Terms of Use:
This document is an electronic record in terms of the Information Technology Act, 2000, and rules there under, as applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011, that require publishing the rules and regulations, Privacy Policy and user agreement for access or usage of http://www.KaamKaaj.com
KaamKaaj.com welcomes You! We are a Job and Jobseeker’s Resume Portal connecting Jobseekers and Employers / Placement Consultants & Agencies in the Employment / Recruitment market. KaamKaaj.com and our subsidiaries and affiliates (collectively “KaamKaaj.com”) provide you with access to a variety of services, including but not limited to the www.KaamKaaj.com website (the “Website”) and KaamKaaj.com’s mobile applications and all the products and services available through our website (collectively the “Services”). These Terms of Use govern access to and use of KaamKaaj.com’s Services. This Website is owned and operated by LNM Technologies Private Limited, a company incorporated under the Indian Companies Act, 1956, and having its principal place of business at A/602, Riveria block, Eldeco Green Meadows, Pocket C, Sector-PI, Greater Noida, Gautam Buddha Nagar, (U.P.) India 201308.
You are allowed to use our Services only if you can form a binding contract with us, and only in compliance with our Terms of Use and all applicable laws. The following terms and conditions apply to everyone (including Placement Consultants and Agencies) who uses KaamKaaj.com’s services, and they govern the relationship between KaamKaaj.com and its users during their use of KaamKaaj.com’s services.
Please read these Terms carefully before using our services. By accessing and using our services, you explicitly agree to comply with and be bound by our Terms of Use and Privacy Policy.
Our Services:
Our Services comprise a variety of employment-related products and services made available through our Website and KaamKaaj.com mobile application. These Services include screening of jobseeker’s Resume, their subscription, placement facilitation, background verification and advertisements etc. The Services may sometimes be located on third-party websites or applications, either as links from an add-on service to, or otherwise in connection with, websites or applications that those third parties control. Our Services also include paid products and services. By purchasing or using our paid products and services, you agree to these Terms of Use.
The Use:
KaamKaaj.com may require that you register in order to use some or all of the features and functionalities of the Website. We may, in our sole discretion, permit or deny your registration. Once we permit you to register with the Website, you agree and undertake to access the Website only using the unique username / email id / mobile number and password, as amended by you from time to time, associated with your registration. You will be solely responsible for maintaining the confidentiality of such password and agree that the password is intended for use solely by you. We may permit you to register with the Website using your Facebook or Twitter account. If you complete your Registration via Facebook or Twitter all applicable Facebook and Twitter terms of use and any changes to the same shall apply to you in addition to these Terms of Use.
You understand that for the purpose of effectively using the Website you may be required to provide accurate information including but not limited to your name, address, mobile number and e-mail id (collectively referred to as “User Content”). You represent that you have all rights required to provide the information that you have provided to the Website, including the User Content and represent that they are true and accurate.
You agree and understand that this Website and the contents are intended for people who are 18 years of age or above. You hereby represent that you are 18 years of age or above and competent to contract within the meaning of section 11 of the Indian Contract Act, 1872.
If you are registering as a Placement Consultants and / Placement Agencies, you represent that you are duly authorized to register and by accepting these Terms of Use you bind such underlying business entity to these Terms of Use.
You will be solely responsible for your acts on the Website including those conducted under the username assigned to you. You understand and agree that KaamKaaj.com may, in our sole discretion, terminate your access to the Website without notice and you waive any right to claim access to the Website or any other claim that you may have. Any data of your usage may be retained or deleted at KaamKaaj.com’s sole discretion. You agree that the User Content uploaded can be used and viewed by other third parties who access the Website.
By using our Services and providing us with your contact information, you agree that we can send you communications about our services and job / employment related matters / alerts. By using our services or by filling out any forms/agreements on or through the services, providing us with information or making an inquiry, you acknowledge that we have an established business relationship with you and you expressly consent to being contacted by us or our service providers, whether by phone, mobile phone, text (SMS), email, postal mail or otherwise. From time to time, when you call us we may wish to record those phone calls for quality assurance and customer’s / user’s satisfaction purposes. In those jurisdictions where consent is required in order for a party to record any telephone call, you consent for us to record your call when you call us.
All User Content will be used and processed in accordance with these Terms of Use and the Privacy Policy. You agree that you have read and understood the Privacy Policy.
Permitted Use:
You agree that you will use the Website as jobseekers for the purposes of seeking employment and / or career information and as employers / placement consultants / placement agencies for the purposes of seeking jobseekers’ resume, placement facilitation and background verification. Your use of the KaamKaaj.com services offered by the company through KaamKaaj.com and its mobile applications is also subject to any other contracts you may have with the company. In the case of any conflict between these Terms and any contract you have with KaamKaaj.com, the terms of your contract will prevail.
You will use the Website and any information available in accordance with all applicable laws and regulations. These Terms of Use are in addition to and not in derogation of any other agreements or terms and conditions agreed upon or entered into by you.
Prohibited Use:
In relation to the use and access of the Website, its content and features, you agree and undertake not to:
• Take passwords or personally identifiable information from other Users.
• To do probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
• Accessing data not intended for such user or logging into a server or account which the user is not authorized to access.
• To interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to any KaamKaaj.com Site, overloading, flooding, spamming, mail bombing or crashing.
• Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
• Defer any contact from an employer to any agent, agency, or other third party.
• Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
• Post any jobs on any KaamKaaj.com Site for any competitor of the Company or posting jobs or other content that contains links to any site competitive with KaamKaaj.com.
• Post jobs or content on any KaamKaaj.com Site that contain any hyperlinks, email addresses, HTML Tags, hidden keywords or any keywords that are irrelevant to the job or are otherwise misleading contained in a job posting.
• Use any KaamKaaj.com website’s Resume Database for any purpose other than as an employer seeking employees, including but not limited to using the information in the Resume Database to sell or promote any products or services.
• Post or submit to any KaamKaaj.com website any incomplete, false or inaccurate biographical information or information which is not your own or any misleading information.
• Post on any KaamKaaj.com website any franchise, pyramid scheme, “club membership”, distributorship or sales representative agency arrangement or other business opportunity which requires an upfront or periodic payment, pays commissions only (except for postings that make clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling, in which case such postings are permissible), requires recruitment of other members, sub-distributors or sub-agents.
• Post the names, logos or trademarks of unaffiliated companies other than those of your customer save where expressly agreed by the Company.
• Post the names of colleges, cities, states, towns or countries that are unrelated to the posting.
• Post more than one job or job description, more than one location, or more than one job category, unless the website so allows.
• Post any material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone who is of an age of less than 18 years.
• Post jobs that require citizenship of any particular country or lawful permanent residence in a country as a condition of employment, unless otherwise required in order to comply with law, regulations, executive order, or federal, state or local government contract.
• Post jobs that include any screening requirement or criterion in connection with a job posting where such requirement or criterion is not an actual and legal requirement of the posted job.
• Sell, promote or advertise products or services, unless otherwise agreed to contractually agreed by the Company.
• Request the use of human body parts or the donation of human parts, including, without limitation, reproductive services such as egg donation and surrogacy;
• Endorse a particular political party, political agenda, political position or issue.
• Promote a particular religion, faith or belief.
• Send unsolicited mail or e-mail, making unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of products or services to a user of any KaamKaaj.com Site.
• Delete or revise any material posted by any other person or entity.
• Take any action that imposes an unreasonable or disproportionately large load on any KaamKaaj.com website’s infrastructure.
• Use any data mining, robots or similar data gathering or extraction methods. Notwithstanding anything to the contrary contained herein, use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search any KaamKaaj.com website other than the search engine and search agents available from the Company on such KaamKaaj.com website.
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of any KaamKaaj.com website.
• Aggregate, copy or duplicate in any manner any of the KaamKaaj.com content or information available from any KaamKaaj.com website including expired job postings, other than as permitted by these Terms.
• Frame or link to any of KaamKaaj.com content or information available from any KaamKaaj.com website. and
• Use / insert any of the User’s URL, web link, e mail address and website while posting any job on KaamKaaj.com and all Users agree not to use / insert any of the User’s URL, web link, e mail address and website while posting any job on KaamKaaj.com.
The term “post” as used aforesaid shall mean information that you submit, publish or display on a KaamKaaj.com website.
If any of your actions on the Website or materials posted by you on the Website are flagged as inappropriate, KaamKaaj.com reserves the right to review such actions or content to determine, in our sole and absolute discretion, whether it violates these Terms of Use. If KaamKaaj.com removes your content or disables your account and/or access to the Website, you may assume that such removal or disablement was purposeful on the part of KaamKaaj.com. KaamKaaj.com may additionally refuse to let you re-register and/or use the features and functionalities of the Website in our sole discretion.
Security:
While KaamKaaj.com works to protect the security of your content and account, we cannot guarantee that unauthorized third parties will not be able to circumvent our security measures. Please notify us immediately in the event of any compromise or unauthorized use of your account. You are also responsible for maintaining the confidentiality of your account information and for ensuring that only authorized individuals have access to your account. You are responsible for all actions taken or content added through your account.
By using certain of our Services, you agree that KaamKaaj.com may create a user account for you. You can learn about our policies for data collected via user accounts in our privacy policy. Like all our accounts, you may delete it at any time
Our Rules for Content:
Your Content Is Your Responsibility : You are solely responsible for any messages, reviews, text, photos, graphics, code, or other information, content or materials that you post, submit, publish, display or link to through the Services or send to other KaamKaaj.com users.
KaamKaaj.com May Choose to Monitor User Content: KaamKaaj.com does not approve, control, or endorse your or anyone else’s User Content and has no obligation to do so. However, we reserve the right (but assume no obligation) to remove or modify User Content for any reason, at our sole discretion, including User Content that we believe violates our Terms of Use.
Be Truthful: You agree to provide accurate, complete, current, and truthful information when you add or edit facts about your candidature and requirements or otherwise provide content via the Services.
Do Not Post Illegal or Harmful Content : You agree not to post, submit, or link to any User Content or material that infringes, misappropriates, or violates the rights of any third party (including intellectual property rights) or that is in violation of any federal, state, or local law, rule, or regulation. You also agree not to post, submit or link to any User Content that is defamatory, obscene, pornographic, indecent, harassing, threatening, abusive, inflammatory, or fraudulent, purposely false or misleading or otherwise harmful.
Do Not Violate Others’ Rights: You agree not to post copyrighted material without permission from the owner of the copyright. This includes, for example, photographs or other content you upload via the Services. You also agree not to disclose confidential or sensitive information
You Grant KaamKaaj.com a License to Use Your Content : When you provide User Content via our Services, you grant KaamKaaj.com a royalty-free, perpetual, irrevocable, and fully sublicensable license to publish, reproduce, distribute, display, adapt, modify and otherwise use your User Content in connection with our Services. We can publish or promote your User Content on the social networking pages of KaamKaaj.com. We will not pay you or otherwise compensate you for the content you provide to us.
Your Content May Be Made Public : You understand and agree that any User Content that you post or submit to KaamKaaj.com may be redistributed through the Internet and other media channels, and may be viewed by the general public.
We reserve the right in our sole discretion to edit or remove information or materials provided by you.
Intellectual Property & Licences:
KaamKaaj.com Grants You a Limited License to Use Our Services:
Subject to these Terms of Use and any other policies we create, we grant you a limited, non-sublicensable right to access the Website, use our Services, and print materials for your personal, non-commercial, and informational use only. This license does not allow you to copy or sell our Services or Materials; scrape or mine our Website, Services, or Materials; or frame any part of our Website or Services. We reserve the right, without notice and in our sole discretion, to terminate your license to use the Website or Services, and to block or prevent future access to and use of the Website or Services.
Except for the limited license granted to you, you are not conveyed any other right or license in any way. Any unauthorized use of our Website or Services, and any use that exceeds the license granted to you, will terminate the permission or license granted by these Terms of Use.
You Agree:
• The contents of the Website including but not limited to the information, logos, designs, databases, arrangement of databases, user interfaces, response formats, videos, testimonials, software, audio, pictures, icons, are the sole property of KaamKaaj.com or our licensors. All intellectual property in and to the Website and its contents and functionalities shall vest solely with KaamKaaj.com or our licensors.
• Save for the limited right to access and use the Website in accordance with the Terms of Use and other applicable agreements, on a non-exclusive and non-transferable basis, there are no other rights being granted to you in the Website or any of its content and functionalities.
• To the extent required, you grant KaamKaaj.com a non-exclusive, royalty free, worldwide, transferrable, sub-licensable right to host, display, demonstrate, publicly perform, use, reproduce, format, and distribute any materials, trademarks, trade names and other forms of your intellectual property which you have provided to KaamKaaj.com.
• You have no right to make any copies of the whole or part of the Website or any of the content therein.
• You have no rights to remove, modify (including removing any copyright notices or proprietary markings) any part of the Website except for any User Content that belongs to you.
• You have no right to use any search mechanisms other than that provided on the Website and you will not use any web-crawler or any data harvesting tools to harvest data of any sort from the Website.
If you are found to be in violation of this clause KaamKaaj.com reserves the right to terminate your access to the Website immediately and take civil /criminal proceedings in court of law for said infringement.
Our Materials Are Protected
All materials in KaamKaaj.com’s Website and Services, including our branding, trade dress, trade names, logos, design, text, search results, graphics, images, pictures, page headers, custom graphics, icons, scripts, sound files and other files, and the selection and arrangement and compilation of information thereof (collectively “Materials”), are proprietary property of KaamKaaj.com, our suppliers, our licensors, or users, and are protected by Indian and international intellectual property laws, including copyright and trademark laws. Our Materials cannot be copied, imitated, or used, in whole or in part, without our prior written permission. You may not use any meta tags or any other “hidden text” utilizing “KaamKaaj.com” or any other name, trademark, or product name of KaamKaaj.com without our permission.
Our Use of Third Parties’ Marks Does Not Imply Endorsement
All other trademarks, registered trademarks, product names, and logos appearing on our Website and Services are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
No Warranties:
This website, the materials, and the services are provided on an “as is” basis without warranties of any kind, either express or implied. All use of KaamKaaj.com’s website, materials, and services is at your sole risk.
We specifically disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, Non-Infringement and any warranties arising out of the course of dealing or usage of trade.
KaamKaaj.com takes no responsibility and assumes no liability for any User Content or other content, including links to web pages, that you or any other user or third party posts or transmits using our Website or Services. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children or otherwise unsuited to your purpose.
KaamKaaj.com is not responsible in any way for, does not monitor, and does not endorse or guarantee anything about any third-party content (including advertisements, offers, and promotions) that may appear in our Website or Services.
KaamKaaj.com does not represent in any manner that
• The information, data or contents of the Website are accurate.
• The Website will be available at all times and will operate error free or that there will be uninterrupted access and service.
• The integrity of the information on the Website or information you upload will be maintained.
• We endorses any of the views of any of the users who may have posted content.
• We have verified or guarantee the quality of services or representations made by any user of the Website.
• We have verified the credit worthiness of any user.
• We have screened or verified any of the information posted herein. and
• The Website or any content is free from viruses or other malware.
Any resume of jobseekers prepared by KaamKaaj.com on behalf of such jobseeker over phone shall be limited to the capture, by an employee or agent of KaamKaaj.com, of such information of the jobseekers that is the subject matter for employment. The resumes are then listed / submitted on the Website and are available (may be in limitation) for viewing by all persons who visit the specific pages associated with a listing / submission. Please be aware that the resumes are specific to a particular time and that what you see in them may have subsequently been altered. We do not take any responsibility for the accuracy of the resumes or for keeping the resumes updated. The resumes are intended only as a preliminary guide and it shall be entirely your responsibility to screen, view and determine the suitability (for your needs) of any resume listed on the Website prior to entering into any contract with respect to the same.
The Website is only a platform for the display of job / career information, jobseekers’ resume etc. for facilitating recruitment process that two users of the Website may enter into outside of the auspices of the Website or the Services provided by KaamKaaj.com. Any contractual or commercial agreements are agreed to between users alone and neither the Website nor KaamKaaj.com shall be in any manner liable or responsible for these commercial arrangements. KaamKaaj.com is not responsible for any breach of any contract concluded by any of the user/s.
The background verification services for the purpose of the screening the details of the jobseekers whose resumes are provided in the Website is outsourced to a third party service provider. In the event of any ambiguity, in your opinion, with respect to the details of the job seeker provided in regard hereto, you may contact the third party service provider directly, the details of which shall be provided by the KaamKaaj.com, upon request in writing. We do not take any responsibility / claim / loss pertaining to the accuracy of outcome highlighted through background verification services undertaken by third party.
Your use of the Website and its functionalities shall not act to make KaamKaaj.com your agent in any form or manner. Any disputes between you and any other user/s are to be resolved between you and such user/s only and KaamKaaj.com is not responsible and shall not be required to mediate or resolve any disputes or disagreements between such users. You acknowledge and agree that you cannot and will not enjoin KaamKaaj.com or our affiliates, officers, employees, agents and professional advisors as a party to any such dispute.
You expressly release KaamKaaj.com, our affiliates, officers, employees, agents and professional advisors from any cost, damage, liability or other consequence of any of the actions of the users of the Website.
Limitation of Liability:
In no event shall KaamKaaj.com, our officers, directors, agents, affiliates, employees, advertisers, or data providers be liable for any indirect, special, incidental, consequential or punitive damages (including but not limited to loss of use, loss of profits, or loss of data) whether in an action in contract, tort (including but not limited to negligence), equity or otherwise, arising out of or in any way connected with the use of this website, the materials, or our services. Some jurisdictions do not allow the exclusion or limitation of liability, so the above limitations may not apply to you.
The aggregate liability of KaamKaaj.com to you or anyone, whether in contract, tort, negligence or otherwise, howsoever arising, whether in connection with these Terms of Use, your access and use of this Website and its contents and functionalities or for any reason related to the operation of the Website, shall not exceed INR 100 (Indian Rupees One Hundred only). In no event shall KaamKaaj.com be liable for any loss of profits (anticipated or real), loss of business, loss of reputation, loss of data, loss of goodwill, any business interruption or any direct, indirect, special, incidental, consequential, punitive, tort or other damages, however caused, whether or not we have been advised of the possibility of such damages.
Termination:
Termination:
KaamKaaj.com reserves the right to terminate your access to the Website at any time, in our sole discretion. You acknowledge KaamKaaj.com’s right to do so and waive any claim that you may have arising from such termination. Notwithstanding the termination of access, all provisions, which by their nature are intended to survive, shall survive termination and continue to be applicable.
Force Majeure:
In no event shall KaamKaaj.com be liable for any acts beyond our control or for any acts of God.
Access:
KaamKaaj.com does not make any claim that the Website and its contents may be lawfully viewed or accessed in the jurisdiction you are viewing it in. You are solely responsible for complying with the laws applicable to you.
Complaints:
Should you have any complaints regarding the Website, including but not limited to abuse and misuse of the Website, copyright infringement and the like, or any issues related to data privacy please report the same to complaint@KaamKaaj.com
Please provide your name, email address, physical address and contact numbers so that KaamKaaj.com may be in a position to verify details or check the authenticity of the complaints.
Modification of KaamKaaj.com Services :
KaamKaaj.com reserves the right to modify or discontinue (completely or in part) our Website, Services, or any content appearing therein. KaamKaaj.com will not be liable to you or any third party if we exercise this right.
Modification of These Terms :
We reserve the right to change or modify these Terms of Use, or any policy or guideline of the Website or Services, at any time and in our sole discretion. Any changes or modifications will be effective immediately upon posting of the revisions to the Website or Services. You waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Website or Services following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Please review these terms and conditions periodically. Choice of Law :
These Terms of Use are governed by the laws of India. The courts in Delhi, India shall have exclusive jurisdiction over any claim or matter arising out of these Terms of Use.
No Waiver:
KaamKaaj.com’s failure to exercise or enforce any right or provision of the Terms of Use will not be deemed to be a waiver of such right or provision.
No Third-Party Beneficiaries or Rights :
These Terms of Use do not create any private right of action on the part of any third party or any reasonable expectation that the Website or Services will not contain any content that is prohibited by these Terms of Use.
Entire Agreement and Severability : These Terms of Use, the privacy policy and any amendments and additional agreements you might enter into with KaamKaaj.com in connection with our Website or Services, shall constitute the entire agreement between you and KaamKaaj.com concerning the Website or Services, and shall supersede any prior terms you had with KaamKaaj.com regarding the Website or Services.
If any provision of these Terms of Use is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary and the other provisions of these Terms of Use remain in full force and effect.
Assignment: You may not assign or otherwise transfer your rights or obligations under these Terms of Use. KaamKaaj.com may assign our rights and duties under these Terms without any such assignment being considered a change to the Term of Use and without any notice to you.
Notices : Any notices or other communications that you wish to send to KaamKaaj.com may be addressed to the principal office mentioned above.
Dispute Resolution :
Unless you have entered into an additional agreement with KaamKaaj.com that provides for an alternative dispute resolution mechanism, you agree that any dispute arising between you and KaamKaaj.com which cannot be resolved amicably, shall be conclusively resolved by a sole arbitrator. The Arbitration shall be conducted as per the Arbitration rules laid down under the Arbitration and Conciliation Act, 1996, and any modification/amendment effected thereafter from time to time. The arbitration shall be conducted in the English language and the award passed by the Arbitrator shall be final and binding on both parties. The cost of arbitration shall be borne by you, unless awarded otherwise.