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This website is owned and operated by ASPHIRE CAREERS L.L.P. These are the Terms of Use (“TOU”) under which you may use asphire.in and asphire.org (the “Sites”). By visiting and using the Sites, and accessing the information, resources, services, products and tools we provide, you indicate your agreement to these TOU, including ASPHIRE CAREERS LLP (the “Company’s”) Privacy Statement, each hereby incorporated by reference, and expressly agree to, and consent to be bound by, all of the terms and conditions contained therein. Please read this page carefully. This Agreement shall have the same legal effect and force as a written and signed document. If you do not agree to all of the terms and conditions, do not click access or use the site and exit the page. If you do not agree to or accept the TOU or any part thereof, do not access or use the Sites and exit the page. We reserve the right to change this TOU from time to time without notice. You acknowledge and agree that it is your responsibility to review this TOU periodically to familiarize yourself with any modifications. Your continued use of the Sites after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
1. The Company's Liability
The Company’s Sites provide an online platform for employers to post job opportunities, job seekers to announce their availability for employment, and for individuals to network socially with other Site(s) users. You understand that, except for information, products or services clearly identified as being supplied by the Sites, it does not operate, control or endorse any information, products or services on the Internet in any manner. All Content is the sole responsibility of the person from whom such Content originated. The Company does not control, and is not responsible for user-submitted Content. The Company also does not verify or censor any of the Sites’ content, nor is the Company involved in any manner with the actual transaction between employers and job seekers. Thus, the Company has no control over the quality or legality of the jobs, or job seeker qualifications, posted. The Company makes no representations about the truthfulness or reliability of any jobs posted, job seeker information or user content on the Sites, and encourages all employers to conduct their own investigation as to a job seeker’s suitability for employment and trustworthiness.
The Company makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained on any Site or its content. Likewise, the Company makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such Content posted on, transmitted through, and available through the Sites. Users of the Sites bear all risks associated with, the use and/or reliance upon any Content, and/or the representations made therein, and under no circumstances the Company will be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Sites. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. The Company is not to be considered an employer and shall not be responsible for any employment decisions, for whatever reason made, made by any entity posting jobs on any Site. The Company cannot guarantee that any job seeker will be exactly what any employer wants, or that the job seeker will perform as required. No advice or information obtained by a user from the Sites shall create any warranty whatsoever.
You assume total responsibility and risk for your use of the Sites and the Company provides the Sites and related information on "as is" basis and does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the service, any merchandise information or service provided through the service or on the internet generally, the Company shall not be liable for any cost or damage arising either directly or indirectly from any such transaction.
Please note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, underage persons or people who misrepresent themselves online. When you use our Sites you assume all risks associated with dealing with other users with whom you come in contact through our Sites. By its very nature, other people's information may be offensive, harmful, inaccurate, or untrue. Please be careful when using our, and other online, sites.
Because user authentication on the Internet is impossible, the Company does not warrant that each user is who they claim to be. Since the Company is not, and cannot be involved in user-to-user dealings or control the behavior of the participants on any Site, in the event that you have a dispute with one or more users, you release the Company (and our agents and employees) from claims and damages (whether actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
The Company will not be liable for any damages of any kind arising from the use of the Sites, including without limitation, direct, indirect, incidental, punitive or consequential damages. Even if the Company or its authorized representatives have been advised of the possibility of such damages, or (ii) any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through the service provided on the Sites, there shall be no liability fastened on the Company in any manner whatsoever.
You acknowledge and agree that you are solely responsible for the form, content and accuracy of any material placed by you, or your Mentor, on the Sites, and that you are 18 years of age or older. You also represent and warrant to the Company that you will use the Sites in a manner consistent with any and all applicable laws and regulations.
If you are using the site to find an employee, you may only find one employee per search fee, since we compensate others who have either registered the job seeker you ultimately hire, or who are in the reference chain. If you were to hire more than one employee per search fee we will not have received sufficient money from you with which to compensate the people who helped us with each of the job seekers you hired.
2. Permitted Uses of the Sites
By visiting the Sites and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
You are responsible for all activity pursuant to your use of the Site and services offered herein and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy and the transmission of technical or personal data, wherein, you understand that:
a). In order to access our Resources, you may be required to provide certain information about yourself (such as identification, email, phone number, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
b). You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
c). Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
d). Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
e). Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
f). You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
g). We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
i) Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
ii) Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
iii) Contains any type of unauthorized or unsolicited advertising;
iv) Impersonates any person or entity, including any employees or representatives of the Company.
We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any third party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
h). We do not assume any liability for any content posted by you or any other third party users of the Sites. However, any content posted by you using any open communication tools on the Sites, provided that it doesn't violate or infringe on any third party copyrights or trademarks, becomes the property of the Company, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources. All information provided as part of our registration process is covered by our Privacy Policy.
i). You agree to indemnify and hold harmless the Company and its affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such co-operation as is reasonably requested by us.
You shall
- notify the Company immediately of any unauthorized use of any password or account or any other known or suspected breach of security,
- report to the Company immediately and use all reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you,
- not impersonate another Company’s user or provide false identity information to gain access to or use the Service
You have the following rights to the Site(s): to post job openings and search job availability, and to socially network with other Site(s) users.
All content and materials available on the Sites, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of the Company, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by the Company.
3. Prohibited Uses of Our Site
Users are prohibited from violating the security of any Site(s) by engaging in the following: (a) accessing data not intended for such user or logging into an account which the user is not authorized to access; (b) attempting to test the vulnerability of a system or to breach any security or authentication measures; or c) attempting to overload, spam, or crash any Site by means of a “virus” or other software “attack” upon the Sites’ integrity. Any attempted Site violations may result in civil or criminal liability, and the Company will prosecute users who are involved in such violations.
Users may not use any Sites in order to transmit, or store material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, (c) that is defamatory, obscene, threatening, abusive or hateful, or (d) in a manner which jeopardizes India’s national security, contributes to social unrest, or sectarian violence.
All users agree not to engage in any activity which seeks to take advantage of or exploit other users of the Sites, or of the Sites themselves. This prohibited behavior includes, but is not limited to, the following: (a) offering business or sales opportunities; (b) offering jobs from competitors of the Company, (c) posting any inaccurate or misleading content on the Sites; (d) sending any unsolicited offer to Site users; (e) deleting any content or posting of other users; (f) engaging in any behavior which has the effect of degrading the performance of the Sites; (g) reverse engineering any portion of the Sites; (h) using or inserting a personal or corporate URL, web link, or email address, into any portion of the Sites (except where specifically requested by the Sites) and (i) duplicating, posting, or linking any Site content to other sites not belonging to the Company. Users may not use the Site(s) to transfer any money in violation of the any applicable law or regulation.
4. Prohibited Content on Our Sites-How to Report Abuse
Any content which is offensive, dangerous, invades the privacy of others, or is unlawful is prohibited from the Sites: This includes, but is not limited to, the following: (a) pornography,; (b) solicitation of illegal activities; (c) racial, religious, or ethnic slurs (d) incitement to violence against any individual for whatever reason; (e) the sending of junk mail or spam; (f) violating or advocating the violation of copyrighted works; (g) releasing private information of another user without their consent; and (g) providing information or instruction about illegal activities. Please report any abuse of our site to abuse@ASPHIRE.IN.
5. Our Use of Your Registration Information and Content
We may collect personal identification information from Users through voluntary submissions in a variety of ways, including, but not limited to, when Users visit our site, register on the site, avail the service(s), and in connection with other activities, services, features or resources we make available on the Sites. Users may be asked for, as appropriate, name, email address, mailing address, phone number. We will collect personal identification information from Users only if they voluntarily submit such information to us. We use good faith efforts to make it clear why the information is being collected and what it will be used for.
You understand and agree that the Company may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration screen. Without your prior consent the Company will not disclose to any third party your name, address, e-mail address or telephone number, except to the extent necessary to comply with applicable laws or in legal proceedings where such information is relevant.
We reserve the right to contact you via email to measure your satisfaction with our Sites, and in the case of employers, to determine the performance of any job seeker you hired through the Sites.
You are solely responsible for all the content you post on the Sites, and you warrant that you have the right to all this content. When you post this content on the Sites you give us a non-exclusive right to do whatever we wish with this information, subject to the restrictions in the preceding paragraph.
6. If You Violate The Terms of Use Or Pose A Threat You Will Be Expelled Although not responsible for screening or monitoring user content, the Company may review and delete any content that violates these Terms of Use, violates applicable law, rule or regulation, is offensive or illegal, violates the copyrights of another, or violates the rights of, harms or threatens the safety of users of the Company’s Sites. If you engage in prohibited behavior we will expel you from the Sites, and restrict your further access, and if appropriate, institute legal action against you. We will also remove your content from the Sites.
7. If You Send Us Unsolicited Ideas We Have The Right To Use Them Without Compensation
You are always welcome to provide us with your opinion as to the quality of our services, however, please do not send us any creative ideas, suggestions or other materials. Unfortunately, in the past other companies have been sued for patent infringement by individuals who provided the company with unsolicited ideas which the company later adopted. Therefore, it is our stated policy that we will not accept or consider creative ideas provided by our users. If you do provide us with such materials, please be advised that all such ideas will become the property of the Company, and we incur no obligation to you, and can use all such ideas without compensation.
8. Disclaimer of Consequential Damages
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY OF THE COMPANY’S SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY OF THE COMPANY’S SITES AND CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Indemnity
You agree to indemnify, defend and hold harmless, the Company, its affiliates, and their respective officers, directors, shareholders, officers, employees, agents, licensors, representatives, parent, subsidiaries, affiliates and third party providers to the Site (“indemnified parties”), from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you. You agree to indemnify, hold harmless, and defend the Company, its shareholders, directors, officers, employees, and agents, licensors, representatives, parent, subsidiaries, affiliates from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney's fees, asserted by any person, arising out of or relating to: (i) this User Agreement and/or any breach by you thereof; (ii) your use of the Sites, including any data, content, or material transmitted or received by you; (iii) any unacceptable or objectionable use of the Site, as we determine in Our sole discretion; (iv) any negligent or willful misconduct by you; and (v) as otherwise provided in the User Agreement.
10. General
Be sure to refer to the TOU regularly, since they change, and they do govern your relationship to the Company. The TOU constitute the entire agreement between you and the Company and govern your use of the Service. The TOU and the relationship between you and the Company shall be governed by the laws of the country of India without regard to its conflict of law provisions. The failure of the Company to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect.
11. Confidentiality Statement
At asphire.in & aspire.org (ASPHIRE CAREERS LLP), we understand and acknowledge that the services which we perform involve the furnishing of Confidential Information and therefore, we place a major emphasis on maintaining confidentiality of Client information and Information Security Management. We at asphire.in & aspire.org (ASPHIRE CAREERS LLP) follow the best practices to protect Confidential Information of our clients and to implement security measures to keep the said Confidential Information confidential. The following are the key features of our Confidentiality Agreement, applicable to all our clients.
i) We do not disclose, distribute, sell, license, transmit, or disseminate any information pertaining to our Clients to any third party/ies.
ii) We do not use our Clients identity or Clients brand for our marketing purposes, without their prior written consent.
iii) We never provide our Client's name or Client's information to other prospective clients for marketing purposes.
iv) We use such Confidential Information solely for purposes of the services offered at ASPHIRE.IN & ASPHIRE.ORG and do not use or exploit such Confidential Information, directly or indirectly.
v) We store the Confidential Information of our clients properly and securely and ensure that appropriate physical, technological and organisational measures are in place to protect the Confidential Information against an unauthorised or unintended access, use or disclosure
Confidentiality Agreement
It is understood and agreed that at asphire.in & asphire.org ( ASPHIRE CAREERS LLP), Client may provide certain information that is and must be kept confidential. To ensure the protection of such information, and to preserve any confidentiality necessary under the intellectual property laws, it is agreed that:
1. Confidential Information shall mean any and all facts, information and data of a confidential or proprietary nature relating to the Disclosing Party and includes financial, business, operational information, analyses, trade secrets, patent, copyright, technology, information relating to proprietary ideas and inventions, ideas, patentable ideas, trade secrets, drawings and/or illustrations, patent searches, existing and/or contemplated products and services, research and development, production, costs, profit and margin information, finances and financial projections, customers, clients, market intelligence, marketing and other business model/strategies and any other information of a confidential nature
2. ASPHIRE CAREERS LLP shall restrict for the purpose of protecting the disclosure of Confidential Information, disclosure of Confidential Information to its representatives directly engaged in the performing/rendering of services to the Client and ensure that such representatives will not disclose the Confidential Information obtained from the Client unless required to do by law.
.3. This Agreement imposes no obligation upon ASPHIRE CAREERS LLP ( asphire.in & asphire.org) with respect to any (a) Confidential Information known to them before receipt thereof from the Client/ user; (b) Information which is or becomes public or available to the general public; (c) Information obtained from a third party in lawful possession of such information that is not under a secrecy agreement obligation to the Originator; (d) Information independently developed by the ASPHIRE CAREERS LLP ( asphire.in & asphire.org) without breach of the restrictions contained in this Agreement.
4. The Confidential Information provided by the Client/ User is and shall at all times remain the exclusive property of the Client/ User, and neither the company (ASPHIRE CAREERS LLP) nor any of its Representatives shall acquire by implication or otherwise any right, title, interest or license in or to any Confidential Information supplied by the Client/ User, or to any intellectual property rights embodied in such Confidential Information.
5. If ASPHIRE CAREERS LLP ( WWW.ASPHIRE.IN & WWW.ASPHIRE.ORG) is compelled under Applicable Law to disclose (whether by way of announcement or otherwise) any Confidential Information pertaining to the Client/ User, it shall give prompt written notice of such fact to the Client/ User.
12. Insurance:
On availing services offered by the Company and upon a User procuring a job through the services offered by the Company, such User shall be entitled to an insurance cover for a limited period of time that such User retains such job, In the event such user losses his/ her employment in such job, for any reason, whatsoever, the above-said insurance cover shall automatically come to an end and his/ her entitlement to the insurance cover shall lapse. Details of the insurance cover are -
1. Sum Insured Band: Rs. 50,000
2. Product Construct: Non- Employer and Employee
3. 30 Day waiting period: Applicable
4. Family Definition: Self Only
5. Room Rent: Rs. 1000 for Normal and ICU
6. Employee would be using this policy once the GHI SI is exhausted offered by the respective corporate he is employed with.
7. Enrolment of those employees will be done who are placed or offered employment through Asphire Careers LLP.
8. Disease wise Limits are applicable as under:
Detailed terms and conditions of the insurance cover shall be governed by the insurance document.