Terms and Conditions
Staffex.in/Staffex.com (the "Site") and the Licensed Mobile Application for Accessing the Site (including all associated media and online or electronic documentation) ("the Application"), are owned and operated by Staffex (India) Limited ("Company"). The Site and Application are hereinafter collectively referred to as "Platform". For the purposes of the Terms of Use, "You" shall mean the person who is accessing the Platform.
The Company makes available its services and products to you, through the Platform on the condition that you abide by these Terms of Use (hereinafter referred to as "Terms of Use"), as updated from time to time. If you do not accept the Terms of Use or you do not meet or comply with their provisions, you should not use or access the Platform and/or avail of the Company’s services or products via the Platform.
This webpage states the Terms and Conditions for the Candidates (“Users”) searching for the employment opportunities and the Employers ( Recruiters) posting their job vacancies on the website https://staffex.com/ and including its mobile version Application Staffex App, an on-line service to post and search employment opportunities and user resumes ("Staffex" or "Website").
These Terms and Conditions include the Staffex Privacy Statement which is incorporated into these Terms and Conditions by reference. By using Staffex, You are indicating your acceptance to be bound by these Terms and Conditions, including the Staffex Privacy Policy.
By using the Website the Users and/or Employers (“You”/ “Your”), You are indicating Your acceptance to be bound by the provisions of these Terms and Conditions. Staffex Limited ("Staffex" or the "Company") may revise these Terms and Conditions at any time by updating this on the Website. You should visit this page periodically to review the Terms and Conditions, because they are binding on’ You’.
Staffex may revise these Terms at any time by posting an updated version to this web page. You should visit this web page periodically to review the most current Terms and Conditions because they are binding on ‘You’. Users who violate these Terms and Conditions may have their access and use of this website suspended or terminated, at Staffex's discretion.
Purpose
The Platform is made available for use only by: (a) individuals who are searching for job opportunities and vacancies and/or are interested in availing of other career enhancement services which are provided or might be provided by the Company ("Job Seekers"); and (b) by individuals and/or organizations desirous of making available information pertaining to job vacancies including but not limited to agencies acting for multiple employers / organizations in order to fill the job vacancies available with those employers/organizations(“Recruiters”). Job Seekers and Recruiters as hereinafter collectively referred to as "Users".
The Platform is intended to serve only as a preliminary medium of contact and exchange of information between the Users, who have a bona fide intention to contact and/or be contacted for the purposes related to genuine existing job vacancies and for other career enhancement services ("Purpose").
Binding Agreement
The Terms of Use constitute a binding legal agreement ("Agreement") between you and the Company. To the extent that you are accessing this Platform in your capacity as a representative of or as an employee of, a Recruiter, you represent and warrant that you are agreeing to these Terms of Use on your own behalf as well as on behalf of the Recruiter and have the authority to bind such Recruiter to this Agreement.
YOUR ACCESS TO OR USE OF THE PLATFORM, ANY PART THEREOF OR USE AND/OR DOWNLOADING OF ANY CONTENT AVAILABLE ON IT, INDICATES YOUR ACCEPTANCE OF THESE TERMS OF USE AND IS CONTINGENT ON YOUR COMPLIANCE WITH THE TERMS OF USE. YOU AGREE TO USE THE PLATFORM OF YOUR OWN FREE WILL AND AT YOUR OWN RISK.
Eligibility
You must be 18 years of age or older to visit or use Staffex in any manner. By visiting Staffex or accepting these Terms and Conditions, You represent and warrant to the Company that You are 18 years of age or older, and that You have the right, authority and capacity to use the Website and agree to and abide by these Terms and Conditions. You also represent and warrant to the Company that You will use Staffex in a manner consistent with any and all applicable laws, including data protection laws, rules and regulations thereof.
By using and accessing the platform, you represent and warrant that:
you are competent to enter into a valid binding contract as per Indian law; and
you are eligible to conduct the Purpose lawfully.
Use of the platform
Staffex authorizes You, subject to these Terms and Conditions, to use the Staffex website and its Content (as defined below) for Your use in the manner as agreed with Staffex. The contents of Staffex, such as designs, text, graphics, images, video, information, logos, button icons, software, audio files and other Staffex content (collectively, "Staffex Content"), are protected under both India and foreign copyright, trademark and other laws. All Staffex Content is the property of Staffex or its licensors. The compilation (meaning the collection, arrangement and assembly) of all content on the Staffex Website is the exclusive property of Staffex and is protected by Indian and international copyright, trademark, and other laws. Unauthorized use of the Staffex Content 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 original Staffex Content on any authorized copy You make of the Staffex Content. You may not sell or modify the Staffex Content or reproduce, display, publicly perform, distribute, or otherwise use the Staffex Content in any way for any public or commercial purpose, in connection with products or services that are not those of Staffex, in any other manner that is likely to cause confusion among consumers or that otherwise infringes Staffex's intellectual property rights.
Any code that Staffex creates to generate or display any Staffex Content or the Staffex website pages making up any Staffex Site is also protected by Staffex's copyright and You may not copy or adapt such code.
You may not use any of the Staffex Content on any other Website or in a networked computer environment (including, without limitation, by uploading or republishing Staffex Content on any Internet, Intranet or Extranet site or incorporating the Staffex Content in any other database or compilation for any purpose). You shall not copy or adapt the HTML code that the Company creates to generate any Staffex Content for the Staffex website pages making up any Staffex Site which is also protected by the Company's copyright. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
Notice and Staffex's Restrictions
THE SERVICES PROVIDED BY THE PLATFORM DO NOT EXTEND TO ACTING AS AN AGENT (EXPRESS OR IMPLIED) OR AS LABOUR CONSULTANTS ON BEHALF OF ANY SUBSCRIBER OR USER. WE HAVE NO AGENTS AND DO NOT OPERATE THROUGH ANY AGENTS.
In case of any misuse of the Platform the Company reserves its rights to take any actions as it may deem fit, including (i) suspending or terminating your access to the Platform and/or the Company’s products and/or service, forthwith and without any notice; (ii) removing or disabling any content which is non-compliant with the Terms of Use; and/or (iii) reporting the incident/ misuse to relevant authorities and/or initiating any legal proceedings. In case your misuse of the Platform results in or is likely to result in any loss or depletion of revenue, reputation or customer base of the Company, the Company additionally reserves its right to seek adequate relief against the said misuse, including relief by way of damages, injunction, etc.
Users shall not use any Staffex's website in order to host, display, upload, modify, publish, transmit, update, distribute, share, store or destroy material, including without limitation Staffex Content, which is in violation of any applicable law or regulation; 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; that belongs to another person and to which the user does not have any right to; that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, threatening, abusive or hateful or racially, ethnically objectionable, disparaging, relating encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever; harm minors in any way; deceives or misleads the addressee about the origin of such message or communicates any information which is grossly offensive or menacing in nature; impersonate another person or entity; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of Staffex’s computer systems or site or Staffex’s users, customer’s computer systems or site;Threatens the unity, integrity, defense, security or sovereignty of India, 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 any other nation.
Limitations and prohibition on use
The job posting and resume database features of Staffex may be used only for lawful purposes by individuals seeking employment and career information and employers seeking employees.
Staffex specifically prohibits any other use of Staffex, and all Users agree not to do any of the following:
Transmit, post, distribute, store or destroy material, including without limitation Staffex Content, in violation of any applicable law or regulation, including but not limited to laws or regulations governing the collection, processing, or transfer of personal information, or in breach of Staffex privacy policy; Post any resume or apply for any job on behalf of another party; Defer any contact from an employer to any agent, agency, or other third party; Post jobs or content on any Staffex website that contain any hyperlinks, email addresses, HTML Tags, "hidden" keywords, repetitive keywords or any keywords that are irrelevant to the job or are otherwise misleading contained in a job posting are prohibited; Use any Staffex website Resume Database for any purpose other than as an employer seeking employees, including but not limited to using the information in the Resume Database to sell or promote any products or services; Post or submit to any Staffex Website any incomplete, false or inaccurate biographical information or information which is not your own; Send unsolicited mail or e-mail, making unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of products or services to a user of any Staffex Website; Post jobs or content on any Staffex Website seeking money, periodic payment in any form; Post jobs or content which are not exactly offering jobs but offer services such as immigration /visa processing etc; Delete or revise any material posted by any other person or entity; Take any action that imposes an unreasonable or disproportionately large load on any Staffex Website's infrastructure; Use any data mining, robots or similar data gathering or extraction methods. Notwithstanding anything to the contrary contained herein, use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search any Staffex Website other than the search engine and search agents available from Staffex on such
Staffex Website.
You agree to strictly abide by any limitations imposed on usage of the Platform by the Company, including limitations in terms of geography or location (e.g. of access) or quantity. Any violation entitles the Company to stop your access or service and initiate action as it may deem fit.
Accuracy and Correctness of user information
You are solely responsible for your My Staffex Account information, content, messages or other information ("User Content") that You submit, publish or display (hereinafter, "post") on any Staffex Website or transmit to other Users. By posting User Content to any Staffex Website, You automatically grant, and You represent and warrant that You have the right to grant, to Staffex an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such User Content and to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses thereof.
By posting User Content to any public or non-public area of any Staffex Website, You grant Staffex and its parent company and affiliates the loyalty-free, perpetual, irrevocable, sublicense able (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the User Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant the license stated above. You also permit any Staffex authorized User to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on any Staffex Website retains any and all rights that may exist in such User Content.
Terms for Employers
Employers are responsible for maintaining the confidentiality of Your employer account, Profile and passwords, as applicable. You may not share Your password or other account access information with any other party, temporarily or permanently, and You shall be responsible for all uses of Your Staffex Website registrations and passwords, whether or not authorized by You. You agree to immediately notify Staffex of any unauthorized use of Your employer account, Profile, or passwords.
Employers are solely responsible for their postings on Staffex Websites. Staffex is not to be considered to be an employer with respect to Your use of any Staffex Website and Staffex shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on any Staffex Website.
Job postings-A Job posting must not contain:
Any hyperlinks, other than those specifically authorized by Staffex; misleading, unreadable, or "hidden" keywords, repeated keywords or keywords that are irrelevant to the job opportunity being presented, as determined in Staffex’s reasonable discretion; the names, logos or trademarks of unaffiliated companies other than those of your customer save where expressly agreed by Staffex; the names of colleges, cities, states, towns or countries that are unrelated to the posting; inaccurate, false, or misleading information; and Material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18.
Links to third-party sites
Staffex can contain links to third-party sites and it is not an endorsement by the company.
Disclaimers
Staffex is an intermediary and is not responsible for any user postings on the website and on the app.
In case any inaccurate or otherwise improper content which does not conform to these Terms of Use is sighted on the Platform, Users are requested to notify the Company of the same using the contract details provided below.
Payment Terms
Payments for the services offered by Staffex shall be on a 100% advance basis. The payment for service once subscribed to by you is not refundable and any amount paid shall stand appropriated. Refunds, if any, will be at the sole discretion of the Company.
User hereby irrevocably accepts to receive the tax invoice as soft copy through emails.
Notwithstanding anything contained in any other agreement or arrangement, by whatever name called, the performance obligation of the Company (service provider) is to provide access of its on-line portal to the customer for the duration of the subscription period & reference to any usage, by whatever name called or any other performance obligation, if any, is to provide the upper limit for consumption, which by itself, does not create any additional performance obligation upon the Company
The Company offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Customers card/bank accounts.
In the event of any suspension or termination of services on account of non-compliance of these Terms of Use, any payment made to the Company by you shall stand forfeited with immediate effect.
You are requested to honour your payment obligations to the company.
The User or customer shall be required to promptly provide copy of TDS certificate to the Company as mandated under law for tax deducted at source from the payments made to the Company. Any loss on account of non availment or disallowance of such TDS credit in view of any lapse as per this clause or as required under applicable law on the part of User or customer shall entitle the company to seek reimbursement or indemnification
Staffex shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the user's account and / or information relating to or regarding online transactions using credit cards / debit cards and / or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used whether or not in pursuance of a legal process or otherwise.
Limitation of liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THE COMPANY PROVIDES NO GUARANTEES OF SERVER UPTIME OR APPLICATIONS WORKING PROPERLY. IN NO EVENT WILL COMPANY'S AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS, INCLUDING UNDER TORT, CONTRACT OR OTHERWISE, EXCEED THE AMOUNT OF FEES PAID BY YOU TO THE COMPANY. THESE LIMITATIONS AND EXCLUSIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
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