Terms of Service
Last Updated August 30, 2019
Monjin Interviews Private Limited, including its subsidiaries, affiliates and licensors (collectively “Monjin”, “Company”, “we”, “us” or “our”) welcomes you (the “Client”, “user”, “you” or “your”) to www.monjin.com (or any replacement or successor domain name) (the “Website”).
Terms of Service
Please read these Terms of Service carefully before using the Services. These Terms of Service apply to all users of the Services, irrespective of the mode and the manner in which they have accessed the Services.
These Terms of Service constitute an electronic record within the meaning of applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures. These Terms of Service are published in compliance of, and is governed by the provisions of Indian law, including but not limited to: (i) the Indian Contract Act, 1872; and (ii) 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 and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011.
If you are using the Services on behalf of an entity, company or other organization, you represent and warrant that you:
(i) have the authority to bind such entity, company or organization to these Terms of Service; and
(ii) agree to be bound by these Terms of Service on behalf of such entity, company or organization.
If you are using the Services on behalf of any other person (whether under his authority or otherwise), you represent and warrant that you:
(i) have the authority to bind such person to these Terms of Service; and
(ii) agree to be bound by these Terms of Service on behalf of such person.
Accessing, browsing or using the Website, agreeing to use the Services , ordering the Services on the Website, engaging in any transaction with respect to the Services, or ordering the Services from the Company, constitutes your unconditional acceptance and agreement to be bound by these Terms of Service, which may be modified by us, at any time and from time to time, without notice to you.
Monjin reserves the right, at any time and from time to time, to amend, modify, revise, update, suspend, remove and/or otherwise change the Terms of Service without prior notice to you, provided that if any such alterations constitute a material change to these Terms of Service, Monjin will notify you by posting an announcement on the Website. All such amendments and modifications shall take effect immediately when posted on the Website. By continuing to access the Website or use the Services after any such amendments or modifications, you agree to be bound by such amended or modified Terms of Service. For this reason, we encourage you to review the Terms of Service whenever you use the Services. If you do not agree to any change to these Terms of Services, then you must immediately stop using the Services.
Use of Website & Services
You shall use the Website only for lawful purposes for evaluating potential job applicants for job vacancies with You, in your company / affiliated company / companies / your client(s).
You shall not (directly or indirectly):
(i) use the Website or the Service in violation of any law, rule or regulation or otherwise in violation of any law, rule or regulation which you may be subject to;
(ii) use the Service for any fraudulent or unlawful purpose or for the promotion of illegal activities;
(iii) use the Services if you are a competitor of the Company or for reasons that are in competition with the Company;
(iv) use the Services, its content or its features and services in any manner that could interrupt, damage, disable, overburden or impair the Services or interfere with any other persons use and enjoyment of the Services;
(v) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services);
(vi) obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Website through any means, including through means not intentionally made publically available or provided for through the Website;
(vii) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party service providers’) infrastructure;
(viii) interfere or attempt to interfere with the proper working of the Website and Services or any activities conducted on the Website; and
(ix) use the Services offered in any manner so as to impair the rights and interests of Monjin.
You shall use the Website solely for your own needs. Using the content, information, data, text, software, scripts, graphics, audio and video content and interactive features generated, provided, or otherwise made accessible on or through the Services (collectively “Content”) for creating derivative works with a commercial motive without the prior written consent from Monjin is strictly prohibited.
You shall not sell, transfer or modify any Content, any official documents, and candidates’ personal documents made available to you through the Website or reproduce, display, publicly perform, distribute, and/or otherwise use them in any way for any public or commercial purpose, or for any purpose other than that for which they are shared with you.
You shall not copy or adapt the HTML code that Monjin creates to generate any Content on the Website. Nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights of Monjin, whether by estoppel, implication or otherwise.
Should any of the content made available to you through the Website be copied, leaked, or reproduced either in its original format or in an edited format, Monjin shall exercise its right to trace the source from where such act resulting in the breach of these Terms of Services originated, and shall take legal action as per applicable law. You will be held liable for the safety and privacy or misuse of any and all of this content.
You hereby agree that in case of breach of these Terms of Service by any individual within your organization acting on his own accord and having gained access to Monjin’s Website and its content through his employment with You / Your company, both such individual and You / Your company shall be held jointly and severally liable for such breach and shall be subjected to civil and/or criminal action. Monjin, its subsidiaries, affiliates, and their respective officers, directors, employees and agents, shall NOT be held responsible in any manner for the consequences arising from such breach.
Violation by You of these Terms of Service gives Monjin the right to deny You access to the Website and the Services. In such case, Monjin may choose to either suspend or terminate your use of the Website and the Services, and such choice shall be at Monjin’s absolute discretion.
All content created, added, uploaded, submitted, distributed, communicated or posted on the Website by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the user/person who originated such User Content. The Website permits the submission of User Content and the hosting, sharing, and/or publishing of such User Content. Notwithstanding anything contained herein, the user shall be solely responsible for user’s own User Content and the consequences of posting or publishing them. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all content on the Website, including User Content, accessed by you using the Services, is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. The Company does not and will not claim any ownership over or rights to User Content other than a license to use and display it in terms hereof.
In connection with the User Content, user affirms, represents, and/or warrants that:
(i) user owns or has the necessary licenses, rights, consents, permissions and authorizations to use and authorize Company to use, all User Content, including to enable Company to include and use the User Content for the purposes and in the manner contemplated by these Terms of Service; and
(ii) the Company will not be subjected to any claim, actions, liabilities, loss and damage as a result of its use of the User Content.
By submitting any User Content to the Website, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sub-licensable and transferable license to use, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit such User Content in connection with the Website, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing, part or all of the Website or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of the Services.
(i) cannot control the User Content and other information provided by users which is made available on the Website;
(ii) does not research, endorse, validate or certify the User Content (as defined below) and any other information submitted/uploaded by users on the Website nor assumes that all User Content and information will be complete, accurate, truthful, trustworthy and reliable; and
(iii) expressly disclaims any and all liability in connection with User Content.
The Services may contain content specifically provided by us, our partners or our users and such content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary and intellectual property rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any content accessed through the Services.
As mandated by Regulation 3(2) of the Information Technology (Intermediaries Guidelines) Rules, 2011, the Company hereby informs users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that: (i) belongs to another person and to which the user does not have any right to;
(ii) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
(iii) harm minors in any way;
(iv) infringes any patent, trademark, copyright or other proprietary rights;
(v) violates any law for the time being in force;
(vi) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(vii) impersonate another person;
(viii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; and
(ix) 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 cognisable offence or prevents investigation of any offence or is insulting any other nation.
Rules of Conduct
You shall abide by all applicable local, state, national and international laws and regulations.
As a condition of use of the Website and the Services, you promise and undertake not to use the Services for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activities in connection with the Services.
You agree that you will not (directly or indirectly) submit, upload, provide, transmit, distribute, post, store, link, or otherwise share content, information, data, software, and/or materials on or through the Services that:
(i) you do not have the right, authority or license to make available , whether under law, contract or otherwise;
(ii) is unlawful, threating, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, offensive, profane, contains or depicts pornography, or is otherwise inappropriate as determined by us, in our sole discretion;
(iii) is false, misleading, untruthful or inaccurate;
(iv) invasive of another’s privacy;
(v) violates the publicity or proprietary or intellectual property rights of third parties;
(vi) impersonates any person or entity, including any of our employees or representatives or falsely states or otherwise misrepresents your affiliation with any person or entity or expresses or implies that the Company endorses any statement you make;
(vii) includes anyone’s identification documents or sensitive financial information or any personal information about another individual or any information that may be used to track, contact or impersonate that individual;
(viii) discloses or provides information protected under any law, agreement or fiduciary relationship, including but not limited to proprietary or confidential information of others, insider information or material, non-public information;
(ix) constitutes unauthorized or unsolicited advertising;
(x) violates any law, statute, ordinance or regulation;
(xi) would give rise to criminal or civil liability;
(xii) that encourages conduct that constitute an offense or that encourages or provides instructional information about illegal activities;
(xiii) has the potential to create liability for us;
(xiv) could cause us to lose, in whole or in part, our relationship with our users, licensors, services providers or other suppliers;
(xv) interferes with or disrupts the operation of the Website or the servers or networks used to make the Website available, or violate any requirements, procedures, policies or regulations of such networks; and
(xvi) threatens the unity, integrity, defense, security or sovereignty of any country, 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.
You shall not (directly or indirectly):
(i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive ay source code or underlying ideas or algorithms of any part of the Services (including without limitation any application);
(ii) modify, translate, or otherwise create derivative works of any part of the Services; and/or
(iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.
Client records are regarded as confidential and therefore will not be divulged to any third party, other than our third party service providers if needed for providing services to our Clients or if legally required to do so to by any governmental or statutory authorities. Clients have the right to request sight of, and copies of any and all Client records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our Services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by the Company will only be in connection with the provision of agreed services and products.
Disclaimer, Exclusions, Limitations & Indemnification
The Website, the Services, the Content, including without limitation any information delivered as part of the foregoing are provided on an “as is” and “as available” basis, without warranty of any kind, express or implied, including, but not limited to the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, non-interference with data, availability, accuracy, that you will have continuous, uninterrupted or secure access to our Services or that the Services are error free and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed.
We, our subsidiaries, affiliates, directors, officers, employees, agents, suppliers, partners and content providers do not warrant that:
(i) the Services will be secure or available at any particular time or location;
(ii) any defects or errors will be corrected;
(iii) any content or software available at or through the Services is free of viruses or other harmful components; and/or
(iv) the result of using the Services will meet your requirements.
In no event shall we, our affiliates, subsidiaries, directors, employees, officers, agents, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the Services:
(i) for any lost profits, data loss, cost of procurement of substitute services, or special, indirect, incidental, punitive, compensatory or consequential damage of any kind whatsoever;
(ii) for any bugs, viruses, trojan horses, or the like (regardless of the sources of origination), or
(iii) for any direct damages be in excess of (in the aggregate) the fees paid to us for the particular Service, even if the Company has been advised of, knew, or should have known, the possibility thereof. You acknowledge that the fee paid by you reflect the allocation of risk set forth in these Terms of Service and that the Company would not enter into this agreement without these limitations. You hereby waive any and all claims against the Company arising out of your use of the Services, or any conduct of the Company’s directors, officers, employees, agents or representatives. Your sole and exclusive right and remedy in case of dissatisfaction with the Services or any other grievance shall be your termination and discontinuation of access to or use of the Services.
You shall defend, indemnify, and hold harmless us, our affiliates, subsidiaries, any related companies, licensors and partners, and each of our and their respective employees, officers, directors, agents, contractors, suppliers and representatives from all losses, claims, damages, liabilities, penalties, judgments, costs, expenses (including without limitation reasonable legal costs), charges, actions, proceedings and demands brought against or suffered by any of them resulting from, arising out of or relating to your (or any third party using your account or identity in the Services): (a) use or misuse of, or access to, the Services, Content, or otherwise from your User Content; (b) violation or breach of any term of these Terms of Service or any applicable law or regulation, whether or not referenced herein; and (c) violation of any rights of any third party. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
Termination of Agreements
The Company reserves the right, in its sole discretion, to terminate your access to all or any part of the Services at any time, with or without notice, effective immediately, including but not limited to as a result of your violation of any of these Terms of Service.
Both the Client and we have the right to terminate any services agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services shall be refunded.
Any user may terminate these Terms of Service at any time by ceasing all use of the Services.
All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitation of liability.
We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within the Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Links to Website
You shall not create a link to any page of this Website without our prior written consent.
Links from Website
We do not monitor or review the content of other party’s websites which are linked to from the Website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. The Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Intellectual Property & Copyright Notice
The Website and all information and Content available on the Website and its “look and feel”, except User Content (as defined herein), including but not limited to trademarks, logos, service mark, copyrighted works, text, graphics, logos, button icons, images, audio/video clips, data complications and software, and the compilation and organization thereof is the property of the Company, its affiliates, partners or licensors, or is used with consent of the owner and is protected by laws, including laws governing copyrights and trademarks. The reproduction and use of any of these by you is prohibited unless specific written permission is provided by us. Any unauthorized use shall violate copyright laws, trademark laws, privacy and publicity laws, and/or communication regulation.
The Website contains valuable trademarks, service marks, names, titles, logos, images, designs, copyrights and other proprietary materials owned, registered and used by the Company, including but not limited to, the mark “Monjin” (collectively, “Company’s Marks”). The Company’s Marks are the intellectual property rights of the Company. Any unauthorized use of the same is strictly prohibited and all rights in same are reserved by the Company. No use of any the Company’s Marks may be made by any third party without express written consent of the Company.
You agree not to engage in the use, copying, or distribution of any of the content of the Website other than expressly permitted herein, including any use, copying, or distribution of Content obtained through the Website for any commercial purposes. If you download or print any Content for personal use, you must retain all copyright and other proprietary notice contained therein.
Nothing contained on this Website should be construed as granting, by implication or otherwise, any right, license or title to any of the Company’s intellectual property and the Company’s Marks, without the prior written permission of the Company. All rights are expressly reserved and retained by the Company. Your misuse of any of the Company’s Marks displayed on the Website, or any other Content on the Website, except as provided in these Terms of Service, is strictly prohibited. You are also advised that the Company considers its intellectual property to be among its most valuable assets and will aggressively enforce its intellectual property rights to the fullest extent of the law.
When you use the Website and Services or send emails or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically and as and when required. We reserve the right to communicate with you by email or by such other mode of communication, electronic or otherwise. We may use a third party platform for making calls for matters related to the services being provided by Monjin and these calls shall be made notwithstanding your DND status.
We have several different e-mail addresses for different queries. These, and other contact information, can be found on our About Us link on our Website or via the Company’s literature or via the Company’s stated telephone, facsimile or mobile telephone numbers. The Company is registered in India and its registered address is Survey no. 286/1B/2, Pallod Farms 3 Baner, Pune – 411045 (MAH) India.
Governing Law & Jurisdiction
These Terms of Service will be governed by the laws of India. Further, the courts at Pune, India shall have exclusive jurisdiction for all matters arising out of or in connection with these Terms of Service and you agree to irrevocably submit to the exclusive jurisdiction of such courts.
The Company shall be liable to the user for any failure to perform any obligation under these Terms of Service or any agreement which is due to an event beyond the control of the Company including but not limited to any act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood, change in law, or any other natural or man made eventuality outside of the Company’s control.
These Terms of Service, including all related agreement and policies incorporated by reference herein, constitutes the entire agreement between you and the Company related to the subject matter hereof.
If any provision of these Terms of Service are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply.
Failure of the Company to enforce any of the provisions set out in these Terms of Service and any other agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms of Service or of any other agreement or any part thereof, or the right thereafter to enforce each and every provision.
Notification of Changes
These Terms of Service form part of the agreement between the Client and Monjin. Your accessing of the Website and/or undertaking of a booking or agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms of Service contained herein. Specific to our Clients, the service agreement signed between Monjin and the Client will supersede these Terms of Service wherever there are conflicts.
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