Acknowledgement and the Acceptance of the Terms and
Conditions :
The
terms and conditions appearing hereafter comprise the entire contract between the User (as defined below) and the Company (as
defined below) and supersede all prior contracts 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 contract
to be bound by all of the terms and conditions of the Company as appearing
below.
In this contract the following
expressions shall have the following meanings defined below:
§ "Contract” 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 Ahmedabad
§ “Commencement Date” 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.
§ ”User” Is defined as an individual or
corporate subscriber for the Services and the signatory, whose particulars are
contained in the registration form and includes his successors and permitted
assignees.
§ “E-Services” Is defined as the services to be
provided by the Company to the User at bsmms.com including the provision of
facilities for the following:-
1. A User who wishes to make of posting of resume or
curriculum vitae for the purpose of seeking employment
2. A User who wishes to secure recruitment through bsmms.com
and its Internet links.
3. A User who wishes to insert advertisements at bsmms.com.
4. User who wishes to receive advertisements and promotional
messages on and through emails.
§ “Career Kit” Is defined as the information and
description of the Services for the User from time to time provided by the
bsmms.com in writing or contained within bsmms.com
§ “Registration Data” Is defined as all particulars and
information of the User requested on initial application and subscription,
including but without limiting to the User’s name, mailing address, email
address, account and telephone number.
Service
· The Service shall commence on the
Commencement Date.
Fees
· The fees for the Services
shall be at the applicable rate indicated in the rate card or such other rates
as may be prescribed by the Company from time to time. (“Registration Fees”).
· Liability for
the Registration Fees shall accrue from the Commencement Date.
Payment Mode
Terms
of Payment
· 50% in advance & 50% at the
time of activation of account in the form of DD/Cheque
· To subscribe to our services, send
us details of your vacancies with your payment favouring “bsmms.com” to
our head office in Ahmedabad.
· The User is solely responsible for
the accuracy of the Registration Data given to the Company on initial
application for the Service.
· The User is responsible for the
set-up or configuration of his equipment for access to account.
· 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 is 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 account.
· The User will immediately notify
the Company of any un-authorized use of the User’s account or any other breach
of security known to the User.
Prohibited Use
· User will not to allow any person
other than the authorized person(s) named in the application form to use the
Service.
· The User shall not to 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 not to use the
Service for any unlawful purpose including without limitation criminal
purposes.
· The User shall not to 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 bsmms.com to any other User
or third party who access bsmms.com without reasonable cause or for causing any
threat, harassment, annoyance, inconvenience or anxiety to any person.
· The User is prohibited to
introduce, post or transmit any information or software, which contains a
virus, worm or other harmful component into the internet or bsmms.com network
system.
Safety and other features
· The User will take all such
measures as may be necessary (including without limitation 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).
· The User acquires no rights to any
mailbox number, the user identification, circuit reference and any codes
assigned to him by the Company and except as otherwise proved herein, the
Company reserves the right to change or re-assign the same to the User at its
sole discretion without being liable to the User in damages or otherwise.
· In the event of theft or loss of
user identification, password or security word, the User must notify the
Company immediately by telephone and 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 and the
employee of the organization. Subscriber will take all necessary pre-cautions
to prevent un-authorized access or leakage of username and password being used
by the subscriber.
· The user shall not use any software
to automatically download or extract either a complete or partial resume from bsmms
database without prior consent from bsmms in writing.
Maintenance of Service
· The Company may at any time
deactivate or suspend the User’s access to bsmms.com and/or the Services (as
the case may be) without notice to carry out system maintenance, upgrading,
testing, repairs and other related work. Without prejudice to the other
provisions of this contract, the Company shall not be liable for any loss and
damage, costs and expense that the User may suffer or incur, and no fees or
charges payable by the User to the Company shall be deducted, refunded or
rebated, as a result of such deactivation or suspension.
Disqualification of service
· Either party to this agreement may
terminate this Agreement by giving prior notice in writing of 30 days.
· The Company may in its sole
discretion waive or accept in writing a shorter period of notice from the User
· (a)if in the opinion of the Company,
the User has breached any of the terms or conditions of this agreement.
(b)if, in the opinion of the Company or any regulatory authority, it is
not in the public interest to continue providing the Service to the User for
any reason.
(c)if the User is declared a bankrupt or the User enters into any
compromise or arrangement with its creditors.
Suspension of Service
· 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.
· 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.
Disclaimer
· The Company shall not be liable for
any loss of information howsoever caused whether as a result of any
interruption, suspension, or termination of the Service or otherwise, or for
the contents, accuracy or quality of information available, received or 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.
· The Company makes no
representations and warranties of any kind, whether expressed or implied, for
the Services and in relation to the accuracy or quality of any information
transmitted or obtained through the Services or bsmms.com.
· The Company’s liability under this
contract shall not in any event exceed the total amount of fees and charges
paid by the User to the Company for the period immediately preceding three (3)
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 and particulars nor
for any error, omission or inaccuracy with respect to any information so
disclosed.
· The Company does not warrant that
JobsAhead.com or any of the web sites linked to bsmms.com be free of any
operational errors nor that it will be free of any virus, worm, or other
harmful component.
· The User acknowledges that it is
not the Company’s policy to exercise editorial control over and to edit or
amend any data or contents of any emails or posting or any information that may
be inserted or made available or transmitted to a third party in or through
bsmms.com. The Company may refuse, suspend, terminate, delete or amend any
artwork, materials, information or content of any data or information or
posting so as, in the sole opinion of the Company, to comply with the legal or
moral obligations as placed on the Company and to avoid infringing a third
party’s rights or any other rules, standards or codes of practices that may be
applicable to the posting or bsmms.com or the internet.
Agree order of using data
The User hereby agrees and
irrevocably authorizes the Company to:
· Use any data and information
supplied by the User in connection with this contract for the Company’s own
purpose, to the company supplying such data and information to any other
associated companies or selected third parties.
· Allow all data and information
supplied by the User in using the Service to remain at bsmms.com for the use of
the Company in accordance with service contrqact 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.
Confidentiality
· Both parties hereby agree also
agree that they shall use all reasonable efforts to prevent their employees,
officers, agents 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 relevant regulatory body.
· The Company maintains a policy of
strict confidentiality of all data and information submitted by the User and
the Company
· The User is entitled to access to
his own data and information stored in the database at bsmms.com (subject to
prior confirmation of identity) and may edit or amend such data and information
at any time.
· The copyright, know how or any
other related intellectual property to the System or bsmms.com shall be the
sole and exclusive property of the Company. In the event the User has
contributed any content to bsmms.com 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 can 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.
· 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
contract will be updated from time to time and posted at bsmms.com. The User
should 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.
Modification Mode
· The Company reserves the right to
modify or discontinue the Service with or without notice to the User. 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.
Subject to Ahmedabad Jurisdiction
· This Contract and any dispute or
matter arising from incidental use bsmms.com is governed by the laws of India and the User and the Company
hereby submit to the exclusive jurisdiction of the courts at (Ahmedabad )State-Gujarat, India.