• “Gharkamai.com” is a website owned and operated by Gharkamai. The following are the terms and conditions, which form a contractual agreement (“Agreement” or “Terms & Conditions”) between Gharkamai and the user. By visiting or using the services available from the domain and sub-domains of the website gharkamai.com, you are agreeing to be legally bound by this Agreement and are deemed to be a user (“User”).


• The ?gharkamai.com? website (?Site?) is a public site with free access and Gharkamai assumes no liability for the quality and genuineness of data displayed on the Site. Gharkamai does not monitor the accuracy of data or content posted on the Site by either jobseeking professionals or potential recruiters.


• The purpose of this Site is to provide a platform for job-seeking professionals and recruiters. The information on this Site may be printed or downloaded only for the above mentioned purposes. You may not, otherwise, copy, display, transmit or distribute any material from this Site.


• Gharkamai will not be liable for the inaccuracy of any information posted on this Site. It is the responsibility of the User to verify the accuracy of information on the Site. Gharkamai shall not be liable for any breach of privacy or dissemination of personal information posted by Users on the Site. Gharkamai does not guarantee confidentiality of any information posted by a User on the Site.


• Gharkamai does not share the personally identifiable data of any User (except for that posted by the User themselves on the Site) with other companies / entities, except with those acting as our agents in providing services to Users through the Site. However, if required to do so under due process of law, Gharkamai shall share all such information with the necessary authorities.


• User undertakes to use the Site for his/her own individual purposes. Using content from the Site for derivative works with a commercial motive without prior written consent from Gharkamai is strictly prohibited.


• User undertakes that the services offered by the Site shall not be utilized to upload, post, email, transmit or otherwise make available either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail. Gharkamai reserves the right to filter and monitor and block the emails sent by Users using the servers maintained by Gharkamai to relay emails.


• User shall not spam the database maintained by Gharkamai or indiscriminately and repeatedly forward mail that may be considered spam. Any conduct of the User in violation of this provision shall entitle Gharkamai to forthwith terminate all services to the User without notice and any amounts paid by such User shall stand forfeited in favour of Gharkamai.


• User shall not upload, post, transmit, publish, or distribute any material or information that is unlawful, or which may potentially be perceived as being harmful, threatening, illegal, abusive, harassing, defamatory, libelous, vulgar, obscene, or racially, ethnically, or otherwise objectionable.


• Gharkamai expressly disclaims any liability arising out of the posting of information/ data on the Site. User agrees to indemnify Gharkamai for all losses incurred due to any false, distorted, manipulated, defamatory, libelous, vulgar, obscene, fraudulent, illegal, misleading otherwise objectionable data posted on the Site by the User.


• User is solely responsible for maintaining confidentiality of the User password and user identification and all activities and transmission performed by the User through his/her user identification. User shall be solely responsible for carrying out any online or off-line transaction involving credit cards / debit cards or such other forms of instruments or documents for making such transactions. Gharkamai assumes no responsibility or liability for their improper use of information relating to such usage of credit cards / debit cards by the User.


• User is solely responsible for maintaining confidentiality of the User password and user identification and all activities and transmission performed by the User through his/her user identification. User shall be solely responsible for carrying out any online or off-line transaction involving credit cards / debit cards or such other forms of instruments or documents for making such transactions. Gharkamai assumes no responsibility or liability for their improper use of information relating to such usage of credit cards / debit cards by the User.


• The User hereby specifically agrees that he/she shall, at all times, comply with the requirements of the (Indian) Information Technology Act, 2000 as also rules, regulations, guidelines, bye laws and notifications made thereunder, while using the Site. User undertakes and declares that in the event he/she violates any provisions of the Information Technology Act, 2000 and/or rules, regulations, guidelines, byelaws and notifications made thereunder, he/she shall alone be responsible for all his/her acts, deeds and things and that he/she alone shall be liable for civil and criminal liability arising thereunder or under any other law for the time being in force.


• The User is solely responsible for obtaining, at his/her own cost, all licenses, permits, consents, approvals and intellectual property or other rights as may be required for using the Site or obtaining employment through this Site, including all work permits and licenses.


• The User is prohibited from introducing / posting or transmitting information or software, which contains a computer virus, or a contaminant, worm or other harmful components on the internet or the Site or sub-domains or on any affiliate sites or any other network system.


• The User shall not infringe any intellectual property rights of any person / entity or retain information / download any information from any computer system or otherwise with an intention to do so.


• Gharkamai will make best efforts, but does not warrant that the Site or network system linked to it is free of any operational errors nor does it warrant that it will be free of any virus, computer contaminant, worm, or other harmful components. However, in the event that a person using the world wide web/internet receives a spam or virus which includes a link to the Site or to any other site maintained, operated or owned by Gharkamai, Gharkamai shall not be held responsible or liable. Gharkamai assumes no responsibility for such mails.


• Gharkamai reserves its right to amend / alter or change all or any disclaimers or terms of agreements at any time without any prior notice. All terms / disclaimers whether specifically mentioned or not shall be deemed to be included if any reference is made to them.


• Any disputes regarding arrangements between Users remain solely between them. Gharkamai will not be involved in any transactions between Users of the Site. User acknowledges and agrees that Gharkamai will not be a party to any such disputes or be obligated to take any action toward resolving any such dispute.


• Gharkamai does not guarantee the functioning of the Site free from any technical errors or any other processes, which might cause harm Gharkamai shall not be liable for any consequences, claims, damages, costs or other liabilities caused on account of malfunctioning of the Site. Gharkamai 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. Gharkamai makes no warranties about the accuracy, reliability, completeness, or timeliness of the content, services, software, text, graphics, and links used on the Site.


• All copyright, database rights and intellectual property rights in the Site and the materials available on the Site belong to Gharkamai. Use of the Site does not give any User a proprietary right to the use of such materials.


• Gharkamai reserves the right to report any wrongdoing of which it becomes aware to the applicable government agencies or otherwise take legal action against anyone who engages in illegal, prohibited or harmful conduct or otherwise violates this Agreement. Gharkamai also reserves the right to remove content posted by a User and/or terminate User's ability to access the Site and/or otherwise use of the services provided by Gharkamai.


• User shall defend, hold harmless and indemnify Gharkamai from and against any and all losses, costs, expenses, damages or other liabilities incurred due to any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought against Gharkamai: (a) in connection with User’s use of the Site; (b) resulting from User’s decision to supply credit information via the Site, including personal financial information; (c) User’s decision to submit postings or accept offers from other Users; (d) any breach of contract or other claims made by Users regarding business conducted through the Site; (e) User’s breach of any provision of this Agreement; (f) any liability arising from the tax treatment of payments or any portion thereof; (g) any negligent or intentional wrongdoing by any User; (h) any act or omission of User with respect to the payment of fees; and/or (i) User’s obligations to other Users. Any such indemnification shall be conditioned on Gharkamai: (a) notifying User in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (b) cooperating with User in the defense or settlement thereof; and (c) allowing User to control such defense or settlement. Gharkamai be entitled to participate in such defense through its own counsel appointed at its own cost and expense, if it so desires.
  
  
• Users are prohibited from making direct contact with other Users, except for the specific purposes reflected on the Site.


• Users of the Site are prohibited from negotiating the fees as stated on the Site. The fee structure outlined on the Site shall only be revised with the written consent of the User submitting the posting on the Site.


• Gharkamai has the right to transfer or assign this Agreement and the rights hereunder to any other person or entity without the User?s consent. The User does not have the right to assign or transfer this Agreement or any rights hereunder to any other person or entity without Gharkamai?s prior written consent.


• Users will not create multiple user accounts to avoid fees, suspension or bad ratings on the Site.


• The services provided by the websites maintained, operated or owned by Gharkamai do not create any relationship of agency between Gharkamai and the User.


• The Terms and Conditions contained herein regulate the usage of the Site. Any person using the Site in violation of the stipulations contained in these Terms and Conditions shall render himself/herself liable to appropriate action in a court of law for both civil and criminal consequences.


• This Agreement shall be governed by Indian law. Any disputes relating to this Agreement shall be subject to the exclusive jurisdiction of the courts at New Delhi, India to the exclusion of all other courts.


• All Users of the Site are subject to the Privacy Policy available through this link - Privacy Policy.

TERMS AND CONDITIONS FOR RECRUITERS

• Access to the Site and all the services offered by Gharkamai shall commence from the day the duly completed order form, signed by the Recruiter, is received by Gharkamai and the subscription payment of Rs. 15,000 per annum (“Subscription Fee”) is processed. Subject to any special offers.


• Any employment opportunity or advertisement posted by a Recruiter shall be subject to the payment of an additional fee (“Additional Fee”), in the event such posting is not included in the package subscribed to by the Recruiter.


• All Additional Fees and/or Subscription Fees shall be paid in advance. All quoted prices exclude VAT, service tax and other government levies and dues as may be applicable from time to time.


• Recruiter agrees that the services subscribed to are non-refundable and all amount(s) paid, either as Subscription Fees and/or Additional Fees, shall stand appropriated by Gharkamai regardless of termination.


• Recruiter may terminate use of the Site by providing a notice of no less than 30 days. Gharkamai shall be entitled to terminate this Agreement in the event of a material breach of this Agreement, or the general Terms and Conditions of Use, by the Recruiter. Either Party may terminate this Agreement in the event the other Party is declared insolvent, ceases to trade or goes in for liquidation.


• The consequences of termination shall be that Gharkamai shall be entitled to disconnect Recruiter’s access to the Site and remove of all postings by such Recruiter. All Subscription Fees and/or Additional Fees paid by the Recruiter shall stand forfeited in favour of Gharkamai.


• All postings by the Recruiter, shall go live, within [24] hours of full payment being received for such posting. Recruiter shall be notified by email when postings go live on the Site.


• Postings which appear to discriminate on grounds of gender, race, caste, religion or disability are illegal and may result in action being taken against the Recruiter. Gharkamai reserves the right to either amend or remove such postings without notice or any refund. Further, Recruiter agrees to indemnify Gharkamai against any claims, awards, liabilities etc. arising out of or relating to any such posting.


• Recruiter is aware and agrees that the Site is only a platform for Recruiters and Professional (as defined in the Terms and Conditions for Professionals) to post their information. The Site does not match Recruiters with appropriately qualified Professionals.


• Recruiter is aware that Gharkamai does not verify the accuracy of information posted on the Site by Professionals or Recruiters. Hence, Gharkamai is not liable for any losses, damages, claims etc. arising out of incorrect data/information posted on the Site.


• It shall be the sole responsibility of the Recruiter to verify the identity of the Professional and verify his/her qualifications and experience. Recruiter shall ensure that Professional has the credentials and qualifications required by law, or otherwise for the position. Where professional qualifications are required, Recruiter shall obtain copies of the relevant qualifications or authorization.


• Any posting that breaches the Terms and Conditions of Use, or the Recruiter Terms and Conditions, may be removed by Gharkamai at its discretion. It is clarified, for the avoidance of doubt, that no fees or payments received by Gharkamai for such posting, shall be refunded to the Recruiter.


• All job postings on the Site must be for genuine vacancies only, and not for other products or services, unrelated to recruitment.


• Gharkamai does not guarantee any response to the postings.


• If a Recruiter’s posting links to another website through the Site or any of its external manifestations, Recruiter is responsible for maintaining the links and for the content of advertisement on the linked website. Gharkamai reserves the right to remove any posting or link from the Site, which contains content or links to a site which, is defamatory, illegal or objectionable, at Gharkamai’s sole discretion.


• Recruiter will indemnify Gharkamai from and against any claims or liability arising from content or links contained in such Recruiter’s advertisements, postings or replies to Professional’s postings.


• Postings that are made on the Site may appear on other third party websites based on agreements between Gharkamai and other websites.


• Recruiters are entitled to use the information and data posted on the Site for the following purposes:
  
  (i) Make use of, search or download the information to their database in order to find a suitable Professional in-keeping with their requirements.
  
  (ii) Use the information about the individuals contained in the database for the purpose of contacting them through the Site in relation to a specific job vacancy.
  
  (iii) The subscriber of the services provided by the Site is the only entity who is permitted to recruit in furtherance of the assistance provided by the Site.


• Recruiter agrees to deal fairly and professionally with all individuals he/she may contact using information provided from the Site and not do anything which may bring Gharkamai or the Site into disrepute. Recruiter agrees to indemnify Gharkamai from and against any claims or liability, brought by any individual, arising from a breach of this provision.


• Each Recruiter shall be assigned a self created password by Gharkamai to enable the him/her to access all the information received through the Site. The sole responsibility for the safe custody of the password shall be that of the Recruiter and Gharkamai shall not be responsible for data loss/theft of data/corruption of data or the wrong usage/misuse of the password and any damage or leak of information and its consequential usage by a third party. Gharkamai undertakes to take all reasonable precautions at its end to ensure that there is no leakage/misuse of the password granted to the Recruiter. Passwords issued by the Site are done for the sole use of the person they are issued to. The Site may deny access to a password if there is reason to believe that the Site is being used by unauthorized persons or the person to whom the password is issued is in breach of the terms and conditions herein.


• The Recruiter does not claim any copyright or other intellectual property rights over the data uploaded by him/her on the Site.


• This Agreement shall be governed by Indian law. Any disputes relating to this Agreement shall be subject to the exclusive jurisdiction of the courts at New Delhi, India to the exclusion of all other courts.

TERMS AND CONDITIONS FOR PROFESSIONALS

• The content of the resume/ insertion or information/data posted by the Professional shall be accurate and correct. Any attempt by the Professional to falsify, exaggerate or otherwise distort his/her credentials, qualifications or identity will result in blacklisting from the Site, and immediate removal of the said posting, in additional to all civil and criminal consequences under the process of law.


• The resume/ insertion or information/data posted by the Professional can only be updated or amended by the Professional.


• Gharkamai does not guarantee any responses to the resume/ insertion or information/data posted by the Professional.


• Gharkamai neither guarantees nor offers any warranty about the credentials, bona fides, status or otherwise of prospective employers/recruiters which may respond to the Professional, through the Site. Hence, Gharkamai shall not be liable for any unprofessional, objectionable or illegal behavior by the Recruiter (as defined in the Terms and Conditions for Recruiters), in any manner whatsoever.


• Gharkamai shall not be held liable for loss of any data, technical or otherwise, or of the resume/ insertion or information/data or particulars supplied by the Professional, due to reasons beyond its control.


• It shall be the sole prerogative and responsibility of the Professional to check the authenticity of any responses received pursuant to the resume/ insertion or information/data being posted on the Site, before going for any interview or accepting any job offer.


• The uploading of multiple resumes by the same individual, using the same or different accounts, is strictly prohibited, and shall entitle Gharkamai to remove all resumes and other postings of such a Professional, without notice.


• This service is only meant for candidates looking for suitable jobs. Any usage with commercial intent is strictly prohibited.


• Gharkamai reserves its right to reject and delete any resume/ insertion or information/data posted by a Professional, without assigning any reason whatsoever.


• Gharkamai has the right to make all such modifications/edits to the posting in order to fit its database.


• Each Professional shall be assigned a self-created password by Gharkamai to enable him/her to access all the information received through the Site. The sole responsibility for the safe custody of the password shall be that of the Professional and Gharkamai shall not be responsible for data loss/theft of data/corruption of data or the wrong usage/misuse of the password and any damage or leak of information and its consequential usage by a third party. Gharkamai undertakes to take all reasonable precautions at its end to ensure that there is no leakage/misuse of the password granted to the User. Passwords issued by the Site are done for the sole use of the person they are issued to. The Site may deny access to a password if there is reason to believe that the Site is being used by unauthorized persons or the person to whom the password is issued in breach of the terms and conditions herein.


• The Professional undertakes to ensure that the content of the resume/ insertion or information/data posted on the Site, is not in any way defamatory, obscene, objectionable, illegal or otherwise liable to bring Gharkamai into disrepute. Gharkamai reserves the right to either amend or remove the resume/ insertion or information/data posted by the Professional without notice in such an event. Further, the Professional agrees to indemnify Gharkamai against any claims, awards, liabilities etc. arising out of or relating to any such posting.


• The Professional represents that he/she is not a minor and is not under any legal or other disability which limits his/her ability to comply with these Professional Terms and Conditions or the general Terms and Conditions.


• All changes / modifications made by the Professional to the data / information posted on the Site shall come into effect within 24 to 48 hours of such changes / modifications being made.


• Any posting made by a Professional on the Site shall remain active for a duration of at least 3 (“three”) months.


• The Professional agrees to deal fairly and professionally with all individuals he/she may contact using information provided from the Site and not do anything which may bring the Gharkamai or the Site into disrepute. the Professional agrees to indemnify Gharkamai from and against any claims or liability, brought by any individual, arising from a breach of this Clause.


• Gharkamai shall be entitled to terminate the agreement with the Professional for any reason whatsoever, without notice.


• The consequences of termination shall be that Gharkamai shall be entitled to disconnect the Professional’s access to the Site and remove of all information posted by such Professional.


• The Professional does not claim any copyright or other intellectual property rights over the data uploaded by him/her on the Site.


• This Agreement shall be governed by Indian law. Any disputes relating to this Agreement shall be subject to the exclusive jurisdiction of the courts at New Delhi, India to the exclusion of all other courts.