Terms & Conditions
The website, www.behtarjobs.com (“Site”) is an electronic web based platform for exploring opportunities and enhancing outreach using the online search and other tools available for the Employers / Recruiters / Consultants / Clients. It is owned and managed by Behtarjobs Enterprises. (“Firm”) with its registered office at Plot No.4B First Floor Shiva Market Pitampura, New Delhi, 110034 (India).
The following expressions shall have the following meanings in the Agreement defined below:
- DATE OF Activation: is defined as the date specified by the Behtarjobs in its agreement to the Client either through email indicating the approval to the Client’s registration and permission to access the Service.
- EXPIRY DATE: is defined as the expiry date of the agreement of termination of the services. By default it is 1 year from date of activation.
- CLIENT: is any person who accesses the Site for whatever purpose, regardless of whether said Client has registered with Behtarjobs.com as a registered Client or whether said Client is a paying clients for a specific service provided by the Site. A Client includes the person using this Site to access any information on the Site.
- BEHTARJOBS.COM: is defined as the Internet web site of the Firm at www.behtarjobs.com
- SERVICES: is defined as the services to be provided by the Firm to the Client at Behtarjobs.com including the provision of facilities for the following:
- A Client who wishes to reach a job seeker.
- A Client who wishes to hire a job seeker through Behtarjobs.com.
- A Client who wishes to advertise at Behtarjobs.com.
- Client who wishes to receive advertisements, newsletters and promotional messages on www.behtarjobs.com and through emails.
- Service Charges (for recruiters): is defined as the payment that has to be made to Behtarjobs.com to access the services.
- REGISTRATION DATA: is defined as all the information and particulars of the Client requested on initial application and subscription, including but without limiting to the Client’s name, mailing address, email address, account and telephone number. The words can be used either in the singular or plural sense and those implying one gender shall also include the other.
- RATES: The rates for the Services shall be at the price indicated in the Email or the Firm may prescribe such other rates from time to time. Liability for the Subscription Fees shall accrue from the Date of Activation.
Commencement of Service
The Service shall commence on the Date of Activation after we have received the necessary payment.
- The Client agrees and expressly states that he/she is solely responsible for the accuracy and completeness of the Registration Data and other information given to the Firm in the application for Membership in order to use the Service. The Client will ensure that the data shared with Behtarjobs.Com doesn’t contain any fraudulent, false, misleading or manipulated facts.
- The Client is responsible for the set-up or configuration of all the necessary equipment required to access the Service.
- The Client will comply with all notices or instructions given by the Firm from time to time in respect of the use of the Service.
- The Client shall be solely responsible for all information retrieved, stored and transmitted through the Service by him.
- The Client is solely responsible for the maintenance of confidentiality of the login information.
- This would include the Client’s password and Client’s Client name and all activities and transmission performed by the Client at Behtarjobs.com.
- The Client will immediately notify the Firm of any unauthorized use of the Client’s account or any other breach of security known to the Client.
- The Client will pay promptly the Subscription Fees as required by the Firm from time to time.
- The Client will take all such measures as may be necessary (including without limitation changing his password from time to time) to protect the secrecy.
- In case you chose to discontinue your association with us, you can send a Mail to us for cancellation of agreement before 1 month of actual date of Cancellation. Cancellation is done only if there is no pending amount from client side.
- With this registration, you agree to accept communications (through Calls/Chat/ Mails/SMS) on the numbers made available during registration or subsequently irrespective of being on Do Not Call Registry; which include Firm / your number / an assigned point of contact; with respect to the subscribed services of Behtarjobs.com
Proprietary Rights in Content on Behtarjobs
Behtarjobs.com owns and retains other proprietary rights in the site as well as the services. The Site contains the copyrighted material, trademarks, and other proprietary information of Behtarjobs.com. You may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information, except for that information which is in the public domain or for which you have been given permission.
Intellectual Property Rights
All logos, brands, trademarks, registered marks
(“Marks”) appearing in Behtarjobs.Com are the properties either owned
or used under license by the Firm and / or its associates. All the rights
accruing from the same, statutory or otherwise and intellectual property rights
wholly vest with the Firm / its associates. All rights not otherwise claimed
under this Agreement or by the Firm / its associates are hereby reserved.
The access to the Site does not confer upon the Client any license or right to use these Marks and therefore the use of these Marks in any form or manner whatsoever is strictly prohibited. Any violation of the above would constitute an offence under the prevailing laws of India.
- The Client will not allow any person other than the authorized person(s) named in the application form to use the Service.
- The Client shall use the Service only for the purpose for which it is subscribed.
- The Client will comply with all applicable laws and shall not contravene any applicable law of India relating to the Services, including any regulation made pursuant thereto.
- The Client shall not to use the Service for any unlawful purpose including without limitation criminal purposes.
- The Client shall not to use the Service to send or receive any message, which is offensive on moral, religious, racial or political grounds or of an offensive, vulgar, obscene, malicious or menacing nature.
- The Client shall be prohibited in persistently sending messages or make postings on Behtarjobs.com to any other Client or third party who access Behtarjobs.com without reasonable cause or for causing any peril, harassment, annoyance, irritation, or anxiety to any person.
- The Client is prohibited to introduce, upload, post, distribute, publish or transmit any information or software that:
a) Contains a virus, worm or other harmful component into the Internet or Behtarjobs.com
b) Breaches on any intellectual property rights of any person or retain information in any computer system or otherwise with such intention.
c) Is unlawful, or which may potentially be perceived as being abusive, defamatory, libelous, harmful, threatening, harassing, vulgar, obscene, or racially, ethnically, or otherwise objectionable.
d) Is meant to mislead or deceive the other Clients
e) Infringes any trademark, patent or copyright rights
In the event of a violation of any of the above mentioned covenants by the Client, and same comes to the Firm’s knowledge, the Firm shall have the right to delete any material relating to the violations without prior notice to the Client. The Firm shall issue a warning to the Client to discontinue any activity, which leads to the said violations, and in the event the Client continues with such activity, the Firm has the sole authority to terminate or suspend the Membership at Behtarjobs.com and/or any other related facility. In addition to the right to indemnity available to the Firm, the Firm shall have the right to any legal remedy, against the Client to recover the loss suffered by the Firm and the harm caused to the goodwill of the Firm, due to such violation by the Client.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Behtarjobs.com service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the our Site; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Behtarjobs.com’s Copyright Agent for Notice of claims of copyright infringement can be reached by writing to the address located under the Contact Us section on the site.
Payment and Refund Policy
Payment for Memberships:
All payments for services at Behtarjobs.Com have to be made in favour of “SUNNY SHARMA” (Proprietor) only. All payments need to be made on 100% in Lock In Period basis to continue to use uninterrupted Paid Services.
We have not authorized any individual or organization to collect payments in any other name (i.e. any other individual or organization name) or via personal Western Union or personal Paypal Accounts for any services rendered by Behtarjobs.Com. You are informed that under no circumstances will Behtarjobs.Com be liable for any damage caused due to your transactions / payments made to / in favour of such fraudulent individuals or organizations. To protect your interests, please contact us immediately if any such fraudulent individual or organization tries to mislead you.
The Client, who is liable to pay Subscription Fees, shall pay it on demand even if the Client disputes the same for any reason. In the event that the Firm deciding the dispute to be in the Client’s favor, the Firm shall refund to the Client any excess amount paid by the Client free of interest. In the event of late payment by the Client of any sums due under this Agreement, the Membership and the services would stand terminated.
Refund / Money Back Policy:
Once subscribed, the payment made by the Client for Paid service is not refundable and no claim for refund would be entertained. Behtarjobs.Com neither offers any guarantees for the accuracy, timeliness, authenticity nor advocates any of the content posted by the other Clients. All the services are on a best effort basis.
Refund on the basis of fraudulent transactions
The Client is solely responsible for maintaining confidentiality, as well as all the activities and transmission performed through his My Folder. He/she shall be solely responsible for carrying out any online or off-line transaction involving credit cards / debit cards or such other forms of instruments or documents for making such transactions. Behtarjobs.Com 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 / off-line.
Refund on the basis of change in preference / delay in process
As we at Behtarjobs.Com keep up high interactions with our clients and carry out the entire process with their approval thus there is no provision for any kind of full or partial refund.
Once an order is placed it cannot be cancelled as it is sent for processing immediately. Your personal preferences changed in the course of time, cannot serve a reason for refund or charge back.
As Behtarjobs.com is an online platform so it
cannot guarantee confidentiality of information provided by Clients who use the
Site, so any breach in privacy due to technical fault or any other means is not
the responsibility of Behtarjobs.com.
The agreement between Behtarjobs.com and the Client can neither be deemed as “non-poach agreement” nor can the same be termed or used as an alternative to “non-poach agreement” as Behtarjobs.com being a public site, all information posted by Client on the Site goes to the public domain except information / data which is specifically assigned as a non-public / private character.
The Client is entitled access to his own data and information stored in the database at Behtarjobs.com (subject to prior confirmation of identity) and may edit or amend such data and information at any time.
The Clients need to be aware that when they voluntarily reveal identification oriented information (name, e-mail address) in chat and bulletin board areas, such information may be collected by a third party resulting in unsolicited messages from third parties. Such interaction is beyond the control and liability of Behtarjobs.com. Behtarjobs.com is liable to share all information available with it in response to any legal proceedings including and not restricted to court orders, notices, subpoena, FIR etc.
The copyright, know how or any other related intellectual property to the Service or Behtarjobs.com shall be the sole and exclusive property of the Firm. In the event the Client has contributed any content to Behtarjobs.com in any manner whatsoever, the intellectual property of the same shall stand automatically assigned to the Firm and the Client shall have no right or claim over the same. In the event the Client during the term of his agreement or any time thereafter, uses such intellectual property in any other website or related activity, the same can be construed to be an infringement of the intellectual property belonging to the Firm and the Firm shall have the right to legal recourse in this regard.
Maintenance of Service
The Firm may at any time deactivate or suspend the Client’s access to Behtarjobs.com and/or the Services (as the case may be) without any prior notice in order to carry out system maintenance, upgrading, testing, repairs and other related work. Without prejudice to the other provisions of this Agreement, the Firm shall not be liable for any loss and damage, costs and expense that the Client may suffer or incur, and no fees or charges payable by the Client to the Firm shall be deducted, refunded or rebated, as a result of such deactivation or suspension.
Modification to Service
The Firm reserves the right to modify or discontinue the Service with or without notice to the Client. Same for paid service, a pro-rated refund shall be effected for the remaining unused period.
The Firm shall not be liable to the Client or any third party should the Firm exercise its right to modify or discontinue the Service.
Suspension of Service
Without prejudice to any other rights or remedies
of the Firm, the Firm may suspend the Service provided by the Firm in the event
that any dues payable by the Client are not paid.
Upon suspension, the Service shall be deemed to be terminated from the date stipulated by the Firm and the Client shall be liable for all charges and fees incurred until that date.
Upon subsequent payment by the Client of the requisite payment as per the Firm’s demands, the Firm may at its sole discretion and subject to such terms as it deems proper, reconnect the Service.
Behtarjobs reserves the right to block the job posted by the Client in case, any of the following is found:
- Objectionable Contents includes: Offensive, abusive, threatening, obscene, defamatory or libelous materials.
- Multiple Profiles includes: A job opening would cater to a single requirement only. The Client is being allowed to post a single requirement in multiple categories, however only a single profile is allowed for each job opening.
- Contact Information includes: Any email address, phone numbers, postal address and any other means of contact material is prohibited in job details.
Termination of Service
The Firm may terminate this Agreement with immediate effect, without prior notice to the Client and without further prejudice to all other rights:
- If in the opinion of the Firm, the Client has breached any of the terms or conditions of this agreement.
- If in the opinion of the Firm or any regulatory authority, it is not in the public interest to continue providing the Service to the Client for any reason.
- If the Client is declared bankrupt or the Client enters into any compromise or arrangement with its creditors.
- The Client hereby undertakes that :
- They are fully authorized and solely responsible for all the job openings and associated information advertised by them at Behtarjobs.Com.
- They would ensure that all job openings advertised
or sought to be filled by using the Services of Behtarjobs.Com are genuine and
- The Services of Behtarjobs.Com would be used for solely fulfilling genuine job openings and never be exploited for any other commercial purpose.
- All correspondence with the jobseekers would be done on ethical grounds without any sort of impersonation or provision of fraudulent information.
- In case any Client is found to be in violation of the above undertaken, then Behtarjobs.Com is fully authorized to terminate the Membership / suspend any or all the services and take any necessary legal action befitting the situation.
- The following could be deemed as the reason for the termination of the services:
- harasses or advocates harassment of another person;
- is patently offensive to the online community, any
such content that promotes racism, bigotry, hatred or physical harm of any kind
against any group or individual;
- involves unsolicited mass mailing or “spamming”, the transmission of “junk mail”, “chain letters”, “Unsolicited Bulk Messages”, “Unsolicited Commercial Communications”, “Non-job related mails”, “Mails soliciting payments”, “Fraudulent Mails”
- promotes any information that is misleading, is false or that promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes unauthorized or an illegal copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices;
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- displays pornographic or obscene or sexually explicit material of any kind;
- provides any kind of instructional information about illegal activities such as violating someone’s privacy, making or buying illegal weapons, or providing or creating computer viruses, or hacking;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Clients;
- Behtarjobs also reserves all rights to suspend or terminate the services if found the services is not being used as per the mentioned instructions or the case may be.
Website designing services:-
Website designing service is one of the
deliverables with some of Paid Services and the Site reserves the sole rights
on its technical maintenance. Each Client hereby agrees to indemnify and save
the Site/Firm, its affiliates, directors, officers and employees harmless, from
any and all losses, claims, liabilities (including legal costs on a full
indemnity basis) which may arise due to interruptions because of Third Party
Services, technical errors while uploading or after hosting of website.
As Website designing service is a free service with some of the Paid Services, hence the Site retains the sole rights of all the technical details including FTP details. No claim(s) shall be entertained regarding the same. Since the data of the template based website is driven through the centralized database of the Site, hence it is non-transferable on any other server and any such attempt would render the website non-functional.
As Website designing service is a free service with some of the Paid Services, hence the Site retains the sole rights of all the technical details including FTP details. No claim(s) shall be entertained regarding the same.
The Clients hereby agree to extend full cooperation in assimilation of the information required for site development and approve of correspondence by phone/mail. Reminder mails would be sent if the Clients do not respond to calls/mails and/or do not provide the details/material requested and/or do not provide necessary approvals/feedbacks on progress of website/incomplete material/ incomplete images/layout/ hosting of website etc. The website designing service would be terminated / lead as per the Firm policy if no revert is received from the Client after the 2nd reminder mail. Re activation of website designing services / request for modification would be only on paid basis.
On completion of website development, the temporary link would be sent to the Clients and modifications would be entertained only if the same are sent within the next 5 days. On lapse of the 5 days, if no feedback is received, it would be deemed as consent for hosting the site on the domain.
All changes, after website hosting would be undertaken on paid basis.
Any exception / flexibility in the above circumstances would be at the sole discretion of the Site and would require a written request from the Client.
- The Firm shall not be liable for any loss of information howsoever caused whether as a result of any interruption, suspension, or termination of the Service or otherwise, or for the contents, accuracy or quality of information available, received or transmitted through the Service.
- The Client shall be solely responsible, and the Firm shall not be liable in any manner whatsoever, for ensuring that in using the Service, all applicable laws, rules and regulations for the use of systems, service or equipment shall be at all times complied with.
- The Firm makes no representations and warranties of any kind, whether expressed or implied, for the Services and in relation to the accuracy or quality of any information transmitted or obtained through the Services of Behtarjobs.com.
- The Firm’s liability under this Agreement shall not in any event exceed the total amount of fees and charges paid by the Client to the Firm for the period immediately preceding two (2) months prior to the incident that has resulted in the relevant claim.
- The Firm shall not be liable for any loss or damages sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the Client’s account and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed.
- The Firm neither guarantees nor offers any warranty about the credentials, status or authenticity of the prospective employer/organization contacting the Clients post download of the resume or by access to the information/data posted by the Clients.
- The Firm does not warrant that Behtarjobs.com or any of the web sites linked to Behtarjobs.com be free of any operational errors or that it will be free of any virus, worm, or other harmful component.
- The Client acknowledges that it is not the Firm’s policy to exercise editorial control over and to edit or amend any data or contents of any emails or posting or any information that may be inserted or made available or transmitted to a third party in or through Behtarjobs.com. The Firm may refuse, suspend, terminate, delete or amend any artwork, materials, information or content of any data or information or posting so as, in the sole opinion of the Firm, to comply with the legal or moral obligations as placed on the Firm and to avoid infringing a third party’s rights or any other rules, standards or codes of practices that may be applicable to the posting or Behtarjobs.com or the internet.
- It is the sole prerogative and responsibility of the Client to check the authenticity of all or any response/ inquiry received or information displayed. Behtarjobs.Com is a public site with free access and assumes no liability for the quality and genuineness of responses.
- Behtarjobs.Com neither guarantees nor offers any warranty about the credentials of the contacted parties including prospective employer / consultant / visitor / job seeker / Client and it is for the Clients to test, analyse and verify the same at their own end.
- The resume / data fed by the Client can be updated by the Client alone and is solely their liability so Behtarjobs.com is not responsible for the updated status of the information.
Use of Data
The Client hereby agrees and irrevocably authorizes the Firm to:
- Use any data and information supplied by the Client in connection with this Agreement for the Firm’s own purpose, to the Firm supplying such data and information to any other associated companies or selected third parties including search engines.
- Use any data furnished by the Client in order to float offers or send mails regarding specific services and such mails may not been proclaimed or deemed to be unsolicited communique.
- Allow all data and information supplied by the Client in using the Service to remain at Behtarjobs.com for the use of the Firm in accordance with service agreement with the Client, notwithstanding the termination or suspension of the Service to the Client herein. Unless the Client informs the Firm to delete all such data and information following the termination or suspension of the Service to the Client, such data and information remain in the Firm’s property, records and databases.
The Firm reserves the right to amend the terms and
conditions contained herein and in the Services Guide at any time upon notice
(in such form as may be determined by the Firm) to the Client.
The Terms and Conditions of this agreement will be updated from time to time and posted at Behtarjobs.com. The Client should visit the site periodically to review the Terms and Conditions. For the avoidance of doubt, the Client’s continued use of the Service constitutes an affirmation and acknowledgement of the amended terms and conditions.
Behtarjobs.Com claims proprietary rights over the content being made available as RSS feeds from Behtarjobs.Com, including the copyrights, trademarks etc. The Clients would need to provide an acknowledgement to Behtarjobs.Com in connection with use of RSS feeds obtained from the website.
Limitation of Liability
- Behtarjobs.com only offers a platform to showcase the openings and the resumes and has no role in any transaction or communications and hence shall not be liable for any loss or damage of any sort arising out of the use and/or temporary or permanent discontinuation of its services. Notwithstanding anything to the contrary contained herein, Behtarjobs.com, liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Behtarjobs.com, for the Service during the term of Membership.
- Behtarjobs.com being a public site with free access assumes no liability for the quality and genuineness of responses. Behtarjobs cannot monitor the responses received by any Client in response to the information posted by them and so displayed on the site. Client should conduct its own background checks on the bonafide nature of all response(s). Behtarjobs.com will not be liable for any inaccuracy of information on this website.
- Behtarjobs.com expressly disclaims any liability arising due to presence of any fraudulent information published on the site.
- The Client is warned against disclosure of any personal / confidential / sensitive information to any previous or current employee of the Firm. The Client would do so solely at his / her own risk and Site / Firm shall not be liable for the outcome of any such transaction of information including and not limited to damages for loss of profits or savings, business interruption, loss of information or repute.
- That there are certain free and paid features which may not be incorporated in the mobile application version though they are a part of the original website since the mobile apps are designed to be compact and light to ensure a smooth experience. Each Client hereby represents, warrants and agrees that the same shall be acceptable as a matter of fact and no requests to incorporate any such feature in the mobile app version would be initiated by the Clients.
- The Client hereby agrees to take full responsibility to research well before making using of any information on the Site. Behtarjobs.com shall not be liable for any loss or damage of any sort arising out of the use and/or temporary or permanent discontinuation of its services. Notwithstanding anything to the contrary contained herein, Behtarjobs.com, liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Behtarjobs.com, for the Service during the term of Membership.
The Clients are solely responsible for your
interactions at Behtarjobs.com and Behtarjobs.com reserves the right, but has
no obligation, to monitor disputes between Clients.
Behtarjobs.com will not be party to any legal proceedings between Client and any other registered or free Client for any transactions through the Site. Behtarjobs.com will always abide by governing / legal authorities order and cooperate fully through the process, but the costs of the same shall be recovered from the party that has implicated Behtarjobs.com in such case.
Matter of Disputes and Jurisdictional Aspects
For any kind of legal dispute related to Behtarjobs.com would be dealt in only territory of Delhi. All the legal issues are subjected only to pertinent contemporary’s laws in force at New Delhi to the jurisdiction of courts located in New Delhi only.
Governing Law and Jurisdiction
This Agreement and any dispute or matter arising from incidental use Behtarjobs.com is governed by the laws of India and the Client and the Firm hereby submit to the exclusive jurisdiction of the courts at Delhi, India. This Agreement, accepted upon use of the Site and further affirmed by becoming a Client of the Behtarjobs.com, contains the entire agreement between you and Behtarjobs.com regarding the use of the Site and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.