Tuesday, 11 December 2012

Terms & Conditions

Terms & Conditions
Welcome to MyNaukriIndia.com, India's Unique Job Portal, providing value added paid services to employers and Job seekers as well. 
In order to use the services provided by MyNaukriIndia.com, you must register as a member of MyNaukriIndia.Com and agree to be bound by these Terms of Use and SECURITY ADVISE. This Agreement (Terms of Use) sets out the legally binding terms for your membership. This Agreement is subject to modifications without any prior notice.
Please Note - There is not job guarantee for job seekers, please refer 
SECURITY ADVISE for details.
Premium Job seekers Package is vaid for 3months only. Data of paid members will not be available after 3 months in the website and also in backend.

The following expressions shall have the following meanings in the Agreement defined below:
AGREEMENT: is defined as the completed registration form and its requisite attachment(s) and the terms and conditions herein and is deemed to be have executed at Ludhiana.

COMPANY: is defined as the completed registration form and its requisite attachment(s) and the terms and conditions herein and is deemed to be have executed at Ludhiana.

DATE OF ACTIVATION: is defined as the date specified by the MyNaukriIndia in its notice to the User either through email indicating the approval to the User's registration and permission to access the Service.

EXPIRY DATE: is defined as the expiry date of the notice of termination of the services.

MEMBER: is defined as an individual or corporate subscriber for any of the Services and the signatory, whose details are contained in the application form, and includes his successors and permitted assignees.

MYNAUKRIINDIA.COM: is defined as the Internet web site of the Company at www.MyNaukriIndia.com

SERVICES: is defined as the services to be provided by the Company to the User at MyNaukriIndia.com including the provision of facilities for the following:
  • A Member who wishes to reach a job seeker.
  • A Member who wishes to hire a job seeker through MyNaukriIndia.com.
  • A Member who wishes to advertise at MyNaukriIndia.com.
  • Member who wishes to receive advertisements, newsletters and promotional messages on www.mynaukriindia.com and through emails.

SUBSCRIPTION FEES: is defined as the payment that has to be made to MyNaukriIndia.com to access the services.

REGISTRATION DATA: is defined as all the information and particulars of the Member requested on initial application and subscription, including but without limiting to the Member'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.

The subscription rates for the Services shall be at the price indicated in the Rate Card or the Company may prescribe such other rates from time to time.
Liability for the Subscription Fees shall accrue from the Date of Activation.

The Member, who is liable to pay Subscription Fees, shall pay it on demand even if the Member disputes the same for any reason. In the event that the Company deciding the dispute to be in the Member's favor, the Company shall refund to the Member any excess amount paid by the Member free of interest.
In the event of late payment by the Member of any sums due under this Agreement, the membership and the services would stand terminated.

Disclaimer : All payments for services at MyNaukriIndia.Com have to be made in favour of "MY NAUKRI INDIA.com" only. We have not authorized any individual or organization to collect payments in any other name (i.e. any other individual or organization name) for any services rendered by MyNaukriIndia.Com You are informed that under no circumstances will MyNaukriIndia.Com be liable for any damage caused in your business transaction to such fraudulent individuals or organizations. 

Commencement of Service
The Service shall commence on the Date of Activation after we have received the necessary payment.

Member's Obligations
  • The Member is solely responsible for the accuracy of the Registration Data given to the Company in the application for membership in order to use the Service.
  • The Member is responsible for the set-up or configuration of all the necessary equipment required to access the Service.
  • The Member will comply with all notices or instructions given by the Company from time to time in respect of the use of the Service.
  • The Member shall be solely responsible for all information retrieved, stored and transmitted through the Service by him.
  • The Member is solely responsible for the maintenance of confidentiality of the login information.
  • This would include the Member's password and Member Username and all activities and transmission performed by the Member at MyNaukriIndia.com.
  • The Member will immediately notify the Company of any unauthorized use of the Member's account or any other breach of security known to the Member.
  • The Member will pay promptly the Subscription Fees as required by the Company from time to time.
  • The Member will take all such measures as may be necessary (including without limitation changing his password from time to time) to protect the secrecy.

Proprietary Rights in Content on MyNaukriIndia
MyNaukriIndia.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 MyNaukriIndia.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.

Prohibited Use
  • The Member will not allow any person other than the authorized person(s) named in the application form to use the Service.
  • The Member shall use the Service only for the purpose for which it is subscribed.
  • The Member 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 Member shall not to use the Service for any unlawful purpose including without limitation criminal purposes.
  • The Member 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 Member shall be prohibited in persistently sending messages or make postings on MyNaukriIndia.com to any other Member or third party who access MyNaukriIndia.com without reasonable cause or for causing any peril, harassment, annoyance, irritation, or anxiety to any person.
  • The Member is prohibited to introduce, post or transmit any information or software, which contains a virus, worm or other harmful component into the Internet or PlacementIndia.com network system.
  • The Member will not breach on any intellectual property rights of any person or retain information in any computer system or otherwise with such intention.
In the event of a violation of any of the above mentioned covenants by the Member, and same comes to the Company's knowledge, the Company shall have the right to delete any material relating to the violations without prior notice to the Member. The Company shall issue a warning to the Member to discontinue any activity, which leads to the said violations, and in the event the Member continues with such activity, the Company has the sole authority to terminate or suspend the membership at MyNaukriIndia.com 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 Member to recover the loss suffered by the Company and the harm caused to the goodwill of the Company, due to such violation by the Member.

Copyright Policy
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 MyNaukriIndia.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. MyNaukriIndia.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.

Maintenance of Service
The Company may at any time deactivate or suspend the Member's access to MyNaukriIndia.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 Company shall not be liable for any loss and damage, costs and expense that the Member may suffer or incur, and no fees or charges payable by the Member to the Company shall be deducted, refunded or rebated, as a result of such deactivation or suspension.

Modification to Service
The Company reserves the right to modify or discontinue the Service with or without notice to the Member. Same for paid service, a pro-rated refund shall be effected for the remaining unused period.
The Company shall not be liable to the Member or any third party should the Company exercise its right to modify or discontinue the Service.

Suspension of Service
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 dues payable by the Member are not paid.
Upon suspension, the Service shall be deemed to be terminated from the date stipulated by the Company and the Member shall be liable for all charges and fees incurred until that date.
Upon subsequent payment by the Member of the requisite payment as per the Company's demands, the Company may at its sole discretion and subject to such terms as it deems proper, reconnect the Service.
MyNaukriIndia reserves the right to block the job posted by the Member 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 Member 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 Company may terminate this Agreement with immediate effect, without prior notice to the Member and without further prejudice to all other rights:
  • If in the opinion of the Company, the Member has breached any of the terms or conditions of this agreement.
  • If in the opinion of the Company or any regulatory authority, it is not in the public interest to continue providing the Service to the Member for any reason.
  • If the Member is declared bankrupt or the Member enters into any compromise or arrangement with its creditors.

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";
  • 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 users;
MyNaukriIndia 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.

  • The Company 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 Member shall be solely responsible, and the Company 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 Company 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 MyNaukriIndia.com.
  • The Company's liability under this Agreement shall not in any event exceed the total amount of fees and charges paid by the Member to the Company for the period immediately preceding two (2) months prior to the incident that has resulted in the relevant claim.
  • The Company shall not be liable for any loss or damages sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the Member's account and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed.
  • The Company does not warrant that MyNaukriIndia.com or any of the web sites linked to MyNaukriIndia.com be free of any operational errors or that it will be free of any virus, worm, or other harmful component.
  • The Member acknowledges that it is not the Company'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 MyNaukriIndia.com. The Company 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 Company, to comply with the legal or moral obligations as placed on the Company 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 MyNaukriIndia.com or the internet.

Use of Data
The Member hereby agrees and irrevocably authorizes the Company to:
Use any data and information supplied by the Member in connection with this Agreement for the Company's own purpose, to the company supplying such data and information to any other associated companies or selected third parties including search engines.
Use any data furnished by the Member 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 Member in using the Service to remain at MyNaukriIndia.com for the use of the Company in accordance with service agreement with the Member, notwithstanding the termination or suspension of the Service to the Member herein. Unless the Member informs the Company to delete all such data and information following the termination or suspension of the Service to the Member, such data and information remain in the Company's property, records and databases.

You agree to indemnify and hold MyNaukriIndia.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above.

Both parties hereby agree not to divulge nor communicate to any person (other than those whose province it is to know the same) nor use or exploit for any purpose whatsoever (other than that contemplated in this Agreement) any confidential information which may or may have come to his knowledge by reason of or in connection with this Agreement. Both parties hereby agree also agree that they shall use all reasonable efforts to prevent their employees, officers, agents and consultants from so acting, except where the prior written consent of the other party is obtained or where required to be disclosed pursuant to any applicable law or legal process issued by any court or the rules of any relevant regulatory body.

The Company maintains a policy of strict confidentiality of all data and information submitted by the Member and the Company shall not release such data and information to any persons without the prior consent of the Member.

The Member is entitled to access to his own data and information stored in the database at MyNaukriIndia.com (subject to prior confirmation of identity) and may edit or amend such data and information at any time.

Members 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 MyNaukriIndia.com.

The copyright, know how or any other related intellectual property to the Service or MyNaukriIndia.com shall be the sole and exclusive property of the Company. In the event the Member has contributed any content to MyNaukriIndia.com in any manner whatsoever, the intellectual property of the same shall stand automatically assigned to the Company and the Member shall have no right or claim over the same. In the event the Member 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 Company and the Company shall have the right to legal recourse in this regard.

The Company 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 Company) to the Member.
The Terms and Conditions of this agreement will be updated from time to time and posted at MyNaukriIndia.com. The Member should visit the site periodically to review the Terms and Conditions. For the avoidance of doubt, the Member's continued use of the Service constitutes an affirmation and acknowledgement of the amended terms and conditions.

Member Disputes
You are solely responsible for your interactions at MyNaukriIndia.com and MyNaukriIndia.com reserves the right, but has no obligation, to monitor disputes between you and other Members.

Our Privacy Policy governs use of the MyNaukriIndia.com site and services.

In case of any dispute, you agree by using the site that MyNaukriIndia.com would consider and intend to be subject only to the applicable laws in force for the time being at Ludhiana and to the jurisdiction of courts located in Ludhiana alone.

Limitation of Liability
MyNaukriIndia.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, MyNaukriIndia.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 MyNaukriIndia.com, for the Service during the term of membership.

Governing Law and Jurisdiction
This Agreement and any dispute or matter arising from incidental use MyNaukriIndia.com is governed by the laws of India and the Member and the Company hereby submit to the exclusive jurisdiction of the courts at Ludhiana, India.
This Agreement, accepted upon use of the Site and further affirmed by becoming a Member of the MyNaukriIndia.com service, contains the entire agreement between you and MyNaukriIndia.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.

Friday, 2 November 2012

MyNaukriIndia.com Security Advice

MyNaukriIndia.com is a platform that brings together Jobseekers and Employers. We are neither a recruitment firm nor do we act as labor consultants to, or employment partners of, any employer. The portal is used by numerous corporate, placement companies, and recruitment firms. The usage of our site is bound by a set of terms and conditions that the employers as well as job seekers must agree and adhere to. One of the primary objectives of these Terms and Conditions is to discourage and prevent misuse and fraud. 

Regrettably, sometimes, false job postings are listed online, and non-existing job offers are sent via email to illegally collect personal information and/or money from unsuspecting job seekers. To tackle such cases, we need your help to remain vigilant every day - when we receive complaints from jobseekers about fraudulent or suspicious emails, we promptly notify the concerned employer and, if necessary, block them from using our services. 

We encourage you to be wary of emails that
  • ask your personal, non-work related information such as Credit Card numbers or Bank information over phone or email
  • do not provide valid contact information
  • ask for monetary transactions, money-transfers, or payment for any employment/recruitment related purpose
  • promise emigration and ask for money to process visa, etc
Before you respond to such emails, we suggest you to do a discreet enquiry and be sure to verify the legitimacy of the employer with whom you are interacting. Please note that MyNaukriIndia.com does not approve of, or represent any employer or recruiter sending such fraudulent communication, which in fact are a violation of the Terms and Conditions. We value the trust you place on MyNaukriIndia.com and are committed to making your job search a safe and fraud-free experience on our site.
If you have received (or receive) any such suspicious email communication from a possible MyNaukriIndia client, do report it to us at reportabuse@mynaukriindia.com

Educate yourself against Fraud/Scams

We encourage you to read the following and make yourself aware of the warning signs of the most common kinds of Internet and Email frauds. 

There are two types of email scams – 'phishing' and 'spoofing'. In both the cases, the 'from address' is forged to make it appear as if it came from a source that it actually did not come from. 

What is Phishing? 
Phishing is an attempt by fraudsters to 'fish' for your personal details. A phishing attempt is usually in the form of an e-mail, which encourages you to click a link that takes you to a fraudulent log-on page designed to capture your account/password/personal details. These emails can also be used to lure the recipient into downloading harmful software. Please note that MyNaukriIndia.com will never ask you to download software in order to access your account. 

More information about Phishing scams and how you can protect yourself against them is available here http://www.antiphishing.org/consumer_recs.html 

What is Spoofing?

Spoof emails usually include a fraudulent offer of employment and/or an invitation to perform a monetary transaction. Such email scams are, unfortunately, common across the world and could target anyone - including unsuspecting jobseekers who have registered with MyNaukriIndia.com. The sender's address is often disguised and/or the sender may not have provided the entire contact information, such as, the correct physical address, phone numbers and email ID. 

The precautionary measures jobseekers could take to protect themselves against suspected spoof emails have been mentioned above. 

How can you check if an employer or a recruiter is a fraud or genuine?

Below are a few things we can suggest you could try (you are encouraged to exhaust all possible ways, not just be limited to the following) to ascertain the legitimacy of the employers who contact you:

1.    Have you heard the name of the company before?
2.    Do you remember applying to this particular company or did the offer come unsolicited?
3.    Does the domain name in their email address match the name of the company? For example if you get a job offer from XYZ Petroleum Company, and their email ID is xyzpetroleum@gmail.com or xyzpetroleum@yahoo.com then it’s a fake company. Real companies use their own domain name on their email, and do not use free email providers.
4.    Search on Yahoo, Google or MSN to see if the company has a genuine website. Also check if other people have reported that the employer has been involved in job scams previously.
5.    Note the country that company claims to be working in, and offering you a job in. Most fake companies offer scam jobs in Africa, Middle East, Asia, South America, and to a much smaller extent, US or Western Europe.
6.    Find out if you need to pay the company for anything. If they ask you to pay - at first or even after some time - for visa, work permit or for travel, chances are it's a fake company.
Remember, If you have received (or receive) any such suspicious email communication from a possible MyNaukriIndia client, do not hesitate to report it to us at reportabuse@mynaukriindia.com.