with you. If you continue using Services from the Site after any change in User Agreement, this will be considered acknowledgment and agreement of the changed or modified User Agreement.
1. ABOUT US
- We own and control the site Jobify Inc, an online job portal.
2. ACCEPTANCE OF TERMS
The services that we at Jobify Inc provide to users are subject to the following terms and conditions. We reserve the right to update the said terms at any time without notice to user.
- This User Agreement (the “Agreement”), governs the use of certain specific material contained on the Website and sets forth the terms and conditions that apply to use of our Site by User. By using the Website, User agrees to comply with all of the terms and conditions hereof. The right to use Website is personal to User and is not transferable to any other person or entity. User is responsible for all use of User’s Account (under any screen name or password) and for ensuring that all use of User’s Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User’s password(s), if any.
- We shall have the right at any time to change or discontinue any aspect or feature of Website, including, but not limited to, content, material, and third-party communication link (herein after referred to as “Third Party Websites”) needed for access or use.
3. ACCESS
- The Site grants you a non-transferable right to access. However, you are responsible for providing all hardware, software, telephone or other communications equipment and/or service to connect to the Internet and accessing the Site and are responsible for all Internet access charges, telephone charges or other fees or charges incurred in connecting to the Internet. The Site or the Company shall not be responsible for any of these things.
- In connection with using or accessing the services you will not:
- Breach or circumvent any laws, third party rights or our systems, policies, or determinations of your account status;
- Use our Services only if you are able to form legally binding contracts (for example if you are not under 18), or are not temporarily or indefinitely suspended from using our Site, Services, applications or tools. Should you be under the age of 18 and yet use our Site, we shall assume that your parents or legal guardians have done so on your behalf;
4. SERVICES AND CONTRACT
- On the Website, you have the ability to access third party services.
- We only allow or provide access to websites hosted by other third parties, including the possibility to compare various services offered by third parties. No contract for such services is made via use of our Site with any third party or intermediary.
- This Agreement does not affect any other agreements, if any, between us and third party.
5. POLICY ENFORCEMENT
- When ‘refund of money’ issue arises we may consider the user’s performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for all parties involved in the transaction.
6. INTERNATIONAL BUYING AND SELLING TRANSLATION
- Many of our Services are accessible to international customers. We may offer certain programs, tools, and site experiences of particular interest to international customers and buyers, such as estimated local currency conversion tools. Customers are responsible for complying with all laws and regulations applicable to the international sale, purchase, and reception of Services.
- The fees we charge for using our Services is listed on our Site. Even though the fee structure is in dollar denomination, the User will be liable for any currency conversion charges as applicable and appropriate. We may change our fee structure from time to time by posting the changes on the Site.
7. SOFTWARE
Any program accessible from the Site or any software available for download from the Site is owned by the Company or other third party provider, and all copyrights therein are reserved. You agree that you will not download, copy or install such software unless you first agree to the terms and conditions of any license agreement that accompanies, is included with, or in any way applies to the software.
8. CONTENT
You agree to access and use the Site only for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations pertaining to your use of the Site, including any interactive area. By accessing the Site you agree that you will not: (i) post or use the Site to commit a criminal offense or to encourage conduct that would constitute a criminal offense or give rise to a civil liability, or otherwise violate any local, state, Federal or international law or regulation, including, but not limited to, export control laws and regulations; (ii) post or transmit any unlawful, infringing, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, or otherwise objectionable content; (iii) alter, damage or delete any content or other communications that are not your own content or to otherwise interfere with the ability of others to access the Site; (iv) disrupt the normal flow of communication in any interactive area; (v) claim a relationship with or to speak for any business, association, institution or other organization for which you are not authorized to claim such a relationship; (vi) post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation to other users; (vii) infringe any third party’s rights, including, without limitation, intellectual property rights such as trademark, service mark, copyright, and patent rights, as well as any publicity rights or privacy rights; (viii) be false, inaccurate or misleading; or (ix) otherwise create any liability on the Company’s behalf. Notwithstanding any other provision of this Agreement, you agree that you will indemnify the Company for any knowing or unknowing breach of this User Agreement.
9. TERMINATION
Should you be dissatisfied with any service, policies, guidelines, or practices of the Company in operating the Site or any content, you must discontinue accessing the Site in entirety. The Company may terminate or temporarily suspend your access to all or any part of the Site, without notice, for conduct that the Company believes is a violation of this Agreement or any policies or guidelines posted by the Company, or for other conduct which the Company, believes is harmful to other users. The Company may discontinue operating the Site and terminate this Agreement without notice at any time for any reason in its sole discretion.
10. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
- This paragraph applies in all states and jurisdictions in which such terms are valid and enforceable. The Company is not responsible for any information or content contained within the Site and makes no representations about the suitability of the information contained for any purpose or about its legitimacy, legality, validity, accuracy, correctness, reliability, quality, stability, completeness or correctness.
- All content and functionality on the Site is provided without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose. The Company and its third-party content providers make no warranties, express or implied, as to the ownership, accuracy, or adequacy of the Site content. The Company shall have no liability or responsibility for any information published on the Websites. The Company shall not be liable for any indirect, incidental, consequential, or punitive damages or for lost revenues or profits, whether or not advised of the possibility of such damages or losses and regardless of the theory of liability.
- The user agrees that his/her use of the Site, including any interactive area, is at your own risk. Neither the Company nor its officers, directors, employees, affiliates or agents warrant that the Site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of the Site or as to the accuracy, reliability, or content of the Site.
- The information is provided on an “as is”, “as available” basis without representations or warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchant-ability, fitness for a particular purpose, and non-infringement. You agree to use our services at your own discretion. This means that we do not represent or warrant to you that:
- no warranty, guarantee, or conditions of any kind is created or offered on information or advice or suggestion, whether expressed and/or implied, in oral and/or in written via any communication medium, obtained by you from our Site or through any services and /or resources and / or information that the Company provides, except for those expressly outlined in this User Agreement;
- the content that you or others download or otherwise obtain through the use of our services or resources and / or information is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data or information that may result from the download of such content;
- the use of our services and / or resources and / or information will meet your needs or requirements;
- the information obtained by using our services and / or resources and / or information will be accurate;
- the use of our Services or information will be uninterrupted, timely, secure or free from errors;
- any complains, problems, defects in the operations or functionality of any services or information that we provide will be repaired or corrected;
- in no event will the Company or its directors, officers, tutors, counsellors, employees, affiliates or agents be liable to you or any third party for any incidental, indirect, special or consequential damages, including monetary or financial (even if the Company has been advised of the possibility of such damages), arising out of your use of or inability to use the Site, including without limitation, loss of revenue or anticipated profits, loss of goodwill, lost business, lost data, computer failure or malfunction, or any and all other damages or losses that result from mistakes, omissions, interruptions, deletions of files, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not limited to acts of god, communications failure, theft, destruction or unauthorized access to the Site’s records, programs, or services.
- The Company is an independent operating company and reference to other companies does not imply any partnership, joint venture, or other legal connection. The Company shall not be responsible for the actions of the respective owners of these other sites.
- In addition to the above and to the extent permitted by applicable law, we are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from use of our service.
- In conjunction with the Limitation of Liability as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of services or information. We will not be liable and you agree not to claim for any direct, indirect, incidental, exemplary or consequential loss or damages which may be incurred by you or any other user as a result of using our services or information, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent, and that in such conditions limitation of liability laws and clause apply.
11. INDEMNITY
User hereby agrees to, at its own expense, indemnify, defend and hold the Company harmless from and against any loss, cost, damages, liability, or expense arising out of or relating to (a) a third-party claim, action or allegation of infringement based on information, data, files or other content submitted by user, (b) any fraud, manipulation, or other breach of this agreement by a user or users, or (c) any third-party claim, action or allegation brought against the Company or related company arising out of or related to the use of the Site. User will not settle any action or claims on the Company’s behalf without the prior written consent of the Company.
12. NO AGENCY OR PARTNERSHIP
No agency, partnership, joint venture, or employment is created as a result of this Agreement. You do not have any authority of any kind to bind the Company in any respect whatsoever. The parties are independent contractors. Neither party may direct or control the day-to-day activities of the other; neither party may create or assume any obligation on behalf of the other.
13. LINKS THIRD-PARTY WEBSITES
- We provide links to third-party websites, and some of the content appearing to be on this Site is in fact supplied by third parties. The Company has no responsibility for these third-party websites, which are governed by the terms of use and privacy policies, if any, of the applicable third-party content providers.
- The links on the Website will let you leave our site. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are not responsible for webcasting or any other form of transmission received from any linked site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the site.
14. GENERAL
- By visiting the Site and accessing the resources, services, registering, purchasing services, resources, services, products, apps and online tools that are provided directly or indirectly, you agree to use any of these only for the purposes intended as permitted by the terms of this User Agreement, and applicable laws and rules laid by the government and related authorities; and generally accepted online practices and procedures. Your access to and use of the Services is conditioned on your compliance with these terms. Either as an unregistered user or as a registered user and accessing or using the Services, the Site, or any portion of the services or the Site, you agree to be bound by these terms and all applicable laws and regulations governing the Services. If you do not agree with these terms, you are not authorized to access the Site or use the services for any purpose. Additional terms and conditions applicable to specific areas of the Site or to particular transactions are also posted in particular areas of the Site and, together with these general Terms, govern your use of those areas. If you do not agree with any of these additional terms and conditions, you are not authorized to access or use those areas of the Site.
- You agree that you are authorized person to use credit/debit card, net banking, cash card, PayPal account etc that you use to pay at our Site for anything. If not, you will be liable for any legal action that concerned authorities may think appropriate.
15. PAYMENT SECURITY
We do not ensure that transactions you conduct online is in a safe and secure. To achieve this, please read the terms of use of the payment gateway providers listed on our Site through which you wish to make payments.
16. INDEMNIFICATION
User agrees to defend, indemnify and hold us harmless, our affiliates, respective directors, officers, employees and agents from and against all claims and expenses, including attorney’s fees, arising out of the use of our Site.