Terms and conditions

GigJobs India Private Limited (hereafter referred to as "GigJobs" or the "Company") is created as a platform, where freelancers and clients connect in order to conduct business. These Terms and Conditions for Website Use tells you about the terms on which you may use our website [*] (“Site”), whether as registered user or guest. By using the Site, you accept these Terms and Conditions and agree to obey them. If you don't accept them, please don't use the site. We may amend these Terms from time to time and you should check the Terms each time you use the Site. The Site may contain links to third party websites, these links are provided solely as convenience to You and the presence of these links should not under any circumstances be considered as an endorsement of the contents of the same, if You chose to access these websites you do so at your own risk.

Communications

By creating an Account on our Site, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at support@gigjobs.info

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. User means the person accessing/visiting/subscribing the Platform for the purposes of securing job or hiring eligible candidate. When using this platform, you are obliged to give only accurate and correct information and to maintain information up to date at all times when establishing a profile. Gigjobs India Pvt. Ltd will not be responsible because the information included on this website is inaccurate. It is the visitor's duty to further investigate the material on the site. Gigjobs India Pvt. Ltd. is not responsible for any violation of privacy or information supplied by the consumer to be put on the site by means of technological or other methods. Gigjobs India Pvt. Ltd. Gigjobs India Pvt. Ltd. does not guarantee confidentiality of the information supplied by any individual that acquires/uses all/info shown in or from the Gigjobs India Pvt. Ltd website or any of Gigjobs India Pvt. Ltd's other websites / domains.
Without consent except as our clients, Gigjobs India Pvt. Ltd. does not disclose any personal data of any individual or corporate with any businesses/entities. Gigjobs India Pvt. Ltd. shares any information it possesses as a result of legal proceedings, such as a court order or summons. The user shall not use Gigjobs services in any way in order to damage the interests and operation of Gigjobs. Unless expressly allowed Gigjobs in that respect, the user agrees not to reproduce, download, alter and distribute content on Gigjobs.
For its own objectives, the user agrees to utilize Gigjobs. It is absolutely forbidden to use material from Gigjobs for derivatives works for commercial reasons without the prior written permission of Gigjobs.
Users agree that the services provided by shall not be used to upload, send, transmit, or otherwise make any requested bulk or unsolicited commercial e-mail accessible directly or indirectly. Reserves the right to filter, monitor and prohibit emails sent by the user using e-mail servers. All efforts must be taken by and the user to follow International Best Practices for Spam Containment and Disposal.
Users may not spam on the platform managed by /Gigjobs or post jobs and send mail indiscriminately and frequently, etc. Any behaviour of the User in breach of this paragraph will entitle Gigjobs to immediately stop all services to the User and to forfeit any monies paid by the User.
The user shall not upload, post, transmit, publish, or distribute any material or information that is unlawful, or which may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or racially, ethnically, or otherwise objectionable.
The user explicitly declares that the user's resume, insert, or provide the information/data in the network is accurate in all aspects and does not include any incorrect, misrepresented, deformed, fraudulent, or misleading facts or warnings. Gigjobs India Pvt. Ltd disclaims any responsibility for the insertion/information/data of such resume into the user's Gigjobs India Pvt. Ltd network. Furthermore, the User undertakes to indemnify Gigjobs India Pvt. Ltd. for any losses of any wrong, distortioned, manipulated, libelous, vulgar, obscene, fraudulent and misleading information or otherwise objectionable averments made by the user on the Site. 3
User is solely responsible for keeping the User Password and User Identification confidential and all activity and transmission carried out by the User using his or her User ID and is solely responsible for any on-line or off-line transaction involving credit card and Debit Cards or other forms of instrument or documents for making such transactions and
The user to [Site link] and/or its affiliated websites agree hereby specifically that, while they evaluate or feed any curriculum or information in the Site, they shall comply at all times with the requirements of the Act of Information Technology 2000 as well as the rules, regulations, guidelines, bye law or notifications made thereon The user to [website] and/or its affiliated websites further unambiguously declares that he is liable for all actions, acts and acts and actions of the user and that he is solely liable for civil and/or non-civil information technology in the event he violates the provisions of the Information Technology Act 2000 and/or the rules or rules, directives, by stander ships and notifications made on them.

The User Represents Warrants and Covenants that its use of site:

You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service: a. In any way that violates any applicable national or international law or regulation. b. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise. c. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation. d. To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity. e. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity. f. To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability. g. Additionally, you agree not to: i. Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party's use of Service, including their ability to engage in real time activities through Service. ii. Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service. iii. Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent. iv. Use any device, software, or routine that interferes with the proper working of Service. v. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful. vi. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service. vii. Attack Service via a denial-of-service attack or a distributed denial-ofservice attack. viii. Take any action that may damage or falsify Company rating. ix. Otherwise attempt to interfere with the proper working of Service

No Use by Minors

Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using any of Company, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.
The user shall not infringe on any intellectual property rights of any person / entity or retain information/download any information from any computer system or otherwise with an intention to do so.
Gigjobs India Pvt. Ltd. will make best efforts to do so but does not warrant that any of the web sites or any affiliate site(s) or network system linked to it is free of any operational errors nor does it warrant that it will be free of any virus, computer contaminant, worm, or other harmful components. The subscription of a user shall be subject to Quotas as applicable and as advised. E-Mails provided as part of contact details are expected to be genuine and access to such email accounts is available to authorised personnel only.
Gigjobs India Pvt. Ltd. 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.
Payments for the services offered by Gigjobs shall be on a 100% advance basis. Refund if any will be at the sole discretion of Gigjobs. Gigjobs offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Customers card/bank accounts. Gigjobs gives no guarantees of server uptime or applications working properly. All is on a best effort basis and liability is limited to refund of amount only. Gigjobs undertakes no liability for free services. Gigjobs reserves its right to amend/alter or change all or any disclaimers or terms of agreements at any time without any prior notice. All terms/disclaimers whether specifically mentioned or not shall be deemed to be included if any reference is made to them.
Unless otherwise specified and notwithstanding anything contained in any other agreement or arrangement, by whatever name called, the performance obligation of Gigjobs (service provider) is to provide access of its online portal to the customer for the duration of the subscription period & reference to any usage, by whatever 5 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 Gigjobs.
Freelancers and Clients acknowledges and agrees that Gigjobs India Pvt. Ltd. at its sole discretion and without prejudice to other rights and remedies that it may have under the applicable laws, shall be entitled to set off the amount paid or payable by a user against any amount(s) payable by Subscriber/user to Gigjobs under any other agreement or commercial relationship towards other products/services.
Gigjobs India Pvt. Ltd. further reserves its right to post the data on the website [*] or on such other affiliated sites and publications as Gigjobs India Pvt. Ltd. may deem fit and proper at no extra cost to the subscriber/user.
Any agreement for a usage entered into by Gigjobs does not confer exclusivity of service on any user.
Gigjobs India Ltd will not be party to any legal proceedings between a user (e.g. a subscriber) and a party contracted through the site. In case Gigjobs India Pvt. Ltd. is implicated in any legal proceedings, costs will be recovered from the party that names Gigjobs India Pvt. Ltd. Gigjobs however will abide with any court order served on it through due process. Gigjobs controls and operates this Platform from its headquarters in Noida and makes no representation that the materials on [website] are appropriate or available for use in other locations. If you use this Website from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries.
In case a person using the world wide web/internet receives a spam or virus which includes a link to [website] or to any other site maintained, operated or owned by Gigjobs, it should not be held responsible for the same. Gigjobs assumes no responsibility for such mails.
The services provided by the websites maintained, operated or owned by Gigjobs do not extend to acting as an agent (express or implied) on behalf of any subscriber or user.
Gigjobs has no agents and does not operate through any agents save for those specifically mentioned on the home page of the website.
This Agreement shall be subject to all the laws, rules, regulations and such other statutory enactment or amendment or modification or any approval of the Government of India that is in force from time to time.
In no event shall the Company be individually liable to the users for any damages for the breach of fiduciary duty by third parties, unless the Company’s act or failure to act involves intentional misconduct, fraud, or a knowing violation of the law. 6
Notwithstanding anything written herein to the contrary, the users and the Company acknowledge and agree that the Company will not be liable for any losses or damages, whether indirect, incidental, special, or consequential, in profits, goods or services, irrespective of whether or not the users has been advised or otherwise might have anticipated the possibility of such loss or damage.
Each party shall indemnify the other party against all liabilities, costs, expenses, damages, and losses suffered or incurred by the other party arising out of or in connection with any death, personal injury or damage to property arising out of, or in connection with the acts or omissions of the first party, its employees, agents or subcontractors.
This Agreement may be supplemented, amended, or modified only by the Company at any time. Your continued use of the website or any services after the posting of any amended Clause of this Agreement shall constitute your agreement to be bound by any such changes. The Company shall not be liable to any user or any third party should Gigjobs exercise its right to modify or discontinue service
In case of any dispute arising between the parties. The parties shall first attempt to resolve any dispute arising out of or in connection with the Company by negotiation. If the parties are unable to resolve such a dispute within thirty (30) days of commencing negotiations, such a dispute may, upon the application of either party, be referred to and finally resolved by arbitration under the Indian Arbitration and Conciliation Act, 1996 The seat, or legal place, of the arbitration shall be [*]. The language to be used in the arbitration shall be English.
The Terms and Conditions mentioned above regulate the usage of [website]. Any person using [website] in violation of the stipulations contained in the Terms and Conditions of [website] shall render himself/herself liable to appropriate action in a court of law both civil and criminal. These Terms and Conditions shall be governed by the laws of India. The exclusive forum for any disputes arising out of or relating to these Terms & Conditions shall be a court of law located in Hyderabad, India. The user of [website] is subject to the Privacy Policy available through this link [*]. In case of non-compliance of these Terms and Conditions or Privacy Policy, Gigjobs may terminate usage rights and take down any offending information that might have been uploaded by such user