Terms and Conditions

Introduction

This website and mobile application together “JobsKart” (together termed as “website”) is owned and operated by M/s OPTNHIRE SOLUTIONS PRIVATE LIMITED (“Company”) registered office at Kota (Rajasthan).

The responsibility to stay updated with the policies of our website vests with the (“you/your user/agent”) as it is subject to periodic amendments and that shall not be notified to you but the information will be displayed publically on our website after making such amendments. Therefore, your continued use of this website after such modifications will be regarded as your acknowledgment and consent to the modified terms and conditions.

1. Applicability of Terms:

These terms and conditions ("Terms and Conditions") and all applicable Policies which are herein incorporated by way of reference govern your rights and obligations as a User(s) listed on “jobskart” and using the Platform and/or availing the Services as may be rendered by OPTNHIRE SOLUTIONS PRIVATE LIMITED (Company).

• Any reference to User(s) shall mean any person (or anyone on his behalf) who is desirous of availing the services of the website or user/employer/agent/Service Provider/visitor/student(s) listed on the Platform and eligible to enter into contract as per Indian Contract Act, 1872
• Any reference to Company shall mean OPTNHIRE SOLUTIONS PRIVATE LIMITED(Company)
• Any reference to Agreement means the Agreement entered into by and between the ‘Company’ and the ‘user/employer/agent/Service Provider/visitor/student(s).
• Any reference to ‘You’, ‘Your’, ‘User(s)’ shall mean any lawful individual or entity accessing to or using the services offered on this website, who is capable to be a party to binding contracts, in accordance to the provisions of the Indian Contract Act, 1872;
• Any reference to ‘We’, ‘us’ & ‘Our’ shall mean the website “JobsKart” and additionally the Company, as the context so requires;
• Any reference to ‘Party’ and ‘Parties’ shall differently be used to address to the User(s) and the Company exclusively and all in all, as the purpose so requires;

Please carefully go through these terms and conditions (“Terms”) and the privacy policy available at the “website” before you decide to access the website or avail the services made available on the website by “JobsKart”. These Terms and conditions constitute a legal agreement (“Agreement”) between “You” and “JobsKart” in connection with your visit to the website and your use of the services available on the website.

By downloading or accessing the website to use the services, you irrevocably accept all the conditions stipulated in this agreement, as available on the website, and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the website to avail the services. By availing any service, you accept terms of this agreement.

We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing. You should read the Agreement at regular intervals. Therefore, your continued use of this website after such modifications will be regarded as your acknowledgment and consent to the modified terms and conditions.

If you do not agree with any part of the Agreement, please do not use the website or avail any services.

Your access to use of the Website and the Services will be solely at the discretion of “JobsKart”

This Terms and conditions are published in compliance of, and are governed by the provisions of Indian law, including but not limited to:

• The Indian Contract Act, 1872
• The (Indian) Information Technology Act, 2000, and
• The rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”) and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”)

Platform

Jobskart ("Company") either directly or through its affiliates provides the Jobskart Platform (including any mobile-based applications, website, and web applications). Anybody having a verified account on the Jobskart Platform is able to access and use the services offered by Jobskart, as well as browse and apply for jobs (referred to as "Users"). Independent third parties unaffiliated or unrelated to Jobskart post jobs.

It is hereby clarified that the Company is not a party to any transaction between the User(s)/Student(s) availing the services on the Platform and shall not be responsible in any manner whatsoever for any representations made by the User(s)/Student(s) on the Platform.

2. Usage of the Site

• When accessing and interacting with the Jobskart platform and its services, a job provider’s account will be able to post jobs to source and hire potentially qualified candidates and employees for the organization
• View the profiles of suitable candidates who have the requisite skills and experience for the particular job(s) that the Job Poster is hiring for
• Schedule interviews with potential candidates/employees.
• To post a job a Job advertisement the job provider shall be required to provide information about the job such as the job role, whether the job is part-time or full time, the days of work, work timings, the salary range for the job, the number of openings for the said job the minimum education level and the level of experience required for the job.
• To participate in a job interview, the job seeker has to provide some details that may include but not limited to the educational qualification, gender, previous work experience etc.

For Employers

• All references to “you” or “your” shall mean you, the individual or organization accessing this Site in your capacity as a Job Provider. As a Job Provider, you are permitted to use jobskart’s Site and its content solely for non-commercial purposes.
• Your account is for business use only as an Employer; do not use it for personal purposes. If a third party uses your email fraudulently or illegally, Jobskart is not liable and disclaims all liability in this regard. You consent to receiving required email notifications about account activity related to your Jobskart account by creating an account. We reserve the right to delete any emails you attempt to send from names or email addresses that are false, accurate, current, or complete.
• You represent and warrant that you have the right to bind the Employer to this Agreement when you access or use the Site in your role as an employee or other representative of an Employer, or if you open a Jobskart account on their behalf. When you create an account on behalf of an employer, you understand that the employer owns the account and that Jobskart will have access to all information you supply through the account, including the actions you take and when you do them.
• You are responsible for ensuring that your selection criteria are job-related, that you do not pose “caste-related inquiries” or medical inquiries in violation of the law, and that you do not screen out people with disabilities or members of any protected category under the law.
• Background verification of an jobseeker is employer’s responsibility and even though Jobskart Platform tries its best to ensure the veracity of a user(s)/employee(s), it shall not be held liable if any candidate has committed crime/illegal activity at employer’s premises.

For Jobseeker

• Attest to having read and understood and agree to the terms and conditions of these Terms of Service Agreement which is in effect with the below mentioned entities. This includes any Jobskart mobile application and browser extension or plugin, regardless of where it is downloaded from as well as any software, service, feature, product, programme and element (including email messages, notifications, and other messages) provided by or on behalf of Jobskart or in connection with such services or websites (collectively, the "Site"), including any products, programmes, and services described in these Terms of Service.
• In order to apply for a job, the employees have to provide certain details such as user(s)’s education, qualifications, past experiences and skills.
• While our platform does not discriminate among user(s) on the basis of gender, job seekers must understand that certain jobs can be gender specific. Job seekers must understand that such prerequisites are not regulated by Jobskart but stipulated by job provider.
• Jobskart is under no obligation to review Job Ads or include Job Ads in other listings or search results. It also has the right to reject or remove any Job Ads from the Site and your search results, with no requirement to give a reason for doing so. You acknowledge and accept that Jobskart is under no duty to show you any or all of the job ads. We are unable to verify the authenticity or completeness of any job advertisement or other data provided by an employer or other user(s), including that person's identity. Regarding the content, correctness, completeness, legality, dependability, and availability of any Job Ads or other information given by any Employer or other third party, Jobskart makes no representations or warranties and disclaims all duty.
• In fact, Jobskart can show you job ads that correspond with the information on your resume. Additionally, Jobskart may draw your attention towards specific topics on your resume that you feel meet the job advertisement's requirements or that the job advertisement mentions but that may not be on your resume. These highlights do not imply that you should or shouldn't apply for the position, or that you are qualified for it. Hiring or receiving a job interview is not assured by applying for such job ads.
• It is your responsibility to make sure that the selection criteria you use are relevant to the work, that you do not illegally ask medical or "disability-related" questions, and that you do not exclude individuals with disabilities or those who fall into any legally protected category. If the situation calls for it, you must provide substitute screening techniques.
• Users agree not to impersonate any other person or entity or to use a false name or a name that they have no authority to use. When using this platform, you are obligated to only submit accurate and truthful information. If you create a profile, you also agree to maintain the information current at all times. Information on this website may not be accurate, for which Jobskart shall not be held responsible. It is the visitor's responsibility to look up more information on the website Jobskart disclaims any liability for any privacy violations or misuse of customer information that results from technical or other means used to post it on the website. The confidentiality of any information submitted to Jobskart by third parties is not guaranteed. The website is open to the public and is free to visit; Jobskart does not guarantee the accuracy or sincerity of the responses on the website. The responses that someone may get in response to information they have posted on the website are outside the control of Jobskart. The person or business would need to verify the legitimacy of each response on its own through background checks.
• You acknowledge that as part of its efforts to combat fraud and spam, Jobskart may require that user(s)s verify their email address, including Job Seekers applying to your job. However, email verification is not guaranteed. You are responsible for your use of any software that rejects applications from unverified email addresses. You further acknowledge that compliance with any governmental record-keeping requirements, such as the KYC (KNOW YOUR CONSUMER) internet applicant record-keeping rule, is your sole responsibility
• Although Jobskart does not condone or permit gender-based discrimination, it acknowledges that some employment may be gender-specific, and job advertisers are free to indicate if a position is gender-specific. By accepting these terms of service and using the Jobskart Platform to post a position, user(s) agree that all employment-related information they provide will always be truthful, not deceptive, and that they are not engaging in any discriminatory practices. The employer knows and agrees that Jobskart has the right to remove a job posting or suspend the job poster's account and that any inaccurate information or misrepresentations regarding a position would impair the effectiveness of the Jobskart Platform and its Services.

3. Information Technology Act

The user(s) does hereby specifically agree that it shall, at all times, comply with the requirements of the Information Technology Act, 2000 ("IT Act") as also rules, regulations, guidelines, byelaws and notifications made there under, [while assessing or feeding any information/data into the platform, computers, computer systems or computer network of the Company]. The user(s) does further unequivocally declare that in case of any violation of any provisions of the IT Act and/or rules, regulations, guidelines, bylaws and notifications made there under, the user(s) shall be solely responsible, at its sole cost and expenses for all acts, deeds and things and that the User(s) alone shall be liable for civil and criminal liability there under or under any other law for the time being in force.

In availing our services, the user(s) is solely in charge of securing all licenses, permissions, consents, approvals, intellectual property, and other rights that may be necessary for him to use the Service, at his own costs.

4. Representations and Warranties

User(s) hereby represents and warrants to the Company as follows:

• User(s) represents and warrants that it (including its employees and independent contractors providing services hereunder) possesses all licenses, registrations, certifications, and accreditations required to render the services provided by them. User(s) shall comply with all local, State and Central laws and regulations.
• User(s) further represents and warrants that it is of at least 18 years and is possess the legal authority to enter into contracts.
• If the User(s) has a registered account on our website, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you.
• Providing a platform to interact with Professionals directly to provide advice on their professional/career-related queries;
• If “user(s)” uses the Platform on behalf of someone else, you will inform them about the ‘Terms’ that apply to any searches and/or bookings you have made on their behalf, including all rules and restrictions applicable thereto;
• User(s) shall maintain in good standing all such licenses, registrations, certifications, and accreditations referenced in subsection during such period of time as the Agreement is in effect. Upon request, User(s) shall furnish Company with copies of each license, certification, registration and accreditation.
• User(s) consents to the use of User(s)’s name and other identifying and descriptive material in all formats, including, but not limited to, electronic media without any prior consent which shall not be unreasonably withheld.

5. Interest

The User(s) acknowledges that the Company (Jobskart) has no connection or interest whatsoever in the business of the “user(s)” or the services marketed by such User(s) and the Company does not in any manner take part in the business of the “user(s)”, directly or indirectly and is not responsible for the services provided by the “user(s)”. The User(s) further acknowledges that Services being provided by them is being provided by it as an independent contractor, and the “Company” is in no manner acting as an agent of the User(s).

The User(s) acknowledges that the liability with respect to the Services shall be limited and shall be as per these Terms and Conditions. The Company reserves the right, in its sole discretion and without assigning any reason, to exclude certain services offered by the User(s) from being displayed for sale on the Platform, wherein such services are deemed unfit or unsuitable by the Company at its sole discretion or under any provisions of the laws applicable for the time being in force.

6. Membership Eligibility

User(s) registered on the Platform as a member will have to fulfil the basic requirements in order to continue usage of the services rendered on our website.

• The Site is only for use by people aged 18 or over.
• The platform is available for use only for users residing in Indian Territory.
• If we learn that an individual who does not meet the minimum age requirement has provided personal information through the Site, we will remove that information from our systems.

‘JobsKart’ shall hold the right to cancel block access or indefinitely suspend the membership (without any prior information being provided to the user(s) of any user(s) for violating the policies of our “website”. It shall be the duty of the user(s) to comply with the terms of use of the website.

7. Subscription Fee

Subscription Agreement

• Users must adhere to additional terms for Paid Services. JobsKart reserves the right to modify Paid Services without notice or liability.
• The business will impose a transaction fee based on the value of each transaction, in accordance with company policy and rates. The aforementioned fees and commissions are subject to change at any moment, in the Company's sole discretion, and in compliance with the terms of the agreement. In this context, a "Transaction" is defined as follows: a service is rendered to the buyer, or "User(s)," and the User(s)/Agent, is satisfied with the service and does not file a complaint or grievance

Refunds and Payments

Refunds are at JobsKart's discretion, pro-rata to usage. Users must purchase specific Paid Services such as Job Posts, Database Views, or Subscriptions. JobsKart Coins may be required for certain services and are non-transferable.

Job Posts

Fee for each Job Post, validity, and leads determined by payment. JobsKart reserves rights to vary Job Post validity and leads.

Database Views

Fee for Database View eligibility based on payment

Periodic Subscriptions

Access to Job Posts and Database Views with Subscription Plans. Validity, entitlements, and possible top-ups specified in Subscription Plans.

JobsKart Coins

• Purchase required for certain services.
• JobsKart Coins are non-transferable.
• JobsKart can reject Job Posts with possible pro-rata refunds.

Enterprise Account

• Organizations can create an Enterprise Account.
• Credits associated with Subscription Plans are added.
• JobsKart may restrict Job Posts per Enterprise Account.

Use of JobsKart App

• Designated Users may download the JobsKart App, enter data, and verify mobile numbers.
• JobsKart ensures confidentiality of personal data.
• Suspensions may occur based on past or future violations.

Subscription Plan for Designated Users

• Designated Users' Subscription Plans may merge into Enterprise Account at JobsKart's discretion.
• Users must register Designated Users and share required documentation.
• Designated Users may be required to download the JobsKart App.

Purchase and Restrictions

• JobsKart Coins purchase responsibility lies with the organization.
• JobsKart restricts Job Posts based on Subscription Plans.

8. Legality of Content

The User(s) undertakes and agrees not to host, display, upload, modify, publish, transmit, update or share any information that:

• Belongs to another person and to which the “user(s)” does not have any right to;
• Is grossly harmful, harassing, derogatory, slanderous, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, threatening, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or abusive in any nature or any information that advocates violence against any individual or group or is otherwise unlawful in any manner whatever;
• Harms minors in any way
• Infringes any patent, trade secret, trademark, copyright or other proprietary rights or rights of publicity or privacy of any third-party;
• violates any law for the time being in force;
• Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
• Impersonates another person or includes identity documents and/or personal information including financial details;
• Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Platform, any computer resource or transmits, through any medium, computer viruses of any kind including Trojan horses, worms, time bombs, cancel bots, easter eggs or any other computer program which facilitates hacking of computer system with the intent of damaging or interfering with any computer system or computer network or intercepts any system, information or personal data;
• Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
• Related to prostitution or any other service in the nature thereof that purports to violate the provisions of the Immoral Traffic (Prevention) Act, 1956 and the Indecent Representation of Women (Prohibition) Act, 1986 and/or any prevailing reasonable standards of morality and decency.

9. Termination of Services

The Company reserves the right to suspend the Services without liability if:

• The Company reasonably believe that the Services are being used in breach of the Terms and conditions/Agreement;
• User(s) does not cooperate with our reasonable investigation of any suspected violation of the Terms and conditions/Agreement;
• There is an attack on “your” Hosted System or your Hosted System is accessed or manipulated by a third party without “your” consent;
• The Company is required by law or a regulatory or government body to suspend your Services; or
• There is another event for which the Company reasonably believe that the suspension of Services is necessary to protect the Platform and our other users.

If the “user(s)” found to be involved in or associated with any unethical illegal or unlawful activities, then in that eventuality, the account of the “user(s)” would be summarily suspended by the Company, without issuance of any notice and subsequently the Company may terminate the Agreement, after issuing a show cause notice to that effect and after duly considering the reply, if any, received within 10 days of the receipt of the show cause notice.

10. Failure to Comply

In the event the User(s)/Agent(s) fails to comply with the terms of these Terms and Conditions as per the Company’s satisfaction, the “Company” reserves the right to de-list the User(s) from the Platform without notice, with immediate effect, as per its sole discretion. The “Company” is further entitled to take a range of actions in the event the User(s) fails to adhere to the terms of these Terms and Conditions, including limiting your privilege of listing and/or proving the services on the Platform and suspension of the account created with the “Company” and/or lodging complaints with the law enforcement authorities.

The “Company” is further entitled to destroy the database maintained with the “Company”, if any, without any reimbursement and forfeit any remittances made in favour of the “Company”. Moreover, notwithstanding the rights that the students availing service from the User(s) may exercise, the “Company” is entitled to undertake legal action against the User(s) and impose civil and/or criminal penalties.

The Company may limit Job Posts and Database Views for data protection and efficiency. Job Post visibility may be reduced based on responses. Database Views may be limited based on user activity.

11. Publicity

User(s) agrees and acknowledges that the company may publicly disclose that the Company is providing Services on the Platform and may use the name and logo to identify the User(s) as the customer in promotional materials, including press releases.

“User(s)” grants Company the right to reproduce, copy, use and distribute all and any portion of the Content available on Platform to the extent needed to provide and operate the Platform.

12. Intellectual Property Rights

The Company owned by JobsKart website shall hold all the ownership rights or licenses of all the intellectual property rights on our platform and the content (including, not limited to, price and availability of the website services) as well as the infrastructure used to provide such content.

“You” agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software products or services, copyright, trade mark, or other proprietary rights notices obtained from or through this platform.

If “You” copy or use any part of the platform in breach of the terms, “Your” right to use the platform will cease immediately and “You” must destroy any copies of the materials “You” have made.

“You” agree not to generate automated page impressions or content on the Platform

Jobskart’s trademark and logo and any other product or service name or slogan contained in the site are the sole property of Jobskart and may not be copied, imitated or used, in whole or in part, without the prior written permission of Jobskart or the applicable trademark holder. Further, the design and look of the Site, including all page headers, Site name and logo, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Jobskart and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, service provider, employer or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

You shall not forge headers or in any manner manipulate identifiers’ information. All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the jobskart Platform belonging to any person, entity or third party are recognized as proprietary to the respective owners and any claims, controversy or issues against these names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights must be directly addressed to the respective parties under notice to jobskart.

User(s)s hereby grant to jobskart and its affiliates, partners, licensors and associates a worldwide, irrevocable, royalty-free, non-exclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, and/or publish User(s)'s Content for any of the following purposes:

• Displaying User(s)’s Content on jobskart distributing User(s)’s Content, either electronically or via other media, to potential candidates,
• Storing User(s)’s Content in a remote database accessible by end user(s)s, for a charge.

This license shall apply to the distribution and the storage of User(s)’s Content in any form, medium, or technology. All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the Jobskart platform belonging to any person (including a User(s)), entity or third party are recognized as proprietary to the respective owners and any claims, controversy or issues against these names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights must be directly addressed to the respective parties under notice to Jobskart.

13. Changes to Terms

The Company may change the terms and conditions at any time. If the “user(s)” does not wish to accept the amended terms and conditions, they may terminate the agreement by giving the notice. In these circumstances the Company will refund any remaining unused credit on “User(s)” account

14. Passwords and content

User(s)/Agent(s) will keep any passwords or log-in details used in connection with the Service secure and shall be totally responsible for when and how the account with the Company is used and the actions of any people the User(s) give the password and log-in details to User(s) will be solely responsible for the data and any content they use or store in connection with the Services. User(s) must hold and continue to hold, all intellectual property rights in the data and contents (including, without limitation, copyright and trade mark rights), or be licensed to do so. The terms under which the User(s) hold or license the data and content must permit the Company to carry out the obligations in providing the Service.

“You” shall be responsible for maintaining the confidentiality of your Display Name and Password and “You” shall be responsible for all activities that occur under your Display, Name and Password

15. Error/Interruption

The User(s) acknowledges that the services on the Platform may be interrupted while browsing, transacting, using or uploading information on the Platform. The “user(s)” further agrees that the Company reserves the right to suspend the Services forthwith without assigning any reason whatsoever, at the sole discretion of the Company.

The User(s) agrees and confirms that the payment gateway and logistic support services are being provided by the Company on a best efforts basis with all efforts to keep these valid and subsisting. “Company” shall not in any manner be liable to the User(s) for failure osr delay in providing these services.

16. Anti-Spam and Policy

The “Company” can use spam and virus filters and, to the maximum extent permitted by law, this may require the use third party equipment or services to monitor and filter any traffic between the equipment and the Internet. To the maximum extent permitted by law, the “Company” will not be liable for any loss or damage resulting from the use of spam or virus filters.

17. Mobile Application

Jobskart Mobile Application is provided free of charge and the “Company” makes no guarantee that it will be uninterrupted or error free. We reserve the right to modify, suspend or withdraw the whole or any part of the mobile application or any of its content at any time without notice and without incurring any liability. Jobskart will make best efforts to do so but does not warrant that any of the web sites or any affiliate site(s) or network system linked to it is free of any operational errors nor does it warrant that it will be free of any virus, malware, worm, or other harmful components. The subscription of a user(s) shall be subject to Quotas as applicable and as advised. E-Mails provided as part of contact details are expected to be genuine and access to such email accounts is available to authorized personnel only.

18. Third Party Sites

‘JobsKart’ may, from time to time, provide links from the Platform to other websites that are owned and controlled by third parties/Service Providers. These links are provided only for the convenience and the Company has no control over and will have no liability in respect of those websites.

Users grant JobsKart a license to utilize their content for display, distribution, and storage on the platform. Intellectual Property Rights are respected, and users must refrain from infringing on third-party rights.

19. Data Information and Usage

“User(s)” agrees that the Company shall have the right to use, modify, reproduce the details and information shared and updated by the “User(s)” on the Platform for any lawful purpose including but not limited to monitoring or improving the functionality of the Platform i.e. mobile application and website, the User(s) shall not deny the use of the data in any manner by the Company. Further the User(s) also agrees to the following:

• The User(s) shall have no right on the data entered on the Platform by the “Company”.
• The data entered by the User(s) shall be the property of the “Company”.
• Without the consent of “Company”, The “User(s)” shall not use the data entered on the Platform in any manner which belongs to the “Company” or in other words the intellectual property rights of which is owned by the Company.
• The “User(s)” agrees to update the details as required on the Platform.

20. Transfer of Rights

The User(s) must not assign or otherwise transfer the rights or obligations under the agreement without our prior written consent, which the Company will not unreasonably withhold. Any request to assign or transfer must:

• be in the form we require, and include details of the assignee or transferee; and
• be accompanied by the transfer fee specified in the form.

The “Company” may assign or otherwise novate or transfer our rights and obligations under the agreement to:

• a related body corporate, including without limitation as part of a change in how the Company provide the Services or as part of a partial or full restructuring of the business; and
• another person as part of the sale, or restructuring, of all or part of the business, and the User(s) agree that, if the Company do this, the Company may transfer all necessary information (including, without limitation, personal information and credit card details) to the related body corporate or other person, and they may use that information, in order for them to be able to continue providing the Services. If the “user(s)” does not agree to the assignment, novation or transfer, the “user(s)” may terminate the agreement and the Company will refund any remaining unused credit on the account.

21. Privacy

JobsKart’s privacy policy can be accessed on its “website”.

JobsKart’s privacy policy applies solely to information collected by us and may differ from the policies of other companies/organizations/service provider’s websites that you link to from this website.

Please read our privacy policy before fully using our services and also privacy policies of other companies/organizations/service providers that you link to from our website.

22. Disclaimer

JobsKart’s disclaimer policy applies solely to specify or delimit the scope of rights and obligations that may be exercised and enforced by parties in a legally recognized relationship.

Any mishap, fraud, cheat, or crime that may befall any user(s) is not Jobskart's responsibility. Before engaging in any transactions or user(s) interactions, we suggest you to confirm and examine the information provided by other user(s)s.

If you come across content in which someone expresses suicidal thoughts or is engaging in self-harm, then you can report such content to our and an appropriate action will be taken in no time.

JobsKart disclaims responsibility for information accuracy. Jobskart shall not be held liable for any act or omission of an employer/job provider and a student/job seeker.

23. Confidentiality

The user(s) shall not during the term of the Agreement or after its expiry or termination of any cause, divulge to any person whatsoever or otherwise make use of any trade secrets or any confidential information regarding business of the “Company”/its group/affiliated companies.

The “User(s)” shall not advertise, publish or otherwise disclose the terms of the Agreement without the prior written approval of the “Company”. All copies of material relating to the Agreement or the transaction hereunder which are intended for publication in any form must have the principle approval of the Company prior to publication. The user(s) shall solely be responsible for maintaining confidentiality of the user(s) password and its authentication. The User(s) shall be solely responsible for carrying out any online or offline transaction involving credit cards, debit cards, or other forms of instruments or documents for making such transactions. Jobskart assumes no responsibility or liability for their improper use of information relating to such usage of credit cards / debit cards used by the subscriber online / offline.

24. Non Waiver of Rights

Each Party's omission or delay to enforce any right or remedy reserved to it, or to require the other Party's performance of any of the terms or provisions stated in the Agreement, shall not be interpreted as a waiver of any right or remedy to which one Party is entitled.

25. Indemnity

The “user(s)” agrees and acknowledges that Company is entering into the Agreement in reliance on the representations, warranties, undertakings and covenants made by the user(s). The user(s) hereby agrees to indemnify, defend and hold harmless, Company, its directors, officers, employees, representatives and agents against all liabilities, demands and/or claims whatsoever, and also against any losses, damages or expenses suffered or incurred or that may be suffered or incurred by Company for any reason whatsoever including as a result of or in relation to, any breach or non-fulfilment by the “user(s)” of any of its representations, warranties, undertakings and covenants set out in this Agreement or any act or omission on the part of the User(s) in the rendering of the Services in the manner contemplated in this Agreement.

26. Dispute Resolution and Jurisdiction

In the event any dispute arises between the Parties out of or in connection with the Agreement, including the validity thereof, the Parties hereto shall endeavor to settle such dispute amicably in the first instance. The attempt to bring about an amicable settlement shall be treated as having failed as soon as one of the Parties hereto, after reasonable attempts, which shall continue for not less than 30 (thirty) calendar days, gives a notice to this effect, to the other party in writing.

In case of such failure, the dispute shall be referred to a sole arbitrator, who shall be mutually appointed by the Parties. In the event the Parties are unable to mutually agree on the identity of the sole arbitrator in the manner specified above, then the arbitration proceedings shall be conducted by the three Arbitrators of which the first arbitrator shall be appointed by “Company”, the second arbitrator by the “User” and both such arbitrators appointed shall mutually appoint the third presiding arbitrator. The Arbitration proceedings shall be governed by the (Indian) Arbitration and Conciliation Act, 1996 and shall be held in Kota, Rajasthan, India and the language of arbitration shall be English.

This Agreement shall be governed and interpreted in accordance with Indian laws and the Parties submit to the jurisdiction of the courts at Kota, Rajasthan, India.

27. Severability

The invalidity, illegality or unenforceability of any provision of the Terms and Conditions/ Agreement shall not affect the validity, legality or enforceability of any other provision of the Terms and Conditions/Agreement, which shall remain in full force and effect.

28. Binding Effect

These terms and Conditions are for the benefit and shall be binding upon the “User(s)” and their respective associates/successors.

29. Headers

The headings contained in these terms and Conditions are for reference only and shall not affect in any way the meaning or interpretation of the terms.

30. Contact Information

If you have any questions or comments about our Terms of service as outlined above, please contact us at:

M/s OPTNHIRE SOLUTIONS PRIVATE LIMITED (“JobsKart”)

Email - ‘info@jobskart.co’

Mob. No.- 9784043799