TERMS AND CONDITIONS OF SERVICE AND USE

Posted as of 04 July 2020

Last updated as of 18 July 2020

We, SOLVENTIC SOLUTIONS PRIVATE LIMITED, a Company registered under the Companies Act 2013 and having its registered office at New No. RZ G-823, KH No. 49/5/1, Gali No. 17, Raj Nagar, P-II, South West Delhi, New Delhi-110077, hereinafter referred to as the “Company” (where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns).

The Company ensures steady commitment to your usage of the Platform and privacy with regard to the protection of your valuable information. This document contains information about the Website and domain http://www.jobseternal.com/ and its sub-domains and mobile application for Android and IOS “jobseternal” (hereinafter referred to as the “Platform”).

For the purpose of these Terms of Use (“Terms”), wherever the context so requires,

a.  “We”, “Our”, and “Us” shall mean and refer to the Domain and/or the Company, as the context so requires.

b.  “You”, “Your”, “Yourself”, “Member/User/Job Applicant, shall mean and refer to natural and legal individuals who use the Platform and who is competent to enter into binding contracts, as per Indian laws.

c.  Services shall refer to providing a platform to which provides information on job vacancies in various Government Departments and provides assistance in applying for the same. The detailed explanation for the same shall be provided in Clause 3 of these Terms of Use.

d.  “Third Parties” refer to any Application, Company or individual apart from the Job Applicant, and the creator of this Platform. It shall include such payment gateways as partnered by the Company.

e.  The term “Platform” refers to the Website and mobile Application created by the Company which provides the Client to avail services of the Company thru the use of the platform.

f.  "Users/Member/Job Seeker" means a person, who completes the registration process and avails the services of the Platform to look for recruitments that have been opened by Government Departments across India.

g. Recruiter” means the Government bodies who post announcements of job vacancies and recruitment exams on the Platform.

h.  The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.

i.  The use of this Platform by the Job Applicants is solely governed by these Terms as well as the Privacy Policy and other policies as listed on the Platform, and any modifications or amendments made thereto by the Company, from time to time, at its sole discretion. If you continue to access and use this Platform, you are agreeing to comply with and be bound by the following Terms and Conditions of Use and Our Privacy Policy. The Job Applicant expressly agrees and acknowledges that these Terms and Policy are co-terminus in nature and that expiry/termination of either one will lead to the termination of the other.

j.  The Job Applicant unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the Job Applicant and the Company, and that the Job Applicant shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Platform, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The Job Applicant acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the Job Applicant and that the Job Applicant’s act of visiting any part of the Platform constitutes the Job Applicant’s full and final acceptance of these Terms and the aforementioned Policy.

k.  The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the Job Applicant, and the Job Applicant expressly agrees that any such amendments or modifications shall come into effect immediately. The Job Applicant has a duty to periodically check the terms and stay updated on its requirements. If the Job Applicant continues to use the Platform following such a change, the Job Applicant will be deemed to have consented to any and all amendments/modifications made to the Terms. In so far as the Job Applicant complies with these Terms, it is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to access and use the Platform and the Services. If the Job Applicant does not adhere to the changes, you must stop using the Services at once. Your continued use of the Services will signify your acceptance of the changed terms.

2. REGISTRATION

a.  Registration is not mandatory for all Job Applicants in order to acquire information about the Platform or its features, however, to avail the services including but not limited to accessing the study material or assistance in applying for the jobs posted on the Platform, the Job Applicant shall be registered on the platform;

General Terms

b.  The Job Applicants are also provided with an option to link their Facebook/Google accounts with the Platform at the time of their registration in order to smoothen the process of registration.

c.  Registration for this Platform is available only to those above the age of Eighteen (18) years, barring those “Incompetent to Contract” which inter alia include insolvents. If you are a minor and wish to use the Platform as a Job Applicant, you may do so through your legal guardian or with the consent of your legal guardian. The onus for the consequences of the actions of the minors shall be borne solely by their guardians and no onus for the same shall lie with the Platform.

d.  Further, at any time during your use of this Platform, including but not limited to the time of registration, you are solely responsible for protecting the confidentiality of Your User name and password, and any activity under the account shall be deemed to have been done by you. In the case that you provide us with false and/or inaccurate details or we have reason to believe you have done so, we hold the right to permanently suspend your account. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. You will immediately notify us of any herein below use of your account.

3. PLATFORM OVERVIEW

The Platform shall provide information on the job openings or recruitment exams announced for vacancies in Government departments in various states and also the Central Government. In addition to this study material for these recruitment exams would be provided on the Platform, these can be accessed only by the registered Job Applicants. In furtherance to this the Platform also provides assistance to the Job Applicants in applying for the vacancies or the recruitment exams, the details of which are provided on the Platform. This service is also available only to the registered Job Applicants. The Job Applicants will provide the required details for applying, including but not limited to the details of their educational qualification, identification records, domicile certificate copies etc. through the platform to the Company and they may place an order with the Company after which the Company will apply for the job vacancy or the recruitment exam on their behalf. In addition to this the platform will have blogs and links to results for various government exams, this may be accessed by any Job Applicant who is visiting the Platform.

4. ELIGIBILITY

a.  The Job Applicants further represent that they will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.

b.  The Job Applicants may not use the Platform if they are not competent to contract or are disqualified from doing so by any other applicable law, rule or regulation currently in force.

5. CONTENT

All text, graphics, Job Applicant interfaces, visual interfaces, photographs, trademarks, logos, brand names, descriptions, sounds, music and artwork (collectively, ‘Content’), is generated/provided by Platform and the Platform have control over it and assures a reasonable quality, the accuracy, integrity or genuineness of products sold on the Platform.

The Platform only publishes information on the job vacancies, recruitment exams or any other details pertaining to the same in the form of blogs as it is provided them. The Company or the Platform does not guarantee the authenticity of the information published on the Platform in any manner.

All the Content displayed on the Platform is subject to copyright and shall not be reused by any party (or a third party) without the prior written consent of the Company and the copyright owner.

The Job Applicants are solely responsible for the integrity, authenticity, quality and genuineness of the feedback and comments by Job Applicants can be made via the Platform, the Platform bears no liability whatsoever for any feedback or comments made by the Job Applicants or made in respect of any of the content on the Platform. Further, the Platform reserves its right to suspend the account of any Job Applicant for an indefinite period to be decided at the discretion of the Platform or to terminate the account of any Job Applicant who is found to have created or shared or submitted any Content or part thereof that is found to be untrue/inaccurate/misleading or offensive/vulgar. The Job Applicant shall be solely responsible for making good any financial or legal losses incurred through the creation/sharing/submission of Content or part thereof that is deemed to be untrue/inaccurate/misleading.

The Job Applicants have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the Content on the Platform. Job Applicants shall not copy, adapt, and modify any content without written permission of the Company.

8. TERM

a.  These Terms shall continue to form a valid and binding contract between the Parties and shall continue to be in full force and effect until the Job Applicant continues to access and use the Platforms.

b.  The Job Applicants may terminate their use of the Platform at any time.

c.  The Company may terminate these Terms and close a Job Applicant’s account at any time without notice and/or suspend or terminate a Job Applicant’s access to the Platform at any time and for any reason, if any discrepancy or legal issue arises.

d.  Such suspension or termination shall not limit our right to take any other action against you that the Company considers appropriate.

e.  It is also hereby declared that the Company may discontinue the Services and Platforms without any prior notice.

9. TERMINATION

a.  The Company reserves the right, in its sole discretion, to unilaterally terminate the Job Applicant’s access to the Platform, or any portion thereof, at any time, without notice or cause.

b.  The Platform also reserves the universal right to deny access to particular Job Applicants, to any/all of are on its Platform without any prior notice/explanation in order to protect the interests of the Platform and/or other visitors to the Platform.

c.  The Platform reserves the right to limit, deny or create different access to the Platform and its features with respect to different Job Applicants, or to change any of the features or introduce new features without prior notice.

d.  The Job Applicant shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the Job Applicant shall not have the right to terminate these Terms till the expiry of the same.

10. COMMUNICATION

By using this Platform and providing his/her identity and contact information to the Company through the Platform, the Job Applicants hereby agree and consent to receive calls, e-mails or SMS from the Company and/or any of its representatives at any time.

Clients can report to "legal@jobseternal.com" if they find any discrepancy with regard to Platform or content-related information and the Company will take necessary action after an investigation.  The response with resolution (if any issues found) shall be dependent on the time is taken for investigation.

The Job Applicant expressly agrees that notwithstanding anything contained hereinabove, it may be contacted by the Company or any representatives relating to any Product purchased by the Job Applicant on the Platform or anything pursuant thereto and the Job Applicants agrees to indemnify the Company from any and all harassment claims. It is expressly agreed to by the Parties that any information shared by the Job Applicant with the Company shall be governed by the Privacy Policy.

11. PAYMENT

Charges

a.  Registration on the Platform is free of cost at present. However, in case of availing the services, the Student Job Applicants shall pay a one-time service fee directly to the Company in any of the prescribed modes of Payment Methods
  1. Debit Card
  2. Credit Cards
  3. Amex Card
  4. Net Banking
  5. E-Wallet
  6. UPI

b. Online Payment Gateways: Razorpay and Pay U

c.  The Job Applicant(s) acknowledges that a minimum of one of the above payment methods shall be offered on the Platform. The Job Applicants are solely responsible for the genuineness of credentials and payment information provided on the Platform and the Platform shall not be liable for any consequences, direct or indirect, resulting from the provision of incorrect or untrue credentials or payment information by any Job Applicants.

d.  The payment is processed through a third-party gateway and the Job Applicant shall be bound by the third party’s terms and conditions.

e.  The Owners shall have the discretion to decide the rent for their property and set it out clearly in the listing of the property being made by them on the Platform.

f.  The Job Applicants avail the services, shall pay the fee in accordance with the rates specified on the Platform.

g. In the event of money getting deducted from the Job Applicant’s Account, despite a failure of transaction, the payment deducted will be returned to the Job Applicant’s account within 7 working days.

12. JOB APPLICANT OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT

The Job Applicants agrees and acknowledges that they are a restricted Job Applicant of this Platform and that they:

a.  Agree to provide genuine credentials during the process of registration on the Platform. The Job Applicants shall not use a fictitious identity to register. The Company is not liable if the Job Applicant has provided incorrect information.

b.  Agree to ensure the Name, Email address, Address, Mobile number and any such other information provided during account registration is valid at all times and shall keep your information accurate and up-to-date. The Job Applicant can update their details anytime through accessing their profile on the platform.

c.  Will ensure that the photographs provided for applying to the job vacancies is not taken more than 6 months prior to providing the same.

d.  Agree and understand that they shall be responsible for reading and understanding the official notification by the recruiter and ensure that they eligible for applying for the job before availing assistance on the Platform to apply for the same.

e.  Will not hold the Company or Platform responsible for any discrepancies in the job application filed on behalf of the Job Applicant.

f.  Agree that they are solely responsible for maintaining the confidentiality of their account password. The Job Applicants agree to notify the Company immediately of any unauthorized use of your account. Company reserves the right to close your account at any time for any or no reason.

g.  Understand and acknowledge that the data submitted is manually entered into the database of the Platform. The Job Applicant also acknowledges the fact that data so entered into the database is for the purpose of easy and ready reference for the Job Applicant, and to streamline the Services through the Platform.

h. Authorize the Platform to use, store or otherwise process certain personal information and all published Content, Client responses, Client locations, Job Applicant comments, reviews and ratings for personalization of Services, marketing and promotional purposes and for optimisation of Job Applicant-related options and Services.

i.  Understand and agree that, to the fullest extent permissible by law, the Platform/Company and their successors and assigns, or any of their affiliates or their respective officers, directors, employees, agents, licensors, representatives, operational service providers, advertisers or suppliers shall not be liable for any loss or damage, of any kind, direct or indirect, in connection with or arising from use of the Platform or from this terms of use, including, but not limited to, compensatory, consequential, incidental, indirect, special or punitive damages.

j.  Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or obtained from the Platform. Any such use/limited use of the Platform will only be allowed with the prior express written permission of the Company.

k.  Agree not to access (or attempt to access) the Platform and/or the materials or Services by any means other than through the interface provided by the Platform. The use of deep-link, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform will lead to suspension or termination of the Job Applicant’s access to the Platform. The Job Applicant acknowledges and agrees that by accessing or using the Platform or any of the Services provided therein, it may be exposed to content that it may consider offensive, indecent or otherwise objectionable. The Company disclaims any and all liabilities arising in relation to such offensive content on the Platform.

l.  Expressly agree and acknowledge that the Content generated by the Job Applicant and displayed on the Platform is not owned by the Company and that the Company is in no way responsible for the content of the same. The Job Applicant may, however, report any offensive or objectionable content, which the Company may then remove from the Platform, at its sole discretion.

m.  Expressly agree that authorised representatives of Owners of the property handling their account on the Platform, shall have documented authorisation from the Owners to do so. In the event of any dispute with regard to the authorisation process, the Company or the Platform shall not be made liable for the same.

n.  Expressly consents to follow the terms and conditions, and policies of the Vendor affiliated with the Company from whom the Job Applicants are utilizing services.

The Job Applicant further undertakes not to:

  1. Engage in any activity that interferes with or disrupts access to the Platform or the Services provided therein (or the servers and networks which are connected to the Platform);
  2. Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
  3. Probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. The Job Applicant may not reverse look-up, trace or seek to trace any information relating to any other Job Applicant of, or visitor to, the Platform, or any other viewer of the Platform, including any Job Applicant account maintained on the Platform not operated/managed by the Job Applicant, or exploit the Platform or information made available or offered by or through the Platform, in any manner;
  4. Disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked Platforms;
  5. Use the Platform or any material or content therein 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 this Platform or any other third party (s);
  6. Violate any code of conduct or guideline which may be applicable for or to any particular service offered on the Platform;
  7. Violate any applicable laws, rules or regulations currently in force within or outside India;
  8. Violate any portion of these Terms or the Privacy Policy, including but not limited to any applicable additional terms of the Platform contained herein or elsewhere, whether made by amendment, modification, or otherwise;
  9. Commit any act that causes the Company to lose (in whole or in part) the Services of its Internet Establishment ("ISP") or in any manner disrupts the Services of any other supplier/service provider of the Company/Platform;

Further

10. The Job Applicant hereby expressly authorizes the Company/Platform to disclose any and all information relating to the Job Applicant in the possession of the Company/Platform to law enforcement or other government officials, as the Company may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property. The Job Applicant further understands that the Company/Platform might be directed to disclose any information (including the identity of persons providing information or materials on the Platform) as necessary to satisfy any judicial Order, law, regulation or valid governmental request.

11. By indicating Job Applicant's acceptance to purchase any product or service offered on the site, the Job Applicant is obligated to complete such transactions after making payment. Job Applicants shall prohibit from indicating their acceptance to avail services where the transactions have remained incomplete.

12. The Job Applicant agrees to use the services provided by the Company, its affiliates, consultants and contracted companies, for lawful purposes only.

13. The Job Applicant agrees not to make any bulk purchase to indulge in any resale activities. In case of any such instances, the Company reserves all rights to cancel the current and future orders and block the concerned Job Applicant account.

14. The Job Applicant agrees to provide authentic and true information. The Company reserves the right to and validate the information and other details provided by the Job Applicant at any point of time. If upon verification such Job Applicant details are found to be false, not to be true (wholly or partly), the Company shall in its sole discretion reject the registration and debar the Job Applicant from using the Services available on its Website, and/or other affiliated websites without prior intimation whatsoever.

15. The Job Applicant agrees not to post any material on the Platform that is defamatory, offensive, obscene, indecent, abusive, or needlessly distressful, or advertising any goods or services. More specifically, the Job Applicant agrees not to host, display, upload, update, publish, modify, transmit, or in any manner share any information that:

  1. belongs to another person and to which the Job Applicant has no right to;

  2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, 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;

  3. is in any way harmful to minors;

  4. infringes any patent, trademark, copyright or other proprietary rights;

  5. violates any law for the time being in force;

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

  7. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;

  8. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;

  9. Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, 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; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

  10. Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

13. SUSPENSION OF JOB APPLICANT ACCESS AND ACTIVITY

Notwithstanding other legal remedies that may be available, the Company may in its sole discretion, limit the Job Applicant’s access and/or activity by immediately removing the Job Applicant’s access credentials either temporarily or indefinitely, or suspend/terminate the Job Applicant’s association with the Platform, and/or refuse to usage of the Platform to the Job Applicant, without being required to provide the Job Applicant with notice or cause:

a.  If the Job Applicant is in breach any of these Terms or the Policy;

b.  If the Job Applicant has provided wrong, inaccurate, incomplete or incorrect information;

c.  If the Job Applicant’s actions may cause any harm, damage or loss to the other Job Applicants or to the Company, at the sole discretion of the Company.

14. INDEMNITY

The Job Applicants of this Platform agree to indemnify, defend and hold harmless the Company/Platform, and their respective directors, officers, employees and agents (collectively, "Parties"), from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arise out of, result from, or maybe payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed pursuant to these terms of use. Further, the Job Applicant agrees to hold the Company/Platform harmless against any claims made by any third party due to, or arising out of, or in connection with:

  1. Job Applicant’s use of the Platform,
  2. Job Applicant’s violation of these Terms and Conditions;
  3. Job Applicant’s violation of any rights of another;
  4. Job Applicant’s alleged improper conduct pursuant to these Services;
  5. Job Applicant’s conduct in connection with the Platform;

Job Applicant agrees to fully cooperate in indemnifying the Company and the Platform at the Job Applicant’s expense. The Job Applicant also agrees not to reach a settlement with any party without the consent of the Company.

In no event shall the Company/Platform be liable to compensate the Job Applicant or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the Company/ Platform had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the Job Applicant’s use of or access to the Platform and/or the Services or materials contained therein.

15. LIMITATION OF LIABILITY

a.  The Founders/ Promoters/ Partners/ Associated people of the Company/Platform are not responsible for any consequences arising out of the following events:

  1. If the Platform is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure;

  2. If the Job Applicant has fed incorrect information or data or for any deletion of data;

  3. If there is an undue delay or inability to communicate through email;

  4. If there is any deficiency or defect in the Services managed by Us;

  5. If there is a failure in the functioning of any other service provided by the Platform.

b.  The Platform accepts no liability for any errors or omissions, on behalf of itself, or for any damage caused to the Job Applicant, the Job Applicant’s belongings, or to any third party, resulting from the use or misuse of the Platform or any service availed of by the Job Applicant through the Platform. The service and any Content or material displayed on the service is provided without any guarantees, conditions or warranties as to its accuracy, suitability, completeness or reliability. The Platform will not be liable to you for the unavailability or failure of the Platform.

c.  Job Applicants are to comply with all laws applicable to them or to their activities, and with all Policies, which are hereby incorporated into this Agreement by reference.

d.  The Platform expressly excludes any liability for any loss or damage that was not reasonably foreseeable by the Platform and which is incurred by you in connection with the Platform, including loss of profits; and any loss or damage incurred by you as a result of your breach of these terms.

e. To the fullest extent permitted by law, the Platform shall not be liable to you or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the Platform.

16. INTELLECTUAL PROPERTY RIGHTS

Unless expressly agreed to in writing, nothing contained herein shall give the Job Applicant a right to use any of the Platform’s, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Platform and other distinctive brand features of the Platform are the property of the Company or the respective copyright or trademark owner. Furthermore, with respect to the Platform created by the Company, the Company shall be the exclusive owner of all the designs, graphics and the like, related to the Platform.

The Job Applicant may not use any of the intellectual property displayed on the Platform in any manner that is likely to cause confusion among existing or prospective Job Applicants of the Platform, or that in any manner disparages or discredits the Company/Platform, to be determined in the sole discretion of the Company.

17. DISCLAIMER OF WARRANTIES AND LIABILITIES

a.  The Job Applicant agrees and undertakes that they are accessing the Platform at their sole risk and are that they are using their best and prudent judgment before availing any service listed on the Platform or accessing/using any information displayed thereon.

b.  The Job Applicant agrees that any kind of information, resources, activities, recommendations obtained/availed from Platform, written or oral, will not create any warranty and the Platform disclaims all liabilities resulting from these.

c.  The Company/Platform does not guarantee that the Services contained in the Platform will be uninterrupted or error-free, or that the Platform or its server will be free of viruses or other harmful components, and the Job Applicant hereby expressly accepts any and all associated risks involved with the Job Applicant’s use of the Platform.

d.  It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.

18. JURISDICTION

The Parties to the Term hereby mutually agree that Jurisdiction for any claim arising out of the said terms shall lie with the courts in Delhi, India.

19. FORCE MAJEURE

Neither the Company nor the Platform shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labour shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.

20. DISPUTE RESOLUTION AND JURISDICTION

It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of these Terms and any disputes arising therefrom will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.

a.  Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of all Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to any other Party, the dispute will be resolved by arbitration, as detailed herein below;

b.  Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on all Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be Delhi, India.

The Parties expressly agree that the Terms of Use, Privacy Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India.

21. NOTICES/GRIEVANCES

Any and all communication relating to any dispute or grievance experienced by the Job Applicant may be communicated to the Company by the Job Applicant by emailing to legal@jobseternal.com.

22. MISCELLANEOUS PROVISIONS

a.  Entire Agreement: These Terms, read with the Policy, form the complete and final contract between the Job Applicant and the Company with respect to the subject matter hereof and supersedes all other communications, representations and agreements (whether oral, written or otherwise) relating thereto.

b.  Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.

c.  Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.

d.  Contact Us: If you have any questions about this Policy, the practices of the Platform, or your experience with the Service provided by the Platform, you can contact us at "legal@jobseternal.com".


copyright 2020 by Solventic Solutions Privet Limited, all rights reserved.

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