These Terms and Conditions are effective from 1st January 2017.
These Terms and Conditions constitute a binding agreement between you and JYA Consulting (SMC-Private) limited (“JYA Consulting”) operating this website/job portal, are deemed accepted by you each time that you use or access JYA Consulting website/job portal or services. If you do not accept the Terms and Conditions stated here, do not use the JYA Consulting website/job portal and other allied services.
The JYA Consulting website/job portal also allow users to create individual profiles, which may include personal information ("Profiles"), and to make these profiles, or aspects thereof, public. In addition, JYA Consulting may collect information about you from publicly-available website/job portal and may use this information to create a Profile or append it to an existing profile.
JYA Consulting may revise these Terms and Conditions at any time by posting an update. You will notified by email about the update. You are advised to visit website periodically to review the most current Terms and Conditions because they are binding on you.
Users who violate these Terms and Conditions may have their access and use of the JYA Consulting website/job portal suspended or terminated, at discretion of JYA Consulting.
Use of JYA Consulting Website/Job portal
JYA Consulting authorizes you, subject to these Terms and Conditions, to access and use the JYA Consulting website/job portal and the JYA Consulting Content (as defined below) and to download and print the content available on or from the JYA Consulting website/job portal solely for your personal, non-commercial use. Distribution and unauthorized use of the JYA Consulting website/job portal contents, registered members profiles and resume may violate terms and conditions specified hereunder is strictly prohibited.
Any code that JYA Consulting creates to generate or display any JYA Consulting Content or the pages making up any JYA Consulting Website/job portal is also exclusive property of JYA Consulting (SMC-Private) Limited.
You agree not to sell or modify the JYA Consulting Content or reproduce, display, publicly perform, distribute, or otherwise use the JYA Consulting Content in any way for any public or commercial purpose, in connection with products or services that are not those of the JYA Consulting website/job portal, in any other manner that is likely to cause confusion among consumers, that disparages or discredits JYA Consulting, that dilutes the strength of JYA Consulting, or that otherwise infringes JYA Consulting intellectual property rights. You further agree to in no other way misuse JYA Consulting Content. The use of the JYA Consulting Content on any other application, website/job portal or in a networked computer environment for any purpose is prohibited. Any code that JYA Consulting creates to generate or display any JYA Consulting Content or the pages making up any Application or Service is also protected and you may not copy or distribute it.
The job posting, CV database and other features of the JYA Consulting website/job portal may be used only by individuals seeking employment and/or career information and by employers seeking employees. Your use of the JYA Consulting services is also subject to any other contracts you may have with JYA Consulting. In the case of any conflict between these Terms and Conditions and any contract you have with JYA Consulting, the Terms and Conditions of your contract will prevail.
All JYA Consulting Website/Job Portal Users agree to not:
- Take any action that imposes an unreasonable or disproportionately large load on any JYA Consulting website/job portal's infrastructure;
- Use any device to navigate or search any JYA Consulting website/job portal other than the tools available on the website/job portal, generally available third party web browsers, or other tools approved by JYA Consulting;
- Use any data mining, robots or similar data gathering or extraction methods;
- Violate or attempt to violate the security of any JYA Consulting website/job portal including attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
- Reverse engineer or decompile any parts of any JYA Consulting website/job portal;
- Aggregate, copy or duplicate in any manner any of the JYA Consulting Content or information available from any JYA Consulting website/job portal, including expired job postings, other than as permitted by these Terms and Conditions;
- Frame or link to any JYA Consulting Content or information available from any JYA Consulting website/job portal, unless permitted by these Terms and Conditions;
- Post any content or material that promotes or endorses false or misleading information or illegal activities, or endorses or provides instructional information about illegal activities or other activities prohibited by these Terms and Conditions, such as making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses or pirating media;
- Post any CV or Profile, or apply for any job on behalf of another party;
- Share with a third party any login credentials to any JYA Consulting website/job portal;
- Access data not intended for you or logging into a server or account which you are not authorized to access;
- Post or submit to any JYA Consulting website/job portal any incomplete, false or inaccurate biographical information or information which is not your own;
- Post content that contains restricted or password-only access pages, or hidden pages or images;
- Solicit passwords or personally identifiable information from other users;
- Delete or alter any material posted by any other person or entity;
- Harass, incite harassment or advocate harassment of any group, company, or individual;
- Send unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes promoting and/or advertising products or services to any User, or contact any users that have specifically requested not to be contacted by You;
- Attempt to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to any JYA Consulting website/job portal, overloading, "flooding", "spamming", "mail bombing" or "crashing";
- Promote or endorse an illegal or unauthorized copy of another person's copyrighted work, such by as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;
- Use the JYA Consulting services for any unlawful purpose or any illegal activity, or post or submit any content, CV, or job posting that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined by JYA Consulting’s discretion; or
- Post any CV which is not a genuine CV and which attempts to advertise or promote products or services.
Violations of system or network security may result in civil and/or criminal liability. JYA Consulting 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.
You are responsible for maintaining the confidentiality of your account, Profile and passwords, as applicable. You may not share your password or other account access information with any other party, temporarily or permanently, and you shall be responsible for all uses of your JYA Consulting website/job portal registrations and passwords, whether or not authorized by you. You agree to immediately notify JYA Consulting of any unauthorized use of your account, Profile, or passwords.
Additional Terms & Conditions Applicable to Employers
JYA Consulting is not to be considered to be an employer with respect to your use of any JYA Consulting website/job portal and JYA Consulting shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on any JYA Consulting website/job portal.
A Job posting may not contain:
- Any hyperlinks, email addresses, other than those specifically authorized by JYA Consulting;
- The names, logos or trademarks of unaffiliated companies other than those of your customer, and you have express permission;
- Inaccurate, false, or misleading information;
- Material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under age 16.
You may not use your JYA Consulting job posting or JYA Consulting Account to:
- Post jobs in a manner that does not comply with applicable local, national and international laws, including but not limited to laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property;
- Post jobs or other advertisements for competitors of JYA Consulting or post jobs or other content that contains links to any website/job portal competitive with JYA Consulting;
- Sell, promote or advertise products or services;
- Post any franchise, pyramid scheme, "club membership", distributorship, multi-level marketing opportunity, or sales representative agency arrangement;
- Post any business opportunity that requires an upfront or periodic payment or requires recruitment of other members, sub-distributors or sub-agents;
- Post any business opportunity that pays commission only unless the posting clearly states that the available job pays commission only and clearly describes the product or service that the job seeker would be selling;
- Promote any opportunity that does not represent bona fide employment;
- Endorse a particular political party, political agenda, political position or issue;
JYA Consulting reserves the right to remove any job posting or content from any JYA Consulting website/job portal, which in the reasonable exercise of JYA Consulting’s discretion, does not comply with the above Terms and Conditions, or if any content is posted that JYA Consulting believes is not in the best interest of JYA Consulting.
If at any time during your use of the JYA Consulting services, you made a misrepresentation of fact to JYA Consulting or otherwise misled JYA Consulting in regards to the nature of your business activities, JYA Consulting will have grounds to terminate your use of the JYA Consulting services.
Use of the JYA Consulting Applicant’s Resumes by Employers
You shall use the JYA Consulting Applicant’s Resumes as provided in these Terms and Conditions and in any contract you have with JYA Consulting. You shall use the JYA Consulting Applicant’s Resume in accordance with all applicable privacy and data protection laws, and you agree, you shall not further disclose any of the data from JYA Consulting Resume Database to any third party.
You shall take appropriate physical, technical, and administrative measures to protect the data you have obtained from JYA Consulting CV Database from loss, misuse, unauthorized access, disclosure, alteration or destruction.
The JYA Consulting Applicant’s Resumes shall not be used:
- For any purpose other than as an employer seeking employees, including but not limited to advertising promotions, products, or services to any CV holders;
- To make unsolicited phone calls or faxes or send unsolicited mail, email, text messages (SMS) or newsletters to CV holders or to contact any individual unless they have agreed to be contacted (where consent is required or, if express consent is not required, who has informed you that they do not want to be contacted);
- To source candidates or to contact job seekers or CV holders in regards to career fairs and business opportunities prohibited by Section 2.
Additional Terms and Conditions applicable to Job Seekers.
When you register with JYA Consulting website/job portal, you will be asked to create an account and provide JYA Consulting with certain information including, without limitation, a valid email address.
Any Profile you submit must be accurate and describe you, an individual person. The Profile requires standard fields to be completed and you may not include in these fields any telephone numbers, street addresses, email addresses or other means of contacting you.
You acknowledge and agree that you are solely responsible for the form, content and accuracy of any CV or material contained therein placed by you on the JYA Consulting website/job portal/job portal.
JYA Consulting reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter or you have agreed to receive, such offers may be made by JYA Consulting or by third parties.
You understand and acknowledge that you have no ownership rights in your account and that if you cancel your JYA Consulting account or your JYA Consulting account is terminated, all your account information from JYA Consulting, including CVs, Profiles, cover letters, saved jobs, questionnaires will be marked as deleted in and may be deleted from JYA Consulting's databases. In addition, third parties may retain saved copies of your Information.
User Content and Submissions
You understand that all information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages or other materials submitted, posted or displayed by you on or through a JYA Consulting website/job portal ("User Content") is the sole responsibility of the person from which such User Content originated. JYA Consulting claims no ownership or control over any User Content. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any User Content you submit, post or display on or through JYA Consulting and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying User Content on or through JYA Consulting, you grant JYA Consulting a worldwide, non-exclusive, royalty-free, transferable, sub-licensable license to use, reproduce, adapt, distribute and publish such User Content through JYA Consulting. In addition, by submitting, posting or displaying User Content which is intended to be available to the general public, you grant JYA Consulting a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content for the purpose of promoting JYA Consulting and its services. JYA Consulting reserves the right to refuse to accept, post, display or transmit any User Content in its sole discretion.
You also represent and warrant that you have the right to grant, or that the holder of any rights, including moral rights in such content has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant, the license stated above. If you post User Content in any public area of any JYA Consulting website/job portal, you also permit any User to access, display, view, store and reproduce such User Content for personal use. JYA Consulting may review and remove any User Content that, in its sole judgment, violates these Terms and Conditions, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of any JYA Consulting website/job portal. JYA Consulting reserves the right to expel Users and prevent their further access to the JYA Consulting website/job portal and/or use of JYA Consulting Services for violating the Terms and Conditions or applicable laws, rules or regulations. JYA Consulting may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for JYA Consulting, damage JYA Consulting’s brand or public image, or cause JYA Consulting to lose Users or (in whole or in part) other suppliers.
JYA Consulting does not represent or guarantee the truthfulness, accuracy, or reliability of User Content, derivative works from User Content, or any other communications posted by Users nor does JYA Consulting endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.
The following is a partial list of User Content that is prohibited on the Application. The list below is for illustration only and is not a complete list of all prohibited User Content.
- Is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual;
- Harasses, incites harassment or advocates harassment of any group or individual;
- Involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing, “spamming” or “phishing”;
- Promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- Promotes or endorses an illegal or unauthorized copy of another person's copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;
- Contains restricted or password only access pages, or hidden pages or images;
- Displays or links to pornographic, indecent or sexually explicit material of any kind;
- Provides or links to material that exploits people under the age of 16 in a sexual, violent or other manner, or solicits personal information from anyone under 16; or
- Provides instructional information about illegal activities or other activities prohibited by these Terms & Conditions, including without limitation, making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses or pirating any media; and
- Solicits passwords or personal identifying information from other Users.
Any Profile you submit must describe you, an individual person.
Profiles derived from User Content may also be made available through the JYA Consulting website/job portal. JYA Consulting does not make any representations regarding the accuracy or validity of such derived works or their appropriateness for evaluation by employers. Derived Profiles may differ significantly from User Content.
JYA Consulting's Liability.
The JYA Consulting website/job portal act as, among other things, venues for (i) employers to post job opportunities and search for and evaluate job candidates and (ii) candidates to post CVs and Profiles and search for and evaluate job opportunities. JYA Consulting does not screen or censor the listings, including Profiles offered. JYA Consulting is not involved in, and does not control, the actual transaction between employers and candidates. As a result, JYA Consulting is not responsible for User Content, the quality, safety or legality of the jobs or CVs posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings and JYA Consulting makes no representations about any jobs, CVs or User Content on the JYA Consulting website/job portal. While JYA Consulting reserves the right in its sole discretion to remove User Content, job postings, CVs or other material from the JYA Consulting website/job portal from time to time, JYA Consulting does not assume any obligation to do so and to the fullest extent permitted by law, disclaims any liability for failing to take any such action.
Because User authentication on the Internet is difficult, JYA Consulting cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in User-to-User dealings or control the behavior of participants on any JYA Consulting website/job portal, in the event that You have a dispute with one or more Users, You release JYA Consulting (and our sister concerns and employees) from claims, demands and damages (actual and consequential and 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 to the fullest extent permitted by law.
The JYA Consulting website/job portal and the JYA Consulting Content may contain inaccuracies or typographical errors. JYA Consulting makes no representations about the accuracy, reliability, completeness, or timeliness of any JYA Consulting website/job portal or the JYA Consulting Content. The use of all JYA Consulting website/job portal and the JYA Consulting Content is at your own risk. Changes are periodically made to JYA Consulting website/job portal and may be made at any time. JYA Consulting cannot guarantee and does not promise any specific results from use of any JYA Consulting website/job portal. No advice or information, whether oral or written, obtained by a User from JYA Consulting or through or from any JYA Consulting website/job portal shall create any warranty not expressly stated herein.
If notified of any content or other materials which allegedly do not conform to these Terms and Conditions, JYA Consulting may in its sole discretion investigate the allegation and determine whether to remove or request the removal of the content. JYA Consulting has no liability or responsibility to Users for performance or non-performance of such activities.
Disclaimer of Warranty
To the fullest extent possible by law, JYA Consulting does not warrant that any JYA Consulting website/job portal or any JYA Consulting services will operate error-free or that any JYA Consulting website/job portal and its servers are free of computer viruses or other harmful mechanisms. If your use of any JYA Consulting website/job portal or the JYA Consulting content results in the need for servicing or replacing equipment or data or any other costs, JYA Consulting is not responsible for those costs. The JYA Consulting website/job portal and JYA Consulting contents are provided on an "as is" basis without any warranties of any kind. JYA Consulting, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose and non-infringement. JYA Consulting makes no warranties about the accuracy, reliability, completeness, or timeliness of the JYA Consulting content, services, software, text, graphics, and links.
Disclaimer of Consequential Damages
To the fullest extent possible by law, in no event shall JYA Consulting, its suppliers, or any third parties mentioned on any JYA Consulting website/job portal be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data, lost employment opportunity or business interruption) resulting from the use or inability to use any JYA Consulting website/job portal and the JYA Consulting content, whether based on warranty, contract, tort, or any other legal theory, and whether or not JYA Consulting is advised of the possibility of such damages.
Links to Other Website/Job Portal
The JYA Consulting website/job portal contain links to third party website/job portal. These links are provided solely as a convenience to you and not as an endorsement by JYA Consulting of the contents on such third-party website/job portal. JYA Consulting is not responsible for the content of linked third-party website/job portal and does not make any representations regarding the content or accuracy of materials on such third party website/job portal. If you decide to access linked third-party website/job portal, you do so at your own risk.
You agree to defend, indemnify, and hold harmless JYA Consulting, its affiliates, and their respective officers, directors, employees from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material You provide to any JYA Consulting website/job portal, (ii) Your use of any JYA Consulting Content, or (iii) Your breach of these Terms and Conditions. JYA Consulting shall provide notice to you promptly of any such claim, suit, or proceeding.
Termination of Registration
These Terms and Conditions will remain in full force and effect while you are a User of JYA Consulting website/job portal. JYA Consulting reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of your User Content from the JYA Consulting website/job portal and immediate termination of your registration with or ability to access the JYA Consulting website/job portal and/or any other services provided to you by JYA Consulting, upon any breach by you of these Terms and Conditions or if JYA Consulting is unable to verify or authenticate any information you submit to a JYA Consulting website/job portal registration.