Terms of Use

Please read this page carefully. Please do not access and / or use this website if you do not agree with any of the terms and conditions stated herein or under these Terms of Use of this Website. The terms "You", "Your" and "User" as used herein refer to all individuals and/or jobseekers and/or VLE(s) and/or entities accessing this web site for any reason whatsoever. You hereby also agree and acknowledge that you are eligible and have contractual capacity to access or use this Website. Monster.com India Private Limited ("Monster" or the "Company"), the owner of the website, may revise these Terms of Use at any time by updating these Terms of use without any Notice. The onus is with you to check and know any revision in these Terms of Use that being made from time to time.


The access and /or use of this website is subject to these Terms of use of the website stated hereunder. By accessing or using this website you hereby confirm that you have read and understood and agree to be bound by these Terms of Use, the applicable laws, rules and regulations governing you for using this website.


1.  Privacy reminder as to Personal information


Do not disclose your credit card details, bank account numbers or any other personal information to prospective employers / recruiters / VLE and your other sensitive personal information open to misuse.


2. Eligibility

You must be 18 years of age or older to access, visit or use this website in any manner. By visiting this website or accepting these Terms of Use, You represent and warrant to the Company that You are 18 years of age or older, and that You have the right, authority and capacity to use the Web Site and agree to and abide by these Terms of Use. You hereby also agree and acknowledge that you are eligible and have contractual capacity to access or use this Website.


3. Manner of Using the Website Content

The contents of this Web Site such as text, graphics, images, logos, button icons, software and other material (the "Material"), are protected by copyright laws. All Material is the property of the Company or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on the Web Site are the exclusive property of the Company and are protected by copyright laws. Unauthorised use of the Material may violate copyright, trademark, and other laws. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any unauthorized way for any public or commercial purpose in connection with products or services that are not those of Company, in any other manner that is likely to cause confusion among consumers or users or that otherwise infringes Company's or third party's intellectual property rights. You shall not copy or adapt the HTML code that the Company creates to generate any Material or the pages making up the Web Site which is also protected by the Company's copyright. The use of the Material on any other web site or in a networked computer environment for any purpose is prohibited. The Company may authorize you to view and download a single copy of the material on the Website solely for your personal use.



4. Registration Information

At the time of your registration with the Web Site, you will be asked to provide with certain information including, without limitation, a valid email address (your "Information"). You agree to provide the complete, accurate and updated information as may be desired on the website. While registering yourself on the Website you shall submit your accurate and complete details and information and must keep your login ID and password secure to prevent misuse and unauthorized use of your login ID or account. You understand and agree that the Company may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. Subject to the provisions in these Terms of Use, the Company will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws, rules or regulations or in legal proceedings where such information is relevant. The Company reserves the right to offer third party services and products to you based on the preferences that you choose, select and identify in your registration and at any time thereafter; such offers may be made by the Company or by third parties. Without limiting any of the other disclaimers of warranty set forth in these Terms of Use, the Company does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through the Web Site, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of the applicable class, or material, product or service, under the terms agreed to by the provider.

5. Confidentiality of Registration and Password

You are solely responsible for maintaining the confidentiality of your account access information and password. You shall be responsible for all uses of your registration, whether or not authorised by you. You are not authorized to share your password or other account access information with any other party, temporarily or permanently, and breach of this obligation may tantamount to disabling your account on the website and website Services. You agree to immediately notify the Company of any unauthorised use of your registration or password. In the event of any breach of security or unauthorized use of your login ID / Account you must notify the Company immediately. The Company will not be liable for any loss caused by any unauthorized use of your login ID / Account. You may be liable for the losses of Company due to such unauthorized use.

6. User Submissions

You are solely responsible for your My Account information, login details, content, messages or other information ("User Content") that you submit, publish or display on this Web Site or transmit to other users. The following is a list of User conduct instances that are prohibited on the Web Site. The list is for illustration only and is not exhaustive and a complete list of all prohibited User Content. You must not do the following things: post material on the website which is not yours that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; display or link to pornographic, indecent or sexually-explicit images or statements of any kind; post advertisements or solicitations of business; post chain letters, unsolicited mass mailing or pyramid schemes; impersonate another person; post material that contains restricted or password only access pages, or hidden pages or images; provide or link to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone; or provide instructional information about illegal activities or other activities prohibited by these Terms of Use, including without limitation, making or buying illegal weapons, violating someone's privacy, or provide or create computer viruses or pirating any media, or solicit passwords or personal identifying information from other users. The Company does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk. The Company acts as a passive conduit for the online distribution and publication of the User Content and has no obligation to screen communications in advance and is not responsible for screening or monitoring material posted by users. However, the Company may review and delete any User Content that, in the sole judgment of the Company, violates these Terms of Use, violates applicable law, rule or regulation, is offensive or illegal or violates the rights of, harms or threatens the safety users of the Web Site. The Company reserves the right to expel users and prevent their further access to the Web Site for violating these Terms of Use or applicable law, rule or regulation and the right to remove User Content which is in violation of the Terms of Use or is abusive, illegal, or disruptive. The Company may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes it may create liability for the Company or may cause the Company to lose (in whole or in part) the services of its ISPs or other suppliers.

By submitting User Content to any public area of the Web Site, including message boards, forums, contests and chat rooms, you grant the Company and its affiliates the royalty-free, perpetual, irrevocable, 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 User 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 User Content and to grant and authorise sublicenses thereof. You also warrant that the holder of any rights, including moral rights in such User 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 subscriber to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on the Web Site retains any and all rights that may exist in such User Content.



7. Website Restrictions


Users shall not use this web Site in order to transmit, distribute, store or destroy material, including without limitation the website Content,
(a) in violation of any applicable law or regulation,

(b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or
(c) that is defamatory, obscene, threatening, abusive or hateful.
Users are also prohibited from violating or attempting to violate the security of the web Site, including, without limitation the following activities:
(1) accessing data not intended for such user or logging into a server or account which the user is not authorized to access;
(2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(3) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Web Site, overloading, "flooding", "spamming", "mailbombing" or "crashing"; or
(4) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
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.


8. Website's Prohibited use

The Web Site shall be used only for lawful purposes for individuals seeking employment and career information; employers seeking employees and authorized parties third parties i.e. VLE(s) assisting individual jobseekers in co-coordinating to connect them with the prospective recruiters / employers for their prospective employment at a nominal processing fee as charges of up keep, maintenance and operations of the various resources of the Company utilized for that purpose. The Company specifically restricts and / or prohibits any use of the Web Site, and all users agree not to use the Web Site, for any of the following:

Post any jobs on the Web Site for any competitor of Company (Monster) or posting jobs or other content that contains links to any site competitive with Monster; Post jobs or content on the Web 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 are prohibited; Post jobs for modeling or talent or talent scouting positions on the Website; Use on the Website 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 on the Website any incomplete, false or inaccurate biographical information or information which is not your own; Post on the Website any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front 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; 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 on the Website; Delete or revise any material posted by any other person or entity; Take any action that imposes an unreasonable or disproportionately large load on web Site's infrastructure; 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 the web Site other than the search engine and search agents available from the Company on the Web Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer, Firefox, Safari); Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of on the Website; Aggregate, copy or duplicate in any manner any of the Content or information available from on the Website; or Frame or link to any of Content or information available from on the Website.

You also agree not to use any automated system including but not limited to the use of "robots," "spiders," "offline readers,"etc., that accesses the Website in a manner that sends multiple request messages to the website's web servers in a given period of time than a normal prudent person can reasonably produce in the same period by using a convention on-line web browser. You also agree not to store, collect or harvest any personally identifiable information, including names, e mail ids, account names, list of the recruiters and employers from the Website, nor to use the Website's e mail, website for any commercial solicitation purposes. Any use / insertion of any of the User's URL, weblink, e mail address and website while posting any job on the website is also prohibited and all Users agree not to use / insert any of the User's URL, weblink, e mail address and website while posting any job on the Website.

On non conformance by users of any of the aforesaid terms, Company may in its sole discretion, restrict or terminate the offending User's ability to access the Web Site and determine whether to take any other actions whether to remove or request the removal of the User Content. The Company has no liability or responsibility to Users for performance or nonperformance of such activities.

9. Trade Marks, Domains and Intellectual Property Rights


The Trade Marks, domains, intellectual property rights namely ......................... and other Company graphics, logos, designs, page headers, button icons, scripts and service names on the website are registered trademarks, trademarks of the Company. The said Trade Marks, domain, intellectual property rights may not be used, in connection with any product or service in any manner that is likely to cause confusion and shall not be reproduced, copied or used, in whole or in part, without the prior written permission of the Company.

 

10. Notification of Copyright, Trademark and IPR Infringement


The unauthorized reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owners rights. As a condition to your use of the website, You agree not to use the website to infringe the intellectual property rights of others in any way. This may tantamount the termination of the accounts of any website account holders, and block access to website of any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the account holder whose access to the website is terminated or blocked. If You believe that your copyrighted work has been uploaded, posted or copied to this Web Site and is accessible on the web Site in a way that constitutes copyright infringement, please notify us at csr@monsterindia.com and Phone No. 1800 419 6666 (Toll Free, Press 2 when IVR message comes up) with the following information:

  1. The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf;
  2. A description of the copyrighted work You claim has been infringed, and a description of the activity that You claim to be infringing;
  3. Identification of the URL or other specific location on this web site where the material or activity You claim to be infringing is located or is occurring; You must include enough information to allow us to locate the material or the activity;
  4. Your name, address, telephone number and, if You have one, your e-mail address;
  5. A statement by You that You have a good faith belief that use on the web site of the copyrighted work in the manner You are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law; and
  6. A statement by You, made under penalty of perjury, that the information You have provided in your notice is accurate and that You are either the copyright owner or are authorized to act on behalf of the copyright owner.

 

11. Waiver of claims and Indemnity

You hereby waive all claims against Company and indemnify the Company, its directors, employees, authorized representatives and agents from any and all liability for claims, damages (actual and/or consequential), costs and expenses including but not limited to litigation costs and attorneys' fees of every kind and nature, arising out of or in any way whatsoever concerned with use of the this website; your violation of any third party right, including without limitation any copyright, property, or privacy right; or any claim causing damage to a third party in pursuance of use of this Website. You agree to defend, indemnify, and hold harmless the Company, its affiliates, and their respective officers, directors, employees and agents, 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 the website,
(ii) your use of any website Content, or
(iii) your breach of the terms of these Terms of Use.
The Company shall provide notice to You promptly of any such claim, suit, or proceeding as and when it becomes aware of such claim, suit, or proceeding.

12. Disclaimer of Warranty

Your use and access of the website shall be at your sole risk, responsibility and consequences. to the fullest extent permitted by law, company, its officers, directors, employees, authorised representatives and agents disclaim all warranties, express or implied, in connection with the website and your use thereof. The company makes no warranties or representations about the accuracy or completeness of website's content or the content of any sites linked to the website and assumes no liability or responsibility for any
(i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the website, (iii) any unauthorized access to or use of website or its servers and/or any and all personal information and/or financial information stored therein in any form and/or in any manner, (iv) any interruption or cessation of transmission to or from website, (v) any bugs, viruses, trojan horses, or the like unauthorised tools or software which may be transmitted to or through the website by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the website. The company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website or any associated or hyperlinked website and company shall not be a party to or in any way be responsible or accountable for monitoring any transaction between you and third-party. The company does not warrant that the web site will operate error-free or that the web site and its servers are free of computer viruses or other harmful mechanisms. If your use of this web site or the website content results in the need for servicing or replacing equipment or data, the company is not responsible for those costs. The web sites and its content are provided on an "as is" basis without any warranties of any kind. The company, 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. The company makes no warranties about the accuracy, reliability, completeness, or timeliness of the website content, services, software, text, graphics, and links.

13. Disclaimer of Consequential Damages

In no event shall the company, its suppliers, or any third parties mentioned on the web site be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from your use or inability to use of the web site and the website content, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages.


14. Limitation of Liability

The company shall not be liable for any defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with them. In no event shall Company, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of the website content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the website, (iii) any unauthorized access to or use of Company's secure servers and/or any personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the website, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content submitted, posted, emailed, transmitted, or otherwise made available via the website, whether based on warranty, contract, tort, or any other legal arrangement, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable local and/or international jurisdiction. The Company's maximum liability arising out of or in connection with the web site or your use of the website content, regardless of the cause of action (whether in contract, tort, breach of warranty or otherwise), will not exceed Rs.1000.

15. Miscellaneous


The web site contain links to third party web sites. These links are provided solely as a convenience to You and not as an endorsement by the Company of the contents on such third-party Web sites. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If You decide to access linked third-party Web sites, You do so at your own risk. You agree not to resell or assign your rights or obligations under these Terms of Use. You also agree not to make any unauthorized commercial use of this web site.

The Company makes no claims that the website Content may be lawfully viewed or accessed outside India. Access to the website Content may not be legal by certain persons or in certain regions. Your access to the web site are at your own risk and You are responsible for compliance with the laws respective State's of your jurisdiction as may be applicable to You. These Terms of Use are governed by the laws of India, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall Courts in India at Hyderabad. If any provision of these Terms of Use are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use , which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in an additional agreement, additional terms of use for areas of website, a particular "Legal Notice," or Software License or material on particular Web pages of this website, these Terms of Use constitute the entire agreement between You and the Company with respect to the use of this website. No changes to these Terms of Use shall be made except by a revised posting on this page.


16. Additional Terms of Use


Certain areas of this website are subject to additional terms of use. By using such areas, or any part thereof, You agree to be bound by those additional terms of use applicable to such areas

 

17. Amendment in Terms of Use

The Company shall have the right to amend, vary or modify the terms of use, privacy commitment of this website at any time, without giving any prior notice to you and such amendment shall be effective immediately upon inclusion / posting of such amendment on this website.