Terms of Use
The terms of use (“TOU”) will come into effect immediately after a user (“user” or “you” or “your” or “he” or “she”) acknowledges the TOU and agrees to the TOU. This TOU applies to the use of the portal “EmployeeDuniya” (employeeduniya.com) (the “Portal” or “Platform” or “Site” or “Web Site” or “Emails” or “Mobile Application” or “App”), contents, features, events and all of the services offered by the Portal which is owned and operated by Task Initiatives Private Limited having its registered office at 14, 3rd Floor, Zodiac Square, Opposite Gurudwara, S.G. Highway, Bodakdev, Ahmedabad, Gujarat - 380054 (“Company” or “we” or “our” or “us”).
Your use of the products, software, services, features, contents, events and websites offered by the Portal including services offered by the service partners and service providers present on the Portal (referred to collectively as the “Services” in this document) is subject to the terms of a legal agreement i.e. the TOU between you and the Company. Please read the TOU very carefully as your use of the Services is subject to your acceptance of and compliance with the TOU.
By subscribing to or using any of the Services offered by the Portal, you agree that you have read, understood and are bound by the TOU, regardless of how you subscribe to or use the Services. If you do not want to be bound by the TOU, you must not subscribe to, purchase or use the Services.
User Agreement and Acceptance
The TOU governs your use of Services offered through the Portal. You agree to access the Portal subject to the TOU as set out here. You may not use the Services if you do not accept the TOU.
The Company may add to or change or update the TOU, from time to time entirely at its own discretion. You are responsible for checking the TOU periodically to remain in compliance with these terms mentioned hereunder. Your use of the Portal after any amendment to the TOU shall constitute your acceptance of the amended TOU and you also agree to be bound by any such changes / revisions / amendments / updates.
You can accept the TOU by:
A. clicking to accept or agree to the TOU, where this option is made available to you by the Portal; or B. by actually using the Services. In this case, you understand and agree that the Company will treat your use of the Services as acceptance of the TOU from that point onwards.You may not use the Services and may not accept the TOU if you are not of legal age to form a binding contract with the Company, otherwise your parents / guardians are required to review the TOU on your behalf. Before you continue, you should print off or save a local copy of the TOU for your records.
Modification of the TOU
The Company reserves the right to suspend / cancel, or discontinue any or all channels, products or service including the Services at any time without notice, make modifications and alterations in any or all of the content, products and services including the Services contained on the Portal without prior notice to you. Any such modifications or alterations or any other nature of modifications and alterations shall be updated on the Portal and you must comply with the modified, altered and / or amended TOU.
You understand and agree that if you use the Services after the date on which the TOU has changed, the Company will treat your use as acceptance of the updated TOU.
User Registration, Access and Information Exchange
You have to register with the Portal to avail the Services. To register on the Portal for the Services, you have to open an account by completing the registration process (i.e. by providing us with current, complete and accurate information as prompted by the applicable registration form). Furthermore, to avail certain Services, you may have to provide additional information. You are entirely responsible for maintaining the confidentiality of your password and account and other details in relation to your account. By registering, you agree to the following terms in addition to any other specific terms which shall be posted at an appropriate location of the Portal and / or mentioned in the TOU.
To access the Services, you will be asked to enter your username or email and password, as chosen by you during your registration. Therefore, we do not permit any of the following:
A. any other person sharing your account and password; B. any part of the Portal being cached in proxy servers and accessed by individuals who have not registered on the Portal; C. access through a single account and password being made available to multiple users on a network; or D. any other manner in which multiple individuals access your account.If the Company reasonably believes that an account and password is being used / misused in any manner, the Company shall reserve the right to cancel access rights immediately without notice, and block access to all users from that IP address.
Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify the Company immediately of any unauthorized use of your account or any other breach of security. The Company will not be liable for any loss that you may incur as a result of someone else using your password or account. However, you shall be held liable for losses incurred by the Company or any third party due to someone else using your account or password.
Password and Security
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
Accordingly, you agree that you will be solely responsible to the Company for all activities that occur under your account.
If you become aware of any unauthorized use of your password or of your account, you shall notify the Company immediately at customersupport@employeeduniya.com.
Privacy Policy
The user hereby consents, expresses and agrees that the user has read and fully understands the Privacy Policy of the Company in respect of the Portal. The user further consents that the terms and contents of such Privacy Policy are acceptable to the user.
Advertising Content and Promotional Material
Part of the Portal may contain advertising information or promotion material or other material submitted to the Company by third parties. Responsibility for ensuring that material submitted for inclusion on the Portal complies with the applicable law is exclusively on the party providing the information / material. Your correspondence or business dealings with, or participation in promotions of, advertisers other than the Company found on or through the Portal, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We will not be responsible or liable for any claim, error, omission, inaccuracy in advertising material or any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Portal. The Company reserves the right to omit, suspend or change the position of any advertising material submitted for insertion on the Portal. Acceptance of advertisements on the Portal by you will be subject to these terms and conditions in the TOU.
User Conduct
You agree and undertake to use the Portal and the Services only to post and upload any information and / or any other material that is proper. By way of example, and not as a limitation, you agree and undertake that when using the Portal, you will not:
A. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others; B. publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; C. upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents; D. upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Portal or another's computer; E. conduct or forward surveys, contests, pyramid schemes or chain letters; F. download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner; G. falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; H. violate any code of conduct or other guidelines, which may be applicable for or to any particular Service; I. violate any applicable laws or regulations for the time being in force in or outside India; and J. violate any of the terms and conditions of the TOU or any other terms and conditions for the use of the Portal contained elsewhere herein.User Warranty and Representation
The user guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorized to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by the Portal.
Termination and Access Restriction
Company reserves the right, in its sole discretion, to terminate or restrict the access to the Portal and the related Services or any portion thereof at any time, without notice.
Services Fees
The Company reserves the right to charge listing/advertising/product/service including Services usage fees, convenience fees and / or transaction fees based on certain completed transactions using the Portal. The Company further reserves the right to alter any and all fees from time to time, without notice. You shall be liable to pay all applicable charges, fees, duties, taxes, levies and assessments for availing the Services on the Portal.
Delivery and Quality of Services
The Services on the Portal may be delivered online, offline or in a hybrid mode. You will either get an email or instructions on the Portal once a Service is purchased with instructions on how to go about availing them. Our team will assist you in providing a hassle free user experience. Only the service providers and service partners present on the Portal shall be responsible for all the Services provided by them and the Company does not provide any assurance or guarantee to you on the quality of the Services provided by the service providers and service partners nor the satisfaction or dissatisfaction derived by you from such Services.
Cancellation/Refund Policy
All sales/purchase of the Services are final with no refund or exchange permitted. However, if in a transaction performed by you on the Portal, money has been charged to your card or bank account without the delivery of the Services, then you may inform us by sending an email to customersupport@employeeduniya.com or an email address mentioned on the Contact Us page. We shall investigate the incident and if it is found that money was indeed charged to your card or bank account without delivery of the Service, then you will be refunded the money within 30 days from the date of receipt of your email. All refunds will be credited back to source of the payment after deducting the service charges and taxes (if applicable). It will take 3-30 days for the money to show in your bank account depending on your bank’s policy.
Disclaimer of Warranties and Limitation of Liability
The Company has endeavoured to ensure that all the information on the Portal is correct, but the Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or the Service. In no event shall the Company be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
A. the use or the inability to use the Services; B. the use or the inability to use the Portal; C. the use or the inability to use the website or portal of a service partner or service provider; D. unauthorized access to or alteration of your transmissions or data; E. any other matter related to the Services and / or the Portal; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Portal or any Service. Neither shall the Company be responsible for the delay or inability to use the Portal and related Services, the provision of or failure to provide Services, or for any information, software, products, services (including the Services) and related graphics obtained through the Portal, or otherwise arising out of the use of the Portal, whether based on contract, tort, negligence, strict liability or otherwise. Further, the Company shall not be held responsible for non-availability of the Portal during periodic maintenance operations or any unplanned suspension of access to the Portal that may occur due to technical reasons or for any other reason including reasons beyond the Company’s control. You understand and agree that any material, information and/or data downloaded or otherwise obtained through the Portal is done entirely at your own discretion and risk and you will be solely responsible for any damage to your computer systems or loss of data that results from the download of such material and/or data.In the event that the Company is found liable for any breach by any court of competent jurisdiction or in any other manner, you agree that the maximum cumulative liability of the Company is capped at the total service fees that you have paid to the Company in your latest transaction with the Company. The Company will not be liable for any other sum or amount or fees over and above such limitation of liability cap as mentioned under this paragraph for any breach whatsoever including, but not limited to, any data breach, security breach, service breach or any other kind of breach.
Indemnification
You agree to indemnify, defend and hold harmless the Company from and against any and all direct and / or indirect losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Company that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to the TOU and for all the activities that occur through your account in relation to the Portal and / or the Services including on the service partner’s and / or the service provider’s portal or website.
Governing Law
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Ahmedabad.
Severability
If any provision of the TOU is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of the TOU shall continue to be in full force and effect.
Reporting of Abuse
As per the TOU, you are solely responsible for every material or content uploaded on to the Portal. The Company does not verify, endorse or otherwise vouch for your contents or any content generally posted or uploaded on to the Portal. You may be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of the TOU, please report to customersupport@employeeduniya.com.
Forum Rules
Registration to the Portal is free. We do insist that you abide by the rules and policies detailed below. Although the administrators and moderators of the Portal will attempt to keep all objectionable messages off this forum, it is impossible for us to review all messages. All messages express the views of the author and the Company will not be held responsible for the content of any message.
By agreeing to these rules, you warrant that you will not post any messages that are obscene, vulgar, sexually-oriented, hateful, threatening, or otherwise violative of any laws.
The Company reserves the right to remove, edit, move or close any thread for any reason.
You agree that the Company may provide you with notices, including those regarding changes to the TOU, by email, regular mail, or postings on the Services.
Termination of the TOU
The TOU will continue to apply until terminated by the Company as set out below. If you want to terminate your legal agreement with the Company, you may do so by: (a) notifying the Company at any time; and (b) requesting deletion of your account on the Portal. Your notice should be sent in writing to customersupport@employeeduniya.com which is set out at the beginning of the TOU. For the avoidance of doubt, please note that any agreement that you may have with any service provider and / or any service partner will have to be separately terminated by you in discussion with such service provider and / or service partner.
The Company may at any time, terminate its legal agreement with you if:
A. you have breached any provision of the TOU (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the TOU); or B. the Company is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or C. the service partner or service provider with whom the Company offered the Services to you has terminated its relationship with the Company or ceased to offer the Services to you; or D. the provision of the Services to you by the Company is, in the Company’s opinion, no longer commercially viable; or E. any other reason due to which the Company decides, at its own discretion, to terminate its legal agreement with you. F. The termination of the legal agreement of the Company with you will encompass deletion of your account on the Portal. When the TOU comes to an end, all of the legal rights, obligations and liabilities that you and Company have benefited from, been subject to (or which have accrued over time whilst the TOU have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of Indemnification and Governing Law shall continue to apply to such rights, obligations and liabilities indefinitely.