|Terms and Conditions|
www.historyfile.net. BY ACCESSING AND USING THE SERVICES OF THIS SITE
REGISTRATION WITH THE SITE
In order to use the general services offered through the Site, You need to be a Registered User of the Site.
You agree to provide us with accurate and complete registration information. It shall be Your responsibility to inform us of any changes to that information. Each registration is for a single individual only, unless specifically designated otherwise on the registration page. You are responsible for maintaining the confidentiality of Your information and password. You shall be responsible for all uses of Your registration, whether or not authorized by You. You agree to immediately notify us of any unauthorized use of Your registration or password.
USE OF THE SITE / USER CONDUCT
As an Employee:
You may use this Site and any information hosted and/or posted on the Site but not limited to writings, comments, files (audio or video), images and/or other work, document or information that You see, hear or otherwise experience on the Site (singly or collectively, the "Content") solely for Your career/employment purpose only.
As an Employer:
You may use this Site and any information hosted and/or posted on the Site but not limited to writings, comments, files (audio or video), images and/or other work, document or information that You see, hear or otherwise experience on the Site (singly or collectively, the "Content") solely for Your Firm/Company's employment/Human Resource needs when you have been registered as Authorised Person of the Firm/Company. Authorised Person maybe Managing Director, Directors, Human Resource Manager or in the case of an Educational Firm, the Principal, Placement Coordinator
As a Recruiter/Placement Agency:
You may use this Site and any information hosted and/or posted on the Site but not limited to writings, comments, files (audio or video), images and/or other work, document or information that You see, hear or otherwise experience on the Site (singly or collectively, the "Content") solely for Your client's employment/Human Resource needs when you have been registered as recruiting Firm/Company.
You shall not:
(a)use the Site or post or modify any Content to defame, abuse, solicit, harass, stalk, threaten or otherwise violate the legal rights of any person. You shall not use the Site or post or modify any Content to distribute any information that promotes or contains bigotry, racism, hatred, profanity or obscenity or promotes physical harm.
(b)engage in any fraudulent, abusive or illegal activity, including but not limited to any communication or solicitation designed or intended to fraudulently obtain the password or any private information of any person.
(c)Post any Content that You believe to be false, or misleading.
(d)use the Site or post any Content to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material.
(f)run any form of auto responder, mail list or spam on the Site or any processes that are run or are activated while you are not logged on.
(g)distribute any downloaded file that You know, or reasonably should know, cannot be legally distributed.
(h)reproduce,duplicate, copy, sell, resell or exploit for any commercial purpose, or redistribute or publish the information and Content provided by us or obtained from us without obtaining Our prior express written consent. This restriction includes any attempt to incorporate any information provided by us into any other directory, product, or service.
(i)post,distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You (j)may not submit any Content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party.
(k)cache or permit caching by any person.
(l)do any act, including without limiting, running internet relay chats or IRC bots, or any other acts that may cause the overload of the servers or which will adversely affect the Site as provided, unless there is an explicit written permission from us to do so.
(m)use the Site or post any Content to store and/or display and/or publish any adult content, which without limitation includes all pornography, erotic images and messages, or otherwise lewd or obscene content. The designation of "adult content" is left entirely to Our discretion.
We do not investigate, represent or endorse the accuracy, legality, legitimacy, operability, availability, validity or reliability of any Content including any advertisements, advice, comments, ratings, listings and recommendations contained on, distributed through, or linked, downloaded or accessed from the Site.
Any references made by the Site to any names, marks, products or services of third parties or hypertext links to any third party site or information do not constitute or imply Our endorsement, sponsorship or recommendation of the third party, of the quality of any product, service, advice, information or other materials displayed, or obtained by You as a result of an advertisement or any other information or offer in or in connection with the Site.
We act as a channel for the online posting, distribution and publication of user-submitted Content and have no obligation to screen communications or Content in advance and are not responsible for screening or monitoring any material posted by users. If notified by a user of communications which allegedly do not conform to these Terms and Conditions, We may investigate the allegation and determine in good faith and it's Our sole discretion whether to remove or request the removal of such communication.
By submitting content to any area of the Site, including message boards, forums, contests and chat rooms, you grant us and Our affiliates a royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant 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. You also permit any User to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the Site retains any and all rights that may exist in such content.
MODIFICATION,EDITING AND DELETION OF CONTENT
Only a Registered User of the Site will be able to post comments and additional comments on the Site till the time he is a valid existing user of the Site. Such Registered User agrees not to post, directly or indirectly, any comment that is derogatory, abusive, obscene, defamatory, offensive, infringing or violative of applicable laws in any way. The opinion as to whether such comment is derogatory, abusive, obscene, defamatory, offensive, infringing or violative of applicable laws shall be solely at Our discretion.
However, at no point of time, will a Registered User be able to modify, edit or delete any comment once posted by such user. All modification, editing and deletion rights shall be vested with us and will be at Our sole discretion.
Content submitted for publication on the Site may in Our discretion be edited, in whole or in part, for length, clarity, legal applicability and/or consistency.
We cannot check to ensure whether the content you provide is accurate or if it infringes legal rights of others. We urge you to investigate and ensure that information provided by you do not infringe the legal right of others. During the period that You use the Site. You also agree to not provide any information that:
(a) infringes on the intellectual property rights of any third party or any rights of publicity or privacy;
(b) violates any law, statute, ordinance or regulation;
(c) is defamatory, trade libellous, unlawfully threatening or unlawfully harassing;
(d) is obscene, pornographic or indecent; or
(e) contains viruses or other computer programming routines that are intended to damage or detrimentally interfere with any system, data or personal information;
(f) under no circumstances unsolicited message/s of communication in any form (SPAM) shall be sent by the client to any third party. Neither shall the client send any communication to any of its client which is not desired by him. If we receive any complaint from any third party that they have received unsolicited communication, then we shall terminate the services immediately, without giving any notice. If the service is terminated due to SPAMMING, then we shall not be liable for any damages neither shall be refund any amount received towards service fee. We shall terminate the services immediately without assigning any reason if You do not follow the client covenants as stated above.
(g) is false, incorrect, or which has MALICIOUS INTENT about other people, especially about people who You report to (higher officials such as managers) or about people who report to You (such as subordinates).
The Site and the Content, including editorials, is protected by copyright law and international treaty provisions and may not be copied or imitated in whole or in part. No logo, trademark, graphic or image from the Site may be copied or retransmitted without Our prior express written permission.
LINKING TO THIRD PARTY WEBSITES
Links to external Internet sites could be provided within the Site as a matter of convenience to You. The listing of such external site does not imply endorsement of such site by us. We do not make any representations regarding the availability, reliability and performance of the Site or any of the external sites.
If You click on any advertisement banner, sponsor link, or any other external link from or available on the Site, Your browser automatically may direct You to a new browser window that is not hosted or controlled by us and We are not responsible for the content, functionality or technological safety of these external third party links/sites.
LINKING TO THIS SITE
Linking of this Site can be solely undertaken for legal purposes. You may also connect deep links to the Site, i.e., create links to this Site that bypass the home page or other parts of the Site only for legal purposes. You may mirror or frame the home page or any other pages of this Site on any other website or web page provided that such mirroring or framing is not done or undertaken for any commercial benefits. We reserve the right to discontinue the linking at Our sole discretion without any prior notification to You.
You shall indemnify, defend and hold us harmless, and all Our officers, directors, owners, agents, employees, content providers, partners, suppliers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from Your use of the Site and/or Content. We reserve the right, at are own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You and You shall not in any event settle any matter without Our prior written consent.
TERMINATION AND CONSEQUENCES
If You provide us with any information that is untrue, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, then We have the right to suspend or terminate Your access to the Site (or any portion thereof). Notwithstanding the above, We may at any point have the right to terminate Your access to the Site.
The failure of either party to exercise any rights provided for herein shall not be deemed a waiver of any further right hereunder.
GOVERNING LAW AND JURISDICTION
RELATIONSHIP OF PARTIES
It is expressly agreed that We and You are acting hereunder as independent contractors.
MODIFICATION OF AGREEMENT
You agree, during the period of this Agreement, that we may: (1) revise the terms and conditions of this Agreement; and (2) change the services provided under this Agreement. Any such revision or change will be binding and effective immediately on posting of the revised Agreement or change to the service(s) on our web site, or on notification to you by e-mail or regular mail as per the Notices clause of this agreement. You agree to review our web site, including the Agreement, periodically to be aware of any such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice by e-mail or regular mail as per the Notice clause of this agreement. Notice of your termination will be effective on receipt and processing by us. You agree that, by continuing to use the Services following notice of any revision to this Agreement or change in service(s), you abide by any such revisions or changes.
You agree that, unless other instructions are posted on Our Web site, any notices required to be given under this Agreement will be deemed to have been given if delivered by email or fax, or sent by certified mail, return receipt requested, or other recognized overnight delivery service to each of the parties in accordance with the most current contact information you have provided to us. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission. Mail shall be sent to:
Arambankudyil Consultancy Private Limited
Email- john @ arambankudyil.net
MODIFICATION TO YOUR ACCOUNT
In order to change any of your account information with us, you must use your email address (that you used when you opened your account with us) and Password (that you use to login). Please safeguard your Account Identifier i.e. the email address and Password from any unauthorized use. In no event we will be liable for the unauthorized use or misuse of your email address or Password.
We reserve our right to distribute any search results and/or advertising result in Pop-up, Pop-under, exit widows, expanding buttons or animations to you that is pertinent to the quality or operation of our services and those of our service partners. These announcements will be predominately informative in nature and may include notices describing changes, upgrades, new products or other information to add security or to enhance your experience with Our service.
You agree to release, indemnify, and hold Us, Our contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney's fees, of third parties relating to or arising under this Agreement, the Services provided hereunder or your use of the Services, including without limitation infringement by You, or someone else using the E-mail Service with your computer, Your email address, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policy relating to the service(s) provided. You also agree to release, indemnify and hold us harmless pursuant to the terms and conditions contained in this document. You shall indemnify, defend and hold Arambankudyil Consultancy harmless against any third party claim, action, suit or proceeding alleging any breach of the Client Covenants or arising from errors or inaccuracies in the content. When we are threatened with lawsuit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in deactivation of your account.
INACCURATE OR UNRELIABLE DATA
You hereby represent and warrant that the data provided in the registration application is true, correct, up to date and complete and that you will continue to keep all the information provided up-to-date. Your willful provision of inaccurate or unreliable information,your willful failure to promptly update information provided to the Us, or any failure to respond for over 1 month to our inquiries addressed to Your e-mail address, shall constitute a breach of this Agreement.
You agree that failure to abide by any provision of this Agreement, any operating rule or policy or the Dispute Policy provided by us, may be considered by us to be a material breach and that we may provide a written notice, describing the breach, to you. If within five (5) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement, then we may delete Your account. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach by you
You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.
Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.
Heading used in this agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such clause or in any way affect this agreement.
Our failure to require performance by You of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
You agree that this Agreement, the rules and policies published by us and the Dispute Policy are the complete and exclusive agreement between you and us regarding our Services. This Agreement and the Dispute Policy supersede all prior agreements and understandings, whether established by custom, practice, policy or precedent.
This Agreement shall be governed and construed in accordance with the laws of Union of India. Both parties agree to submit to the jurisdiction to the city of Kochi, State of Kerala.
You attest that you are of legal age to enter into this Agreement.
TERM AND TERMINATION
a) The term of this Agreement shall begin on the date of signing of this Agreement and shall continue in effect till the final delivery of the service.
b) You can terminate the service/s provided/to be provided by Us by giving a prior 30 days notice.
c) In case of termination of contract initiated by You, then You are required to settle the full payment for the engagement period fees (if any) and other incidental expenses incurred by us.
d) Arambankudyil Consultancy can terminate the services provided/to be provided to You if You become insolvent, delinquent, unable to pay its debt or violates any term/s and condition/s of this Agreement.
All information that is provided by You on the Site is considered Our property. Information considered proprietary or confidential by You may be required by Us to understand your complete profile. Confidential information will be kept in confidence and protected from disclosure to unauthorized persons to the same extent the receiving party protects its own confidential information, but We in no event shall be liable for the disclosure or use of proprietary information that is provided by you on the Site.
Part of the Site contains advertising/other material submitted to Arambankudyil Consultancy by third parties. Responsibility for ensuring that material submitted for inclusion on the Site complies with applicable International and National law is exclusively on the advertisers and Arambankudyil Consultancy will not be responsible for any claim, error, omission or inaccuracy in advertising material. Arambankudyil Consultancy reserves the right to omit, suspend or change the position of any advertising material submitted for insertion. Acceptance of advertisements on the Site will be subject to Arambankudyil Consultancy terms and conditions which are available on request.
We communicate information provided and created by advertisers, listing agencies, publishers, users, resellers, third parties and You. We have no control over the accuracy, legality, legitimacy, validity or reliability of such information on the Site, which may also include technical inaccuracies or typographical errors.
We make no guarantee, nor do We take any responsibility for the Content including its quality, authenticity, copyright compliance or legality, or any resulting loss or damage. The Content not limited to the availability of any product or service or any feature thereof, is subject to change without notice.
We reserve the right, in Our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the Site.
ANY USE OF THE SITE AND ANY USE OF THE CONTENT SHALL BE AT YOUR SOLE RISK. WE DISCLAIM ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, COMPLETENESS, LEGALITY, LEGITIMACY, VALIDITY, RELIABILITY, OPERABILITY OR AVAILABILITY OF THE CONTENT, INFORMATION OR MATERIAL DISPLAYED ON THE SITE. THE SITE (INCLUDING ALL CONTENT HEREIN) ARE PROVIDED "AS IS" AND ARE AVAILABLE WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DISCLAIM, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE SITE AND ANY CONTENT HOSTED ON IT. WE DO NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DISCLAIM ANY AND ALL WARRANTIES TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INCLUDING ANY WARRANTIES FOR ANY CONTENT, INFORMATION, GOODS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH THE SITE.
LIMITATION OF LIABILITY
a) Notwithstanding anything contained herein to the contrary, We shall not be liable to You or any third person for any delay or default in performing its obligations hereunder is caused by force majeure, such as wars or insurrections, riots, acts of governments, riots, strikes, work stoppages, labour troubles, fire, explosions, earthquake, flood, embargoes and/ or inability to obtain materials, acts of God, electricity failure, telephone disruption, policy change by Government of India/Department of Telecom/other related department or other cause outside Our reasonable control. Arambankudyil Consultancy and its officers, directors or employees shall not be liable in any event for loss of anticipated profits, loss by reason of shutdown, or interruption of service or other consequential loss or damage of any nature arising from any cause whatsoever even if Arambankudyil Consultancy has been advised of the possibility of such damages.
b) Under no circumstances aggregate liability payable by Us exceed the total fee received from You under this Agreement.
c) We shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise out of loss or corruption of data during transit or storage on Our servers.
d)We shall have no liability to You for any interruption or delay in access to the Site irrespective of the cause.
IN NO EVENT SHALL WE BE LIABLE TO ANY USER ON ACCOUNT OF ANY USE, MISUSE OR RELIANCE ON THE SITE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF WE ARE AWARE OF OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE SITE. WE DO NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, CONTENT, PRODUCT, SERVICES, OR PROCESSES DISCLOSED ON THE SITE OR ANY OTHER MATERIAL OR INFORMATION ACCESSIBLE FROM THE SITE.
THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
ACCEPTANCE OF AGREEMENT
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS AND AFTER AGREEING WITH ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT AND DISPUTE POLICY YOU ARE FILLING THE EMPLOYEE REGISTRATION PAGE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING WITH THIS SITE AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
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