- Acknowledgment and Acceptance of Terms and Conditions
The terms and conditions appearing hereafter comprise the entire agreement between the User (as defined below) and AWPO (as defined below) and supersede all prior agreements between the parties regarding the subject matter contained herein. By completing the registration process and/or clicking the “I accept” button, you are indicating your agreement to be bound by all of the terms and conditions of the Company as appearing below:
- Prohibited Use
- User shall not to allow any person other than the authorized person(s) named in the application form to use the Service.
- The User shall not share the Service with any person without the prior written approval of the Company and shall use the Service only for the purpose for which is subscribed.
- The User shall comply with all applicable laws (and shall not contravene any applicable law) of India relating to the Services, including any regulation made pursuant thereto.
- The User shall not use the Service for any unlawful purpose including without limitation criminal purposes.
- The User shall not use the Service to send or receive any message, which is offensive on moral, religious, racial or political grounds or of an abusive, indecent, obscene, defamatory or menacing nature.
- The User shall be prohibited in persistently sending messages or make postings on www.exarmynaukri.com.in to any other User or third party who accesses the portal without reasonable cause or for causing any threat or/and harassment or/and annoyance or/and anxiety or/and any other inconvenience whatsoever caused to any person.
- The User shall be prohibited to introduce, post or transmit any information or software, which contains a virus, worm or other harmful component into the internet.
- The User shall not infringe on any intellectual property rights of any person or/and retain information in any computer system or otherwise with an intention to do so.
- The User shall give out to the company a non-exclusive, worldwide, royalty-free, irrevocable, sublicenseable (through multiple tiers) right to exercise all copyright and publicity rights, in any existing or future media, known or unknown, over the material or User Data displayed in the listings. For the purpose of this Agreement, "User Data" shall mean all information (if any) submitted by the User to AWPO with the exception of trading data, credit card numbers, checking account numbers, etc. "Individually Identifiable User Data" shall mean that subset of "User Data" which can be reasonably used to identify a specific individual such as their name, address, phone number, etc. The User Data shall be deemed to be the property of AWPO. The User shall take all reasonable efforts to ensure that it is accurate and complete and not misleading in any way.
- The User undertakes not to resell or assign his/her rights or obligations under these Terms & Conditions. User also agrees not to make any unauthorized commercial use of the Service.
- User agrees not make use of anyone else's Information other than as necessary to complete any transaction.
- The User shall not print, download, duplicate or otherwise copy, delete, vary or amend or use any data or personal information posted by any other User except such data and information which is posted by the particular User himself.
- The User shall not violate, or attempt to violate the security of AWPO or gain un-authorized access any information regarded as private by other Users or persons, including but without limitation to accessing data and information not intended for them or logging onto 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 attempting to breach security or authentication.
- In the event that the User breaches any of the above mentioned covenants, the Company shall have the right to delete any material relating to the violations without prior notice to the User. The Company shall issue a warning to the User to discontinue any activity which leads to the said violations and in the event the User continues with such prohibited activity, the Company reserves the unilateral right to suspend or/and deactivate the User’s access to the Service and/or any other related facility. In addition to the right to indemnity available to the Company, the Company shall have the right to any legal remedy, against the User to recover the loss suffered by the Company and the harm caused to the reputation of the Company, due to such violation by the User.
- The Users shall avail of the site for lawful purposes alone. Transmission or/and distribution or/and storage of material or/and conduct in violation of any applicable local or/and state or/and Central or/and foreign law or/and regulation is prohibited. This includes without limitation any unauthorized use of material protected by patent or/and copyright or/and trademark or/and other intellectual property right, material that is obscene or/and defamatory or/and libelous or/and constitutes an illegal threat, or/and violates rights of privacy or publicity, or/and violates export control laws. The User may use the information on our site only to the extent necessary to facilitate related transactions.
- Unwanted and unsolicited email deteriorates performance and availability of service. All forms of SPAM, or any other activity/ies that have the effect of facilitating SPAM, are strictly prohibited.
In this Agreement the following expressions shall have the following meanings defined below:
- "Agreementâ€: Is defined as the completed application form and its attachment(s) and the terms and conditions herein and is deemed to have been executed at New Delhi.
- â€œCompanyâ€: Is defined as AWPO-Army Welfare Placement Organisation
- â€œDate of Terminationâ€: Is defined as the expiry date as mentioned in the notice or/and the letter of termination.
- â€œProduct Catalogueâ€: Is defined as the information and description of the Services for the User from time to time provided by the Company in writing.
- â€œRegistration Dataâ€: Is defined as all particulars and information of the User requested on initial application and subscription, including but without limiting to the Userâ€™s name, mailing address, email address, account and telephone number.
- â€œCommencement Dateâ€: Is defined as the date specified by the Company in its notice to the User either through email and/or conventional mail indicating the acceptance of the application by the User to the Service.
- â€User": Is defined as an individual subscriber for the Services and the signatory, whose particulars are contained in the application form and includes his successors and permitted assignees.
- â€œServicesâ€: Is defined as the services to be provided by the Company to the User at the site www.exarmymenplacement.com including the provision of facilities for the following:
- User who wishes to make of posting of resume or curriculum vitae for the purpose of seeking employment.
- User who wishes to secure recruitment through www.exarmymenplacement.com and its Internet links.
- Words mentioned as singular shall also include the plural and words importing one gender shall also include the other.
- The subscription fees for the Services shall be at the applicable rate indicated in the Product Catalogue or such other rates as may be prescribed by the Company from time to time.
- Liability for the Subscription Fees shall accrue from the Commencement Date.
- This clause shall not be applicable for individual Users who access or make postings of information at www.exarmymenplacement.com .com for the purpose of recruiting candidates.
- Where Subscription Fees are payable, it shall be payable at or within such time as is stated in the invoice(s) issued by the Company to the User.
- The User, who is liable to pay Subscription Fees, shall pay the Subscription Fees on demand even if the User disputes the same for any reason. In the event that the Company deciding the dispute in the User’s favor, the Company shall refund to the User any excess amount paid by the User free of interest.
- In the event of late payment by the User of any sums due under this Agreement, the Company shall have the right to charge interests on the outstanding amount from the due date until the date of full payment.
- The company shall reserve the exclusive right to cancel any content whatsoever from being published or reflected on its website or in any other mode. The cancellation charges payable to the User shall be at the applicable rates laid down in the cancellation and refund policy.
- Commencement of Service
- The Service shall commence on the Commencement Date.
- Hiring / employing through www.exarmymenplacement.com is available only to individuals/organisations who can form legally binding contracts under applicable law.
- Userâ€™s Obligations
- The User shall be solely responsible for the accuracy of the Registration Data given to the Company on initial application for the Service.
- The User shall be responsible for the set-up or configuration of his equipment for access to the Service.
- The User is solely responsible for obtaining, at his own cost, all licenses, permits, consents, approvals and intellectual property or other rights as may be required for using the Service.
- The User will comply with all notices or instructions given by the Company from time to time in respect of the use of the Service.
- The User shall be solely responsible for all information retrieved, stored and transmitted through the Service by him.
- The User shall solely responsible for the maintenance of confidentiality of and the User’s password and user identification and all activities and transmission performed by the User through his user identification.
- The User shall immediately notify the Company of any un-authorized use of the User’s account or any other breach of security known to the User.
- The User shall where Subscription Fees are payable, to pay the same promptly as required by the Company from time to time.
- The company in its sole discretion shall reserve the right to edit, modify and alter the content. User agrees that his resume details placed on the site www.exarmymenplacement.com shall be reflected after 48 hours of his payment and documentation being received and approved by AWPO.
- User understands and agrees that User is responsible for all applicable taxes and for all costs that are incurred in using the service offered on www.exarmymenplacement.com .
- The user will indemnify the company for any action or claim committed/made by any third party resulting from any information posted on the site by the user or/and anybody else on his behalf.
- Security and other features
Maintenance of Service
- The User shall take all such measures as may be necessary (including but without limiting to changing his password from time to time) to protect the secrecy of his user Identification and/or password and shall not reveal the same to any other person(s).
- Since a user identification is necessary to access the Service; the User shall use only his own user Identification.
- It is agreed by the User that he acquires no rights to any mailbox number or/and the user identification or/and circuit reference or/and any codes assigned to him by the Company. The User further agrees that except as otherwise proved herein, the Company reserves the right to change or/and re-assign the same to the User at its sole discretion without being liable to the User for any kind of damages or/and relief or/and any other consequence/s.
- In the event of theft or/and loss of user identification or/and password or/and security word, the User shall notify the Company immediately by telephone or/and personally concurrently provide the Company with a written notice to that effect. The User shall remain liable for use of the Services by any third party until such theft or loss is notified to the Company.
- The password and username being made available to the customer shall be used only by the organization named by the customer and the employee of the organization. The User shall take all necessary pre-cautions to prevent un-authorized access or/and leakage of username or/and password being provided by the Company to him.
- The user shall not use any software to automatically download or/and extract either a complete or/and partial resume from www.exarmymenplacement.com database without prior consent from AWPO in writing.
The Company may at its sole discretion and without assigning any reason whatsoever at any time deactivate or/and suspend the User’s access to www.exarmymenplacement.com and/or the Services (as the case may be) without notice to carry out system maintenance or/and upgrading or/and testing or/and repairs or/and other related work. Without prejudice to any other provisions of this Agreement, the Company shall not be liable for any loss or/and damage or/and costs or/and expense that the User may suffer or incur, and no fees or/and charges payable by the User to the Company shall be deducted or refunded or rebated, as a result of such deactivation or/and suspension.
Termination of Service
Liabilities for Subscription Fees upon termination
- Either party to this agreement may terminate this Agreement by giving prior notice of 30 days in writing.
- The Company may in its sole discretion waive or accept in writing a shorter period of notice from the User than that referred in point 1 of this clause XI.
- Notwithstanding point 1 of this clause, the Company may terminate this Agreement with immediate effect, without prior notice to the User and without assigning any reason/s whatsoever and further without any prejudice to any/all other rights.
(a) if in the opinion of the Company, the User has breached any of the terms and conditions of this agreement or/and,
(b) 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 or/and,
(c)if the User is declared a bankrupt or/and the User enters into any compromise or arrangement with its creditors.
Suspension of Service
- In the event of termination of this Agreement pursuant to clause XI without prejudice to any other remedies available to the Company, where Subscription Fees are payable, the User shall be liable for Subscription Fees until the Date of Termination.
- The above amounts payable by the User upon termination shall be payable within 30 days of the relevant Date of Termination.
Modification to Service, Terms & Conditions
- Without prejudice to any other rights or remedies of the Company, the Company may suspend the Service provided by the Company in the event that any monies payable by the User are not paid on the due date.
- Upon suspension, the Service shall be deemed to be terminated from the date stipulated by the Company and the User shall be liable for all charges and fees incurred up that date.
- Upon subsequent payment by the User of such sums as demanded by the Company, the Company may at its sole discretion and subject to such terms as it deems proper, reconnect the Service.
Violation of Terms & Conditions
- The Company reserves the right to add or/and change or/and delete or/and end our service at anytime with or without notice to the User. Save for paid service, a pro-rated refund shall be effected for the remaining unused period.
- The Company shall not be liable to the User or any third party should the Company exercise its right to modify or discontinue the Service.
If AWPO, in its sole discretion, determines that a violation of the Terms & Conditions has occurred, AWPO may pursue any of its legal remedies, including but not limited to the immediate deletion of any offending material from its site or/and cancellation of your account and/or the exclusion of any person(s) who may have violated any Terms & Conditions. AWPO could also pursue violators with claims that they have violated various criminal and/or civil law provisions as applicable under the relevant Acts/Rules, etc of the land. AWPO will cooperate with any investigation by any Central or/and State or/and local body or/and any court or/and tribunal having the competence to carry out the same. Such cooperation may be without notice to the User. If AWPO believes in its sole discretion that any advertisement or/and services may create liability for AWPO, AWPO may take any actions that it believes are prudent or necessary to minimize or/and eliminate its potential liability, including but not limited to, the release of User information. In sum, AWPO reserves the right to refuse service to anyone at any time, or/and to remove any listings or/and any advertisements for any reason, and without notice.
Limitation Of Liability
Use of Data
- User agrees that neither AWPO nor any of its providers of information shall be liable for any direct or/and indirect or/and incidental or/and special or/and consequential or/and exemplary damages, resulting from the use or/and the inability to use the service or/and for cost of procurement of substitute goods or/and services or resulting from any goods or/and data or/and information or/and services purchased or/and obtained or/and messages received or/and transactions entered into through or/and from the service or/and resulting from unauthorized access to or/and alteration of user's transmissions or/and data or/and arising from any other matter relating to the service, including but not limited to, damages for loss of profits or/and use or/and data or other intangible, even if AWPO has been advised of the possibility of such damages. User further agrees that AWPO shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to direct or/and indirect or/and incidental or/and special consequential or/and exemplary damages, whether such interruption or/and suspension or/and termination was justified or not, negligent or intentional, inadvertent or advertent. User agrees that AWPO shall not be responsible or liable to user, or anyone, for the statements or conduct of any third party of the service. In sum, in no event shall AWPO 's total liability to the User for all damages or/and losses or/and causes of action exceed the amount paid by the User to AWPO, if any, that is related to the cause of action.
- The Company takes no responsibility/liability whatsoever for shortage or non fulfillment of the service/s on AWPO or any other related site due to or arising out of technical failure or/and malfunctioning or/and otherwise and the User hereby undertakes that in such situation/s, the User shall not claim any right/damages/ relief, etc against the Company for “Deficiency of service” under The Consumer Protection Act or any other Act/Rules, etc.
The User hereby agrees and irrevocably authorizes the Company to:
- Use any data or/and information supplied by the User in connection with this Agreement for the Companyâ€™s own purpose, to the company supplying such data and or/and information to any other associated companies or selected third parties.
- Allow all data or/and information supplied by the User in using the Service to remain at AWPO for the use of the Company in accordance with service agreement with the user, notwithstanding the termination or suspension of the Service to the User herein. Unless the User informs the Company to delete all such data and information following the termination or suspension of the Service to the User, such data and information remain in the Company’s property, records and databases.
The User agree to indemnify and hold harmless the Company, officers, directors, employees and agents from and against any claims actions or/and demands or/and liabilities or/and losses or/and damages whatsoever arising from or resulting from their use of AWPO or their breach of the terms of this agreement.
- Both parties hereby agree not to divulge nor communicate to any person (other than those whose province it is to know the same) nor use or exploit for any purpose whatsoever (other than that contemplated in this Agreement) any confidential information which may or may have come to his knowledge by reason of or in connection with this Agreement. Both parties hereby agree also agree that they shall use all reasonable efforts to prevent their employees or/and officers or/and agents or/and consultants from so acting, except where the prior written consent of the other party is obtained or where required to be disclosed pursuant to any applicable law or legal process issued by any court or the rules of any competent regulatory body.
- The Company maintains a policy of strict confidentiality of all data and information submitted by the User and the Company shall not, save as provided for under clause 14 herein, release such data and information to any persons without the prior consent of the User.
- The User is entitled to access to his own data and information stored in the database at AWPO (subject to prior confirmation of identity) and may edit or amend such data and information at any time.
- Users need to be aware that when they voluntarily reveal identification oriented information (name, e-mail address) in chat and bulletin board areas, such information may be collected by a third party resulting in unsolicited messages from third parties. Such interaction is beyond the control and liability of AWPO and the company takes no responsibility whatsoever for such interactions.
- The copyright or/and the know-how or/and any other related intellectual property to the Service or AWPO shall be the sole and exclusive property of the Company. In the event the User has contributed any content to AWPO in any manner whatsoever, the intellectual property of the same shall stand automatically assigned to the Company and the User shall have no right or claim over the same. In the event 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 construed to be an infringement of the intellectual property belonging to the Company and the Company shall have the right to legal recourse in this regard.
Governing Law and Jurisdiction
- The Company reserves the right to amend the terms and conditions contained herein and in the Services Guide at any time upon notice (in such form as may be determined by the Company) to the User.
- The Terms and Conditions of this agreement will be updated from time to time and posted at AWPO. The User shall visit the site periodically to review the Terms and Conditions. For the avoidance of doubt, the User's continued use of the Service constitutes an affirmation and acknowledgement of the amended terms and conditions.
There is no agency or/and partnership or/and joint venture or/and employee-employer or/and franchiser-franchisee relationship between AWPO and any User of the Service.
- Any notice to you or to us shall be made by either email or regular mail. We may also give notice of changes to these Terms & Conditions or other matters related to AWPO by displaying notices to Users on the Service.
- This Agreement shall constitute the complete and exclusive agreement between the parties with respect to the subject matter hereof, superseding any prior agreements and or communications regarding such subject matter. This Agreement may only be modified, or/and any rights under it waived, by a written document executed by both parties.
- The failure of AWPO to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms & Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms & Conditions shall remain in full force and effect.
- The User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms & Conditions must be filed within 30 days after such claim or cause of action arose or be forever barred.
- All information of whatsoever nature received from the user is in good faith and is bonafide. The information is believed to be true/correct and complies with the laws of the land.
- This Agreement and any dispute or matter arising from incidental use of AWPO is governed by the laws of India and the User and the Company hereby submit to the exclusive jurisdiction of the courts at Delhi, India without regard to its conflict of law provisions. User and AWPO agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Delhi.
DISCLAIMER OF WARRANTIES. The User shall agree that use of the service is at the user's sole risk. The service is provided on an "as is" or/and on an "as available" basis. AWPO expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
- The Company shall not be liable for any loss of information howsoever caused whether as a result of any interruption or/and suspension or/and termination of the Service or/and otherwise, or/and for the contents or/and accuracy or/and quality of information available or/and received or/and transmitted through the Service.
- The User shall be solely responsible, and the Company shall not be liable in any manner whatsoever, for ensuring that in using the Service, all applicable laws, rules and regulations for the use of systems, service or equipment shall be at all times complied with.
- All information are accepted in good faith and AWPO accept no responsibility whatsoever regarding the bonafide of the user, nor can any interviews be granted or/and correspondence entered into regarding any advertisement published .
- AWPO makes no warranty that the service shall meet user's requirements, that the service shall be uninterrupted or/and timely or/and secure or/and error free; nor does AWPO make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained from the service. Cancellations and alterations shall be effected only on the receipt of application regarding the same in writing.
- The Company makes no representations and warranties of any kind, whether expressed or implied, for the Services and in relation to the accuracy or/and quality of any information transmitted or/and obtained through the Services or AWPO.
- The Company’s liability under this Agreement shall not in any event exceed the total amount of fees or/and charges paid by the User to the Company for the period immediately preceding two (2) months prior to the incident giving rise to the relevant claim.
- The Company shall not be liable for any loss or damages sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the User's account or/and particulars nor for any error or/and omission or/and inaccuracy with respect to any information so disclosed.
- The Company does not warrant that AWPO or any of the web sites linked to AWPO be free of any operational errors nor that it will be free of any virus or/and worm or/and other harmful component.
- The User acknowledges that it is not the Company’s policy to exercise editorial control over or/and to edit or/and amend any data or/and contents of any emails or/and posting or/and any information that may be inserted or/and made available or transmitted to a third party in or through AWPO. The Company may refuse or/and suspend or/and terminate or/and delete or/and amend any artwork, materials or/and information or/and content of any data or/and information or/and posting so as, in the sole opinion of the Company, to comply with the legal or/and moral obligations as placed on the Company and to avoid infringing a third party’s rights or/and any other rules or/and standards or/and codes of practices that may be applicable to the posting or AWPO or/and the internet.
- AWPO is not involved in any transaction between any parties who uses our site. There are risks, which the User assumes when dealing with people who might be acting under false pretenses and the same shall be borne by the User. The Company is a venue only and do not screen or/and censor or/and otherwise control the listings offered to other Users, nor does AWPO screen or/and censor or/and otherwise control the Users of its service. AWPO cannot and does not control the behaviour of the participants on this site. We cannot control whether or not Users of AWPO will complete the transactions they describe on our site. IT IS EXTREMELY IMPORTANT THAT THE USER TAKES CARE THROUGHOUT HIS DEALINGS WITH OTHER PEOPLE ON THIS SITE! AWPO does not accept or/and assume responsibility for the content or/and context of the user comment areas and will not remove or/and edit postings to the public comments areas once they are entered into the service, except to expire records or in its sole discretion.
- If there is a dispute between the Users/participants on this site, it is agreed upon by the Users/participants that the AWPO has no obligation whatsoever to involved in any such dispute/s. In the event that the user has a dispute with one or more User/s or/and participant/s, the User hereby undertakes not to make any claims or/and demands or/and damages (actual or/and consequential) of every kind or/and nature or/and known or/and unknown or/and suspected or/and unsuspected or/and disclosed or/and undisclosed, arising out of or/and in any way related to such disputes and/or our service against the AWPO or/and their officers or/and employees or/and agents or/and successors.
- The User understands and agrees that any information or/and material and/or goods or/and services obtained through the service is done at user's own discretion and risk and that user shall be solely responsible for any damage/s or/and cost or/and any other consequence/s resulting from any transaction.
- No advice or or/and information, whether oral or/and written, obtained by the User from AWPO or/and through or/and from the service shall create any warranty not expressly stated herein.