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www.unihyr.com is owned and operated by UHYR Labs, a private limited company incorporated under the Companies Act, 1956, having its registered address at Unit No. 502, Fifth Floor, Tower A, Spaze ITech Park, Sector 49, Sohna Road, Gurgaon 122001 (Haryana), India
You are advised to read and understand these Terms carefully as moving past the home page, or using any of the services shall be taken to mean that you have read and agreed to all of the policies, which constitute a legally binding agreement between you and the website. These terms are to be read along with the Privacy Policy and any other policies on the website.
In terms of Information Technology statutes, this document is an electronic record, under the laws of India. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the Website.
For the purpose of these Terms of Use, along with any amendments to the same, and wherever the context so requires Consultant shall mean any natural or legal person who provides professional advises to the Employers on hiring Employees or any person, agency, organisation who help the Employers in hiring employees. The Term âYouâ shall mean any person, using the Website. The term âEmployersâ shall mean a person, organisation or institute looking to hire employees. The Website also provides certain services without registration/acceptance, and such provision of services does not absolve you of this contractual relationship.
The term "We", "Us", "Our" shall mean the Company. âAgreementâ shall mean and refer to this Terms of Service, including any amendments that may be incorporated into it. âServicesâ shall mean and refer to the services offered by the Company and the Website. âThird Partyâ shall mean and refer to any individual(s), company or entity apart from the Consultant and the Company.
The headings of each section in this Agreement are only for the purpose of organising the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained under them in any manner. Further, the headings have no legal or contractual value.
By using the Website, You accept and agree to be bound by this Agreement, the Privacy Policy, as well as rules, guidelines, policies, terms, and conditions applicable to any service that is provided by this Website, that shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. Your use of Our Website is evidence that you have read and agreed to be contractually bound by these Terms of Service and our Privacy Policy. Please read both carefully. The use of this Website by You is governed by this policy and any policy so mentioned by terms of reference. If you do not agree with any of these terms, please discontinue using the Website.
We hold the sole right to modify the Terms of Service without prior permission from You or providing notice to You. The relationship creates on You a duty to periodically check the Terms of Service and stay updated on its requirements. If You continue to use the Website or avail any of its services without registration following such change, this is deemed as consent by You to the so amended policies. Your continued use of the Website is conditioned upon Your compliance with the Terms of Service, including but not limited to compliance with the Terms of Service even after alterations, if any.
The Website is not a service provider. The Website acts as an intermediary between the Employers looking to hire and Consultants who can help in the recruitment process. The Website offers the following services to the Employers:
Registration on the Website is essential for availing the services provided therein. A registered Employer or Consultant can log in to the Website check the status of their application made under the various categories of Our Services. For a specific position, We will collect information related to the new vacancy in Your organization. These may include â job descriptions, possible compensation range, location, designation.
For a specific candidate, profile of whom a Consultant wants to upload, we may collect details of his current job, salary, location, contact details, references, etc. For the purpose of registration, we may collect the following from the Employers â organization name, industry of organization, number of employers, addresses and other basic details.
For the purpose of registration, we may collect the following from the Consultants â organization name, industry of organization, number of employers, addresses, years of existence, type of firm (proprietor/partner/LLP/private limited) and other basic details.
You must keep your account and registration details current and correct. Membership of this website is available only to those above the age of 18 years. Barring those âIncompetent to Contractâ which inter alia include insolvents. If You are a minor and wish to use the Website, You may do so through Your legal guardian and Us. We reserve the right to terminate Your account on knowledge of You being a minor and having registered on the Website or availing any of its services.
All information provided by the Employer and Consultant are self-declared and not verified by the Company. Further, at any time during Your use of this Website, including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your username and password, and any activity under the account shall be deemed to have been done by You. In the case that You provide Us with false and/or inaccurate details or We have reason to believe You have done so, We hold the right to permanently suspend Your account.
The Website does not provide any employment of its own. It is just an intermediary, bridging the gap between the Consultants and the Employers. The Website does not represent or recommend any Employer or Consultant. The Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties. You acknowledge that the Company has no relationship with you other than to providing you with this service. At no time shall the Company have any right, title or interest to any application/filing done by you. The Company does not have any control over the quality, failure to provide or any other aspect whatsoever of the application/ filing made and is not responsible for damages or delays.
These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until the Employer or Consultant continues to access and use the Website.
You may terminate your use of the Service at any time by ceasing to use the Service. We may terminate these Terms and close your account at any time without notice, if we cease to provide the Services. We may suspend or terminate your use of and access to the Website at any time and for any reason, in our sole discretion. Such suspension or termination shall not limit our right to take any other action against you that we consider appropriate.
Transactions on the Website are secure and protected. Any information entered by the Employer or Consultant when transacting on the Website is encrypted to protect the Employer or Consultant against unintentional disclosure to third parties. The Employer or Consultantâs credit and debit card information is not received, stored by or retained by the Company / Website in any manner.
The membership of this Website is free and this only includes the browsing of the site and usage of features post registration. Once the Employer appoints a candidate, he is required to pay a commission to the Website which is agreed upon by the Employer. The Website on receiving the commission from the Employer, would pay the Consultant after deducting its commission. However, we reserve the right to amend the charges for the services rendered. In such a case, you will be intimated of the same, and it will be up to you to decide whether or not you will continue with services offered by us. Such changes are effective as soon as they are posted on the Website.
By using this Website, it is deemed that you have consented to receiving telephonic calls, SMSs and/or emails from us at any time we deem fit. We shall reach out to communicate with you and enhance your experience while using the Website. From time to time, the Company may display server advertisements within the Website and also during the use of the Website. These advertisements shall also inform you about the new products and services released by us. Such communications by us is for purposes that inter alia include clarification calls, marketing calls and promotional calls. These communications shall be sent to you on the telephone number and/or email address provided by you for the use of this Website which are subject to our Privacy Policy. In case you wish to stop receiving notifications from us with regard to marketing and promotional calls with regard to any communication received from Us, You are required to send an email toadmin@unihyr.com.
All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered on the Site or otherwise disclosed, submitted or offered in connection with use of the Site (collectively, the Comments) shall be and remain the property of the Company. Such disclosure, submission or offer of any Comments shall constitute an assignment to the Company of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, the Company shall exclusively own all such rights, titles and interests in the Comments and shall not be limited in any way in its use, commercial or otherwise.
The Company will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from any Comments, and publish, display and distribute any Comments submitted for any purpose whatsoever without restriction and without compensating the user in any way. The Company is and shall be under no obligation to: (i) maintain any Comments in confidence; or (ii) pay compensation for any Comments; or (iii) respond to any Comments. You agree that any Comments submitted by you on the Site will not violate the Terms of Use or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you on the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mails or any form of âspamâ. The Company does reserve the right (but assumes no obligation) to monitor, edit and/or remove any Comments submitted on the Site. You hereby grant the Company the right to use names that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are, and shall remain, responsible for the content of any Comments you make and you agree to indemnify the Company and its affiliates against all claims, loss and liabilities resulting from any Comments you submit. Further, any reliance placed on Comments available on the Site from a third party shall be at your sole risk and expense.
All information, content, services and software displayed on, transmitted through, or used in connection with the Website, (hereinafter referred to as the "Content"), as well as its selection and arrangement, is owned by Us. You may use the Content only through the Website, and solely for your personal, non-commercial use.
You may not, republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not modify copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Website, not to insert any code or product or manipulate the content of the Website in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method.
The Website can be used in all countries worldwide. We make no representation that the content available through our Website is appropriate or available for all countries. If You access or use the Website in any countries where the Website is prohibited, You are solely responsible for compliance with necessary laws and regulations for use of the Website.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
THE WEBSITE, SERVICES AND OTHER MATERIALS ARE PROVIDED BY THIS WEBSITE IS ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WEBSITE MAKES NO WARRANTY THAT
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THIS WEBSITE/COMPANY INCLUDING BUT NOT LIMITED TO ITS AFFILIATE VENDORS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, CLAIMS, DAMAGES, DEMANDS, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND DISBURSEMENTS IN CONNECTION THEREWITH AND INTEREST CHARGEABLE THEREON) ASSERTED AGAINST OR INCURRED BY US THAT ARISE OUT OF, RESULT FROM, OR MAY BE PAYABLE BY VIRTUE OF, ANY BREACH OR NON-PERFORMANCE OF ANY REPRESENTATION, WARRANTY, COVENANT OR AGREEMENT MADE OR OBLIGATION TO BE PERFORMED BY YOU PURSUANT TO THESE TERMS OF SERVICE. FURTHER, YOU AGREE TO HOLD US HARMLESS AGAINST ANY CLAIMS MADE BY ANY THIRD PARTY DUE TO, OR ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF THE WEBSITE, ANY CLAIM THAT YOUR MATERIAL CAUSED DAMAGE TO A THIRD PARTY, YOUR VIOLATION OF THE TERMS OF SERVICE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS.
IN NO EVENT SHALL THE WEBSITE, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU, THE VENODOR OR THE USER OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE, SERVICES OR MATERIALS.
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.
Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus within two proposed mediators, the sole proprietorship reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties.
Stage 2: Arbitration. If the dispute is not settled by mediation, it shall be referred to and finally resolved by arbitration, which shall be governed by the law, rules and regulations of New Delhi, India. The Arbitral award is binding on both parties. The Arbitration Board shall comprise three members â one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at New Delhi. The proceedings of arbitration shall be in the English language. The arbitratorâs award shall be final and binding on the Parties.
The exclusive jurisdiction and venue for actions and disputes mentioned above shall be the courts located in New Delhi, India and you hereby submit to the personal jurisdiction of such courts.
We encourage you to read the Privacy Policy and to use the information it contains to make informed decisions regarding your personal information. Please also note that certain information, statements, data and content (such as but not limited to videos) which you provide on the Website are likely to reveal your gender, ethnic origin, nationality, age, and/or other personal information about you. You acknowledge and agree that your submission of such information is voluntary on your part. Further, you acknowledge, consent and agree that we may access, preserve, and disclose information you provide to us at any stage during your use of the Website. Disclosures of information to Third Parties are further addressed in Our Privacy Policy.
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User reducing the same to writing, and sending the same to the registered office of the Company by Registered Post, or the email address
admin@unihyr.com.
Entire Agreement: This Agreement is the complete and exclusive statement of the agreements between You and Us with respect to the subject matter hereof and supersedes all other communications or representations or agreements (whether oral, written or otherwise) relating thereto.
Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party's right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.
Liability: The Mobile App and the Companyshall not be liable in any way for User Content, including, but not limited to, any errors or omissions contained therein, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Service or broadcast elsewhere.
Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such a case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.
If you have any questions about this Agreement, the practices of the Website, or your experience with the Service, you can e-mail us at
admin@unihyr.com.