- Acknowledgment and Acceptance of Terms and Conditions
The terms and conditions appearing hereafter comprise the entire agreement between the User (as defined below) and AWPO (as defined below) and supersede all prior agreements between the parties regarding the subject matter contained herein. By completing the registration process and/or clicking the “I accept” button, you are indicating your agreement to be bound by all of the terms and conditions of the Company as appearing below:
- Prohibited Use
- User shall not to allow any person other than the authorized person(s) named in the application form to use the Service.
- The User shall not share the Service with any person without the prior written approval of the Company and shall use the Service only for the purpose for which is subscribed.
- The User shall 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 User shall not use the Service for any unlawful purpose including without limitation criminal purposes.
- The User shall not use the Service to send or receive any message, which is offensive on moral, religious, racial or political grounds or of an abusive, indecent, obscene, defamatory or menacing nature.
- The User shall be prohibited in persistently sending messages or make postings on www.exarmynaukri.com.in to any other User or third party who accesses the portal without reasonable cause or for causing any threat or/and harassment or/and annoyance or/and anxiety or/and any other inconvenience whatsoever caused to any person.
- The User shall be prohibited to introduce, post or transmit any information or software, which contains a virus, worm or other harmful component into the internet.
- The User shall not infringe on any intellectual property rights of any person or/and retain information in any computer system or otherwise with an intention to do so.
- The User shall give out to the company a non-exclusive, worldwide, royalty-free, irrevocable, sublicenseable (through multiple tiers) right to exercise all copyright and publicity rights, in any existing or future media, known or unknown, over the material or User Data displayed in the listings. For the purpose of this Agreement, "User Data" shall mean all information (if any) submitted by the User to AWPO with the exception of trading data, credit card numbers, checking account numbers, etc. "Individually Identifiable User Data" shall mean that subset of "User Data" which can be reasonably used to identify a specific individual such as their name, address, phone number, etc. The User Data shall be deemed to be the property of AWPO. The User shall take all reasonable efforts to ensure that it is accurate and complete and not misleading in any way.
- The User undertakes not to resell or assign his/her rights or obligations under these Terms & Conditions. User also agrees not to make any unauthorized commercial use of the Service.
- User agrees not make use of anyone else's Information other than as necessary to complete any transaction.
- The User shall not print, download, duplicate or otherwise copy, delete, vary or amend or use any data or personal information posted by any other User except such data and information which is posted by the particular User himself.
- The User shall not violate, or attempt to violate the security of AWPO or gain un-authorized access any information regarded as private by other Users or persons, including but without limitation to accessing data and information not intended for them or logging onto a server or account which the User is not authorized to access, attempting to probe, scan or test the vulnerability of a system or network or attempting to breach security or authentication.
- In the event that the User breaches any of the above mentioned covenants, the Company shall have the right to delete any material relating to the violations without prior notice to the User. The Company shall issue a warning to the User to discontinue any activity which leads to the said violations and in the event the User continues with such prohibited activity, the Company reserves the unilateral right to suspend or/and deactivate the User’s access to the Service and/or any other related facility. In addition to the right to indemnity available to the Company, the Company shall have the right to any legal remedy, against the User to recover the loss suffered by the Company and the harm caused to the reputation of the Company, due to such violation by the User.
- The Users shall avail of the site for lawful purposes alone. Transmission or/and distribution or/and storage of material or/and conduct in violation of any applicable local or/and state or/and Central or/and foreign law or/and regulation is prohibited. This includes without limitation any unauthorized use of material protected by patent or/and copyright or/and trademark or/and other intellectual property right, material that is obscene or/and defamatory or/and libelous or/and constitutes an illegal threat, or/and violates rights of privacy or publicity, or/and violates export control laws. The User may use the information on our site only to the extent necessary to facilitate related transactions.
- Unwanted and unsolicited email deteriorates performance and availability of service. All forms of SPAM, or any other activity/ies that have the effect of facilitating SPAM, are strictly prohibited.
In this Agreement the following expressions shall have the following meanings defined below:
- "Agreementâ€: Is defined as the completed application form and its attachment(s) and the terms and conditions herein and is deemed to have been executed at New Delhi.
- â€œCompanyâ€: Is defined as AWPO-Army Welfare Placement Organisation
- â€œDate of Terminationâ€: Is defined as the expiry date as mentioned in the notice or/and the letter of termination.
- â€œProduct Catalogueâ€: Is defined as the information and description of the Services for the User from time to time provided by the Company in writing.
- â€œRegistration Dataâ€: Is defined as all particulars and information of the User requested on initial application and subscription, including but without limiting to the Userâ€™s name, mailing address, email address, account and telephone number.
- â€œCommencement Dateâ€: Is defined as the date specified by the Company in its notice to the User either through email and/or conventional mail indicating the acceptance of the application by the User to the Service.
- â€User": Is defined as an individual subscriber for the Services and the signatory, whose particulars are contained in the application form and includes his successors and permitted assignees.
- â€œServicesâ€: Is defined as the services to be provided by the Company to the User at the site www.exarmymenplacement.com including the provision of facilities for the following:
- User who wishes to make of posting of resume or curriculum vitae for the purpose of seeking employment.
- User who wishes to secure recruitment through www.exarmymenplacement.com and its Internet links.
- Words mentioned as singular shall also include the plural and words importing one gender shall also include the other.
- The subscription fees for the Services shall be at the applicable rate indicated in the Product Catalogue or such other rates as may be prescribed by the Company from time to time.
- Liability for the Subscription Fees shall accrue from the Commencement Date.
- This clause shall not be applicable for individual Users who access or make postings of information at www.exarmymenplacement.com .com for the purpose of recruiting candidates.
- Where Subscription Fees are payable, it shall be payable at or within such time as is stated in the invoice(s) issued by the Company to the User.
- The User, who is liable to pay Subscription Fees, shall pay the Subscription Fees on demand even if the User disputes the same for any reason. In the event that the Company deciding the dispute in the User’s favor, the Company shall refund to the User any excess amount paid by the User free of interest.
- In the event of late payment by the User of any sums due under this Agreement, the Company shall have the right to charge interests on the outstanding amount from the due date until the date of full payment.
- The company shall reserve the exclusive right to cancel any content whatsoever from being published or reflected on its website or in any other mode. The cancellation charges payable to the User shall be at the applicable rates laid down in the cancellation and refund policy.
- Commencement of Service
- The Service shall commence on the Commencement Date.
- Hiring / employing through www.exarmymenplacement.com is available only to individuals/organisations who can form legally binding contracts under applicable law.
- Userâ€™s Obligations
- The User shall be solely responsible for the accuracy of the Registration Data given to the Company on initial application for the Service.
- The User shall be responsible for the set-up or configuration of his equipment for access to the Service.
- The User is solely responsible for obtaining, at his own cost, all licenses, permits, consents, approvals and intellectual property or other rights as may be required for using the Service.
- The User will comply with all notices or instructions given by the Company from time to time in respect of the use of the Service.
- The User shall be solely responsible for all information retrieved, stored and transmitted through the Service by him.
- The User shall solely responsible for the maintenance of confidentiality of and the User’s password and user identification and all activities and transmission performed by the User through his user identification.
- The User shall immediately notify the Company of any un-authorized use of the User’s account or any other breach of security known to the User.
- The User shall where Subscription Fees are payable, to pay the same promptly as required by the Company from time to time.
- The company in its sole discretion shall reserve the right to edit, modify and alter the content. User agrees that his resume details placed on the site www.exarmymenplacement.com shall be reflected after 48 hours of his payment and documentation being received and approved by AWPO.
- User understands and agrees that User is responsible for all applicable taxes and for all costs that are incurred in using the service offered on www.exarmymenplacement.com .
- The user will indemnify the company for any action or claim committed/made by any third party resulting from any information posted on the site by the user or/and anybody else on his behalf.
- Security and other features
Maintenance of Service
- The User shall take all such measures as may be necessary (including but without limiting to changing his password from time to time) to protect the secrecy of his user Identification and/or password and shall not reveal the same to any other person(s).
- Since a user identification is necessary to access the Service; the User shall use only his own user Identification.
- It is agreed by the User that he acquires no rights to any mailbox number or/and the user identification or/and circuit reference or/and any codes assigned to him by the Company. The User further agrees that except as otherwise proved herein, the Company reserves the right to change or/and re-assign the same to the User at its sole discretion without being liable to the User for any kind of damages or/and relief or/and any other consequence/s.
- In the event of theft or/and loss of user identification or/and password or/and security word, the User shall notify the Company immediately by telephone or/and personally concurrently provide the Company with a written notice to that effect. The User shall remain liable for use of the Services by any third party until such theft or loss is notified to the Company.
- The password and username being made available to the customer shall be used only by the organization named by the customer and the employee of the organization. The User shall take all necessary pre-cautions to prevent un-authorized access or/and leakage of username or/and password being provided by the Company to him.
- The user shall not use any software to automatically download or/and extract either a complete or/and partial resume from www.exarmymenplacement.com database without prior consent from AWPO in writing.
The Company may at its sole discretion and without assigning any reason whatsoever at any time deactivate or/and suspend the User’s access to www.exarmymenplacement.com and/or the Services (as the case may be) without notice to carry out system maintenance or/and upgrading or/and testing or/and repairs or/and other related work. Without prejudice to any other provisions of this Agreement, the Company shall not be liable for any loss or/and damage or/and costs or/and expense that the User may suffer or incur, and no fees or/and charges payable by the User to the Company shall be deducted or refunded or rebated, as a result of such deactivation or/and suspension.
Termination of Service
Liabilities for Subscription Fees upon termination
- Either party to this agreement may terminate this Agreement by giving prior notice of 30 days in writing.
- The Company may in its sole discretion waive or accept in writing a shorter period of notice from the User than that referred in point 1 of this clause XI.
- Notwithstanding point 1 of this clause, the Company may terminate this Agreement with immediate effect, without prior notice to the User and without assigning any reason/s whatsoever and further without any prejudice to any/all other rights.
(a) if in the opinion of the Company, the User has breached any of the terms and conditions of this agreement or/and,
(b) if, in the opinion of the Company or/and any regulatory authority, it is not in the public interest to continue providing the Service to the User for any reason or/and,
(c)if the User is declared a bankrupt or/and the User enters into any compromise or arrangement with its creditors.
Suspension of Service
- In the event of termination of this Agreement pursuant to clause XI without prejudice to any other remedies available to the Company, where Subscription Fees are payable, the User shall be liable for Subscription Fees until the Date of Termination.
- The above amounts payable by the User upon termination shall be payable within 30 days of the relevant Date of Termination.
Modification to Service, Terms & Conditions
- Without prejudice to any other rights or remedies of the Company, the Company may suspend the Service provided by the Company in the event that any monies payable by the User are not paid on the due date.
- Upon suspension, the Service shall be deemed to be terminated from the date stipulated by the Company and the User shall be liable for all charges and fees incurred up that date.
- Upon subsequent payment by the User of such sums as demanded by the Company, the Company may at its sole discretion and subject to such terms as it deems proper, reconnect the Service.
Violation of Terms & Conditions
- The Company reserves the right to add or/and change or/and delete or/and end our service at anytime with or without notice to the User. Save for paid service, a pro-rated refund shall be effected for the remaining unused period.
- The Company shall not be liable to the User or any third party should the Company exercise its right to modify or discontinue the Service.
If AWPO, in its sole discretion, determines that a violation of the Terms & Conditions has occurred, AWPO may pursue any of its legal remedies, including but not limited to the immediate deletion of any offending material from its site or/and cancellation of your account and/or the exclusion of any person(s) who may have violated any Terms & Conditions. AWPO could also pursue violators with claims that they have violated various criminal and/or civil law provisions as applicable under the relevant Acts/Rules, etc of the land. AWPO will cooperate with any investigation by any Central or/and State or/and local body or/and any court or/and tribunal having the competence to carry out the same. Such cooperation may be without notice to the User. If AWPO believes in its sole discretion that any advertisement or/and services may create liability for AWPO, AWPO may take any actions that it believes are prudent or necessary to minimize or/and eliminate its potential liability, including but not limited to, the release of User information. In sum, AWPO reserves the right to refuse service to anyone at any time, or/and to remove any listings or/and any advertisements for any reason, and without notice.
Limitation Of Liability
- User agrees that neither AWPO nor any of its providers of information shall be liable for any direct or/and indirect or/and incidental or/and special or/and consequential or/and exemplary damages, resulting from the use or/and the inability to use the service or/and for cost of procurement of substitute goods or/and services or resulting from any goods or/and data or/and information or/and services purchased or/and obtained or/and messages received or/and transactions entered into through or/and from the service or/and resulting from unauthorized access to or/and alteration of user's transmissions or/and data or/and arising from any other matter relating to the service, including but not limited to, damages for loss of profits or/and use or/and data or other intangible, even if AWPO has been advised of the possibility of such damages. User further agrees that AWPO shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to direct or/and indirect or/and incidental or/and special consequential or/and exemplary damages, whether such interruption or/and suspension or/and termination was justified or not, negligent or intentional, inadvertent or advertent. User agrees that AWPO shall not be responsible or liable to user, or anyone, for the statements or conduct of any third party of the service. In sum, in no event shall AWPO 's total liability to the User for all damages or/and losses or/and causes of action exceed the amount paid by the User to AWPO, if any, that is related to the cause of action.
- The Company takes