Only persons who are eligible to form legally binding contracts and can lawfully undertake any job, occupation or employment under the applicable laws and regulations can use the Application. Persons who are not competent to contract including persons who are minors under applicable local law and un-discharged insolvents are not eligible to use the Application. By accessing/using the Application or the Services, you represent and warrant to Sonicjobs that you are competent to contract, and that you have the right, authority and capacity to agree to and abide by these Terms. If you are accessing/using the Application/Services on behalf of a company or any other legal entity, you represent and warrant that you have the authority to bind the said company or other legal entity and in which case the terms “you” or “your” in these Terms shall refer to such company or entity. If you do not have such authority, you must not accept the Terms and shall not use the Service. You also represent and warrant to the Sonicjobs that you will use the Application in a manner consistent with any and all applicable laws and regulations. Sonicjobs reserves the right to terminate your access to the Application if it is brought to its notice or if it is discovered that you are not competent to contract.
REGISTRATION AND COMMENCEMENT OF SERVICE:
1. To access the Application or avail the Service, you must register and create an account (“User Account”) on the Application by using either your Facebook or Google Connect log-in ID and password. We will not collect, store or save your Facebook or Google Connect passwords.
4. Sonicjobs reserves the absolute discretion to either allow you to create a User Account and/or availing any of the Services or not, without assigning any reasons for the same. Once you have signed in using either your Facebook or Google Connect log-in ID and password and provided all the required information, your User Account shall be successfully created and active.
5. Once activated, you can use your User Account to access the Application and the Service and the details provided by you in respect of your User Account (other you’re your password) will be open and accessible to other users of the Application and to the user of Sonicjobs’ mobile application called “Sonicjobs for Employers” (hereinafter referred to as “Employer Application”). The Employer Application is a mobile application that is similar to this Application where the registered users are employers who can through their user accounts on the Employer Application post job vacancies and job opening and seek persons to hire for such job openings and also view the details of registered users of this Application. The “Job Seeker Application” (otherwise referred to as the “Application”) is a mobile application that is similar to this Application where the registered users are job seekers who can through their user accounts on the Job Seeker Application view, apply for and accept job vacancies and job opening and also view the details of registered users of this Application.
6. Your User Account will remain active until terminated in accordance to these Terms and in the event of such termination, your right to access or use the Service will automatically cease unless you reinstall the Application or reactivate your User Account.
7. By registering and creating a User Account with Sonicjobs, you declare and confirm that:
7.I. you have created the User Account for your own personal use and that the information you provide to Sonicjobs will be your details (and not that of any third person);
7.II. you will use the User Account only for yourself and will not use your User Account for the benefit of/detriment of any third party;
7.III. all details that you provide to Sonicjobs are true, complete and accurate and you further confirm that you will keep all such information current, complete and accurate at all times for as long as your User Account remains valid. You can log in to your User Account to modify or update any of your details;
7.IV. you will be responsible for safeguarding the security and confidentiality of your User Account and password; that you will not share, assign or transfer your User Account or reveal your password to any third party or do anything else that might jeopardize the security of your User Account; and that you will be solely responsible and liable for all actions/instructions initiated using your User Account except in case of any wilful or negligent act on our part;
7.V. you will not create more than one User Account and if we disable your User Account for any reason whatsoever, you will not create another one without revealing the same to us and then again, only with our express permission.
7.VI. If you become aware of any unauthorized use of your User Account or password, you must notify Sonicjobs immediately by e-mail addressed to email@example.com with the title “Account-Unauthorised Access”.
8. Sonicjobs may suspend or terminate your User Account at any time without notice, if we suspect that any information that you have provided is untrue, inaccurate, not current, or incomplete or if you are found to be in breach of any of these Terms.
LICENSE AND LIMITATION:
1. On registration and activation of your User Account, Sonicjobs grants you a non-exclusive, personal, limited, non-transferable, revocable, worldwide licence to access and use the Application in the form made accessible and/or provided to you by Sonicjobs subsisting for as long as you have a valid User Account on the Application.
2. Sonicjobs merely provides an internet enabled electronic platform that facilitates communication through the Application between the users of the Application and the users of the Employer Application for the purposes of advertising and distributing information pertaining to job vacancies and services and to interact with users of the Employer Application in this regard. Sonicjobs is not and cannot be a party to or control in any manner any transaction between you and other users of the Application or users of the Employer Application. All commercial/contractual terms are offered by and agreed to between you and the users of the Employer Application alone. Sonicjobs does not screen, censor, control or supervise the actions of user(s) of the Application or users of the Employer Application and therefore, shall not be responsible or liable for any transactions, interactions, conduct or communications between you and other user(s) (whether of this Application or of the Employer Application) through the Application or otherwise. You shall be solely responsible for your communications with other user(s) of this Application and of the Employer Application.
3. Sonicjobs is not involved in the actual communications and transaction between users of the Application or the Employer Application or of the Service. As a result, Sonicjobs has no control over the accuracy, reliability, completeness, or timeliness of the profiles submitted on the Application or the Employer Application and makes no representations or warrants about any user profile on the Application or the Employer Application.
4. Further, users’ interactions with organizations and/or individuals found on or through the Application, the Employer Application or Service, and any other terms, conditions, warranties or representations associated with such dealings, are solely between such users. You should make whatever investigation you feel necessary or appropriate before proceeding with any offline or online transaction with any user of this Application, the Employer Application or the Service. Sonicjobs shall not be liable for the behaviour or statements of a user (whether of this Application or of the Employer Application).
5. Subject to these Terms, Sonicjobs authorizes you, to copy, download and print the content available on or from the Application solely for your personal, non-commercial use. The contents of Application such as designs, text, graphics, images, video, information, logos, button icons, software, audio files and any other content, are protected under both India and foreign copyright, trademark and other laws and is the exclusive property of Sonicjobs or its licensors. Unauthorized use of the Application may violate these laws and/or applicable communications regulations and statutes, and is strictly prohibited. You must preserve all copyright, trademarks, service mark and other proprietary notices contained in the Application on any authorized copy you make and you shall not sell or modify the same or reproduce, display, publicly perform, distribute, or otherwise use the same in any way for any public or commercial purpose, in connection with products or services that are not those of Sonicjobs or in any other manner that is likely to cause confusion among users or that otherwise infringes Sonicjobs’ intellectual property rights.
1. In consideration of the license granted to you, you hereby agree that you shall:
1.I. maintain a professional and productive relationship with the other users of the Application and the Employer Application;
1.II. in the course of accessing/using the Services, observe and comply with all instructions and directions as may be communicated to you by Sonicjobs from time to time;
1.III. be solely responsible for your interactions with other users of the Application and the Employer Application. In this regard, Sonicjobs reserves the right, but does not have the obligation, to monitor your interactions or communications exchanged with other users of the Application, the Employer Application or Service and may, prohibit you from contacting other users (whether of this Application or of the Employer Application) through the Application or otherwise limit your use of the Service, if Sonicjobs determines (in its sole discretion) that your conduct is unbecoming or that you are in violation of any of these Terms;
1.IV. promptly answer any questions or queries raised by Sonicjobs or other users (whether of this Application or of the Employer Application), update your User Account details;
1.V. amicably resolve / settle any conflict between yourself and other users(s) of the Application, the Employer Application or Service, whenever required. Sonicjobs reserves the right, but has no obligation, to monitor disputes between you and other users of the Application, the Employer Application or Service;
1.VI. respond to all emails or notifications from Sonicjobs promptly;
1.VII. access or use the Service and the Application only in compliance with all applicable laws, rules or regulations;
1.VIII. report to Sonicjobs in the event you become aware of any disorderly, harassing or unprofessional behaviour/ conduct by any user of the Application, the Employer Application or Service;
1.IX. not use the Application or Service to store or transmit infringing, libellous, or otherwise unlawful or tortious material, or to store or transmit any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable or that violates any third party’s rights of privacy/publicity or infringes or violates the intellectual property rights of any third party;
1.X. not use the Service or the Application, to store or transmit viruses, worms, time bombs, Trojan horses and/or any other harmful or malicious code, files, scripts, agents or programs;
1.XI. not use the Service or the Application to send any unsolicited commercial communication or unauthorized advertising, junk mail, or spam;
1.XII. not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
1.XIII. not collect, store or use personal data about other users of the Application, the Employer Application or the Service other than in connection with your permitted use of the Service;
For the Employer Application only: obtain all licences and permits which are necessary for posting and uploading a job listing or offer on the Application. You indemnify and agree to keep Sonicjobs indemnified against all demands, claims and damages which may arise out of the said job posting or listing;
1.XIV. be solely responsible for all information retrieved, stored and transmitted through the Application;
1.XV. not use the Application for any other purpose, including engaging or providing services same or similar to the Services for the benefit of any third party;
1.XVI. be solely responsible for protecting the information on your device including but not limited to installing appropriate anti-virus software etc;
1.XVII. assume all risks associated with dealing with other users of the Application, the Employer Application or the Service with whom you come in contact through the Application; and
1.XVIII. not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any services, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
1.XIX. You shall not use the Application or Service in order to host, display, upload, modify, publish, transmit, update, distribute, share, store or destroy any information:
1.XIX.i. in violation of any applicable law or regulation;
1.XIX.ii. in a manner that will infringe the copyright, trademark, trade secret or other intellectual property or proprietary rights of others or violate the privacy, publicity or other personal rights of others;
1.XIX.iii. harm minors in any way;
1.XIX.iv. deceives or misleads the addressee about the origin of such message or communicates any information which is grossly offensive or menacing in nature;
1.XIX.v. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Application or the Services;
1.XIX.vi. threatens the unity, integrity, defence, security or sovereignty of any nation, friendly relations with foreign states or of public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or insulting of any nation;
1.XIX.vii. to gain unauthorized access or exceeds the scope of authorized access to the Application or solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or
1.XIX.viii. interferes with another user’s use and enjoyment of the Application or the Employer Application.
2. You shall not use any other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Application or the Employer Application, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Application or the Employer Application.
3. You shall not attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Application or the Employer Application.
1. Any content, data or information that you submit, upload, display or share through the Application (“your Content”) shall be your exclusive property and you shall full ownership and right to the same. Sonicjobs shall not be responsible for any of your Content which have been shared by you to the other users of the Application or the Employer Application and for any copies thereof made and/or stored by such other users.
2. By accepting these Terms, you automatically grant to Sonicjobs, a non-exclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sub-licensable right to copy, reproduce, translate, adapt, store, publish, display, issue copies or communicate and/or use, process or analyse, your Content, in any way now known or in the future discovered, and to prepare derivative works of, or incorporate into other works, without any further consent, notice and/or compensation to you.
3. You hereby agree and irrevocably authorize that the Sonicjobs has the right to use and retain for the Sonicjobs’ own purpose, any data or/and information supplied by you in connection with the Application or the Service, and/or pass on such information to any other associated companies or selected third parties.
4. You understand that you submit your Content to us at your own risk of loss. By providing your Content to us, you represent and warrant that you have the necessary right and/or permission to submit it; that it is not confidential and not in violation of any law, contractual restrictions or the rights of any third party (including any intellectual property rights).
5. Sonicjobs has no obligation to screen communications or information in advance and is not responsible for screening or monitoring your Content posted on the Application. However, Sonicjobs may review and delete any of your Content that, in the sole judgment of Sonicjobs, violates these Terms, violates applicable law, rule or regulation, is offensive or illegal, or harms the reputation of Sonicjobs or the Application, or violates the rights of, harms or threatens the safety of users.
REPORTING AND RATING:
1. In the event, you have any grievance against any user (whether of this Application or of the Employer Application) or it comes to your notice that a user is using the Application, the Employer Application or Service in violation of these Terms, you can raise a complaint with Sonicjobs. Sonicjobs on receiving any complaint/report from a user shall enquire into the details and fact and circumstances of the complaint and provide both parties an opportunity to present their case to Sonicjobs and also connect the users with each other in order to resolve the complaint. Thereafter if the complaint is not resolved within a reasonable period of time, Sonicjobs may at its sole discretion and based on its own enquiry into the complaint take such action as may be appropriate against the user violating the Terms including by adjusting the rating received by such users. In the event of repeated complaints of a user, Sonicjobs may in its sole discretion disable such user’s User Account.
THIRD PARTY WEBSITES:
1. The Application may include hyperlinks to third party websites, which websites are outside the control of Sonicjobs. If you click on one of these links you will leave the Application and will be accessing a third party site. Sonicjobs does not verify, monitor or endorse these third party websites or the products / services that are available or advertised or sold through these third party websites and does not accept any responsibility or liability for the authenticity, reliability, accuracy of the information therein or any loss or damage that you may incur by your visit and/or transactions/activities on these third party site(s). You agree that you access any such third party sites at your own risk and shall solely bear all consequences associated with your access to, and use of, such third party websites. Such third party sites may have separate terms and conditions and privacy policies and which are independent of Sonicjobs and therefore, please read such third party terms before you access any such third party site.
1. SONICJOBS EXPRESSLY DISCLAIMS, AS FAR AS LEGALLY PERMISSABLE UNDER LOCAL LAW, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, NON-INFRINGEMENT, DATA ACCURACY AND COMPLETENESS. SONICJOBS MAKES NO WARRANTY THAT THE APPLICATION OR SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE APPLICATION SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. THE APPLICATION AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
LIMITATION OF LIABILITY 1. IN NO EVENT SHALL SONICJOBS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS, REVENUES, DATA OR ANTICIPATED SAVINGS, PRODUCT LIABILITY, CONSUMER PROTECTION OR INTELLECTUAL PROPERTY CLAIMS, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION, WHATEVER AND HOWEVER CAUSED, WHETHER ARISING UNDER STATUTE, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT SONICJOBS HAS BEEN ADVISED OF THE POSSIBILITY OF THE SAME ARISING. INDEMNITY
1. You agree to defend, indemnify and hold Sonicjobs and its directors, officers, employees and representatives harmless from all loss, claim, suit, damage, costs and expenses (including but not limited to reasonable attorney fees) suffered by any of them as a result of any breach of these Terms by you, including, without limitation, the submission of any data, content or material that violates any third party right or any applicable law.
TERM AND TERMINATION
1. These Terms shall be binding from the time you register and create a User Account and will continue until the termination of your User Account.
2. Sonicjobs may terminate your User Account with immediate effect without any notice in the event that you are in breach of these Terms.
3. You may terminate or deactivate your User Account at any time by using the ‘Deactivation’ option of your User Account and uninstalling the Application or by writing to Sonicjobs at firstname.lastname@example.org with the subject line “Please terminate my User Account”.
1. You are allowed unlimited reinstalls of the Application, provided however the Application will not be available and users shall no longer have a right or ability to reinstall the Application, in the event the Application is removed for any of the following reasons:
1.I. an allegation of infringement, or actual infringement, of any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person;
1.II. an allegation of defamation or actual defamation;
1.III. an allegation of violation, or actual violation, of any third-party’s right of publicity or privacy; or
1.IV. an allegation or determination that such Application does not comply with applicable law.
2. Subject to Section 11.2 & 12.1 above, removing the Application from the Google Store does not (a) affect your licence rights to the previously purchased or downloaded Application, or (b) remove the Application from your device or from any part of the Google Store where the previously purchased or downloaded Application was stored on behalf of users.
RIGHT TO MODIFY THE SERVICE
1. Sonicjobs reserves the right to discontinue, change or modify the Application or the Service from time to time and any changes will be notified to you through the Application. In the event of discontinuation of any Service or part thereof or any change that results in a material degradation or material reduction in the functionality of the Service or the Application, your sole remedy will be to deactivate your User Account and uninstall the Application.
ARBITRATION, GOVERNING LAW AND JURISDICTION
1. These Terms, its validity, its interpretation and performance shall, in all respects, be governed by and construed in all respects in accordance with the laws of India without regard of any conflict of law principle or rules. 2. You agree that any dispute between the parties hereto arising out of or in connection with these Terms (including any question regarding its validity or termination) shall be submitted to the jurisdiction of the competent courts located in Pune, India.
1. Notice: Notices to Sonicjobs shall be made via e-mail to email@example.com and all notices to you shall be made via message or notification through the Application/ e-mail to the e-mail address you provide us. It is your responsibility to intimate Sonicjobs of any change in your email address or telephone number. You hereby consent to receive communications via your email address and telephone number for the purposes of these Terms.
2. Amendment of these Terms: Sonicjobs reserves the right to modify / amend these Terms at any time without giving any prior notice to you and such amendment shall be effective immediately upon inclusion / posting of such amendment in the Application. Your use of the Application or continued use of the Service after changes are notified means that you agree to be bound by such changes. 3. Assignment: The license granted to you by these Terms is personal to you and you shall not assign or transfer any of your rights or obligations without our prior written consent.
4. Waiver: No failure or delay on the part of any party in exercising any right or remedy hereunder shall operate as a waiver thereof. Any waiver (express or implied) by either party of any default or breach of these terms Agreement shall not constitute a waiver of any other or subsequent default or breach.
5. Severability: If any of these Terms are held to be invalid, illegal or otherwise unenforceable by a Court, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and if no feasible interpretation will save such provision, it shall be severed from these Terms and the remaining provisions remain in full force and effect.
6. Communication: When you use the Application and provide any information on the Application; or when you click any of the buttons available on the Application; or when you send an e-mail to Sonicjobs, you are communicating with Sonicjobs through electronic records. You hereby consent that such electronic records, whether sent by you or automatically generated when you click on any of the buttons available on the Application, shall be deemed to be communications sent in writing by you.
9. Injunctive Relief: You acknowledge that the breach of these Terms shall result in grave and irreparable loss and injury to Sonicjobs, for which monetary damages alone will not provide adequate relief. Therefore, in addition to the right to seek appropriate monetary damages under law, the Sonicjobs is entitled to obtain injunctive relief (including but not limited to a temporary restraining order) to prohibit the continuing breach of these Terms.