Terms of use

Acceptance Scope of Services Consumption / Delivery of Services Non Transferrable Disclaimer Customer Support Terms of Payment Responsible use and Conduct Warranty and Restrictions Intellectual property Limited Liability and Indemnity About these terms

JobGully is a unit of Aritone Global Ventures Limited. The Terms of Service governs the Services rendered by JobGully (Hereinafter referred to as the “service provider”). The terms represent the entire agreement and understanding between the service provider and the user and these terms supersede all documents or verbal consents or understandings (if any) given or made between the user and Service Provider prior to the date of these terms.

Acceptance

By accessing or using any online services (or any offline services ancillary to online services), software, data feeds or content as provided to the user on, from, or through the Service Provider's website or mobile application (collectively forming the "Service"), it shall be deemed that the user has carefully read, understood and further has agreed to the terms of service, as incorporated hereunder. The Service Provider may, at its sole discretion, change, revise or modify the terms of services at any time, with or without notice. The continued use of the services following the modifications or changes shall be inferred as the acceptance to the revised terms. The changes, revisions or modifications shall be made effective for all users upon updating the revised terms on the website of the Service Provider. Nothing contained herein shall be deemed to confer any third-party rights or benefits to users of the service.

Scope of Services

JobGully is a cloud-based intelligent recruitment management solution that redefines your hiring process by enhancing application tracking and fostering efficient management for your recruitment needs. The services are provided only through online mode and users can access the services through internet only. The service is private and shall be available only to the organizations / users that have subscribed to the plans, as the Service Provider provides the access of the service only to its subscribers. The Service Provider shall time to time may make reductions or additions to the scope of service.

Consumption / Delivery of Services

All services as rendered by the service provider during the subscription period are fully consumed or delivered to the users from the first day of subscription, irrespective of any inactivity by the users during the subscription period.

Non Transferrable

All services as rendered by the service provider are non-transferrable.

Disclaimer

In quest of providing the best of services, the Service Provider may alter, amend, change or discontinue the service, or any part of it, in order to make performance or security improvements, to augment the features and functionality, to improve and update the service as per the amendments and relevant prevailing laws and/or in order to prevent illegal activities on or abuse of the system. The service provider will balance and consider the impact of such changes on the use of the Service. The service provider may notify the user in case it discontinues or makes material change to the service, however, the same cannot be guaranteed in cases where the security and operations of the service is at risk, in order to prevent abuse or to meet legal requirements on an urgent basis. The terms shall further apply to upcoming services until notified separately.

Customer Support

Client satisfaction is the prime concern of the Service Provider herein, therefore, service provider offers users constant support and assistance. The users may address their account-related and/or payment-related queries by clicking on customer support on the website and by providing the required details mentioned in the form. The user can also reach out to the service provider by sending an email at info@JobGully.com. The Service Provider undertakes to address the queries and concerns of the subscribers in a reasonable time."

Terms of Payment

The services rendered by the Service Provider are governed by the terms of payment as follows:

a) Billing

i) Service Provider collects the payment in advance for the use of service.

ii) The subscription fee and any other charges which the user may incur towards the use of the service, such as taxes and possible transaction fees, will be charged from the user “as per actuals” on the specific billing date and will be mentioned in the billing.

iii) The length of the billing cycle will depend on the type of subscription that the user opts for at the time of subscription. (Reference to clause 3 (a))

iv) To use the service, the user must provide one or more Payment Methods. If the attempt to make the payment is not successful, due to expiration, insufficient funds, or otherwise, the Service Provider shall not be held liable and only the third party or the payment gateway shall be held liable.

b) Updating the Subscription plan and Renewal

i) The user can further update the Subscription Plan by initiating a support ticket from his account or contacting the team of service provider through info@JobGully.com. Following the update, the service provider shall charge the fee as per the subscription plan so updated.

ii) The service provider will issue reminders and alerts to the user before the due date of payment, thereby providing considerable amount of time to remit the payment. In case the user fails to renew its plan, the Service Provider will be at liberty to suspend the access of the service until the complete payment.

Responsible use and Conduct

a) In order to access the service, the user may be required to provide and upload certain information such as contact details, email id, phone number, GST number, Pan Card details, etc. of the user and the sub-user, as part of the registration process. The user shall ensure that the information is correct, accurate, and up to date.

b) The user is further suggested to submit documents over platform which are already available in public domain and also the user should exercise great caution before submitting any sensitive data on the platform and any such document shall be password protected. Alternatively, user can send the document over email to our customer support team in unavoidable circumstances.

c) The user shall access and/or use the messaging platform for communication related to customer support and incidental communication thereto. The user shall refrain from using the platform of the Service Provider for any personal communication, any act against any state, any country, any organization to malign its image, its integrity, its sovereignty etc.

d) Accessing (or attempting to access) any of the services and resources of JobGully through any means other than what the service provider offers, is strictly prohibited. The user specifically and unequivocally agrees not to access (or attempt to access) any of the resources and services, in part or in full, through any automated, unethical or unconventional means for any immoral, illegal or ulterior motive of harnessing the potential for public policy.

e) The user is under strict and absolute liability for all information and activities under its account. The user shall be solely responsible for any consequences, loss, or damage that the service provider may directly or indirectly suffer or incur due to such unauthorized activities conducted by the user, as explained above, and the same may incur criminal or civil liability on the user

f) The service provider can at its own discretion remove any information or content that, it feels does not comply with the Terms of Service, along with any information or content that it feels is otherwise offensive, harmful, objectionable, inaccurate, or violates any third party rights.

Warranty and Restrictions

The use of services are subjected to the reasonable restrictions and a warranty disclaimer which are detailed herein-below:-

a) Warranty Disclaimer
i) The user agrees that the use of the service shall be at the sole risk of the user/subscriber. To the fullest extent permitted by law, JobGully, its owners, operators, consultants, affiliates, licensors and licensees exclude all warranties, express or implied, in connection with the services and the use thereof

ii) Notwithstanding the efforts is made to ensure the accuracy and update of the material, the service provider admits no liability in relation to the accuracy, completeness, usefulness or otherwise of the service for any (i) errors, mistakes, or inaccuracies, (ii) damage or loss of any nature whatsoever, resulting from the access to and use of the service,

iii) any unauthorized access of the secure servers organized and held by the Service Provider and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the service,

iv) any bugs, viruses, Trojan horses, or similar interceptions which may be transmitted to or through the service by any third party, and/or

v) any errors or omissions in any service or for any loss or damage of any kind incurred as a result of the use of any service available on the website, emailed to the user, transmitted, or otherwise made available via the service. The material on the website shall not be construed to as a statement of law. The user shall seek legal and /or professional advice where appropriate.

vi) Service Provider does not guarantee, endorse assume responsibility or warrant any product or service advertised or offered by a third party through the service or any hyperlinked service or featured in any banner or other advertising, and JobGully will not be a party to or in any way be responsible for monitoring any transaction between the user and any third-party provider of products or services. For the purchase of any product or service through any medium, the user shall exercise great caution where appropriate.

vii) Service Provider and its Affiliates will not be responsible for lost profits, revenues, or data; loss of opportunity or anticipated savings; indirect or consequential losses, or punitive damages (in all cases whether such losses were foreseeable or not).

b) Restrictions

i) The user is not permitted to reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Service except: (i)as specifically permitted by JobGully; (ii)with prior written permission from JobGully and, if applicable, the respective rights holders; or (iii)as permitted by applicable law;

ii) Circumvent, disable, fraudulently engage, or otherwise interfere with the Service (or attempt to do any of these things), including security-related features or features that: (i) prevent or restrict the copying or other use of service; or (ii) limit the use of the Service;

iii) Access the Service using any automated means (such as robots, botnets or scrapers) or collect or use any information that might identify a person (for example, harvesting usernames), unless permitted by that person;

iv) Use the Service to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations (spam);

v) In addition to the general restrictions above, the following restrictions and conditions apply specifically to the use of Content.

vi) The Service, trademarks, service marks and logos ("Marks") on the Service, are owned by or licensed to JobGully either directly or through its parent company, subject to copyright and other intellectual property rights under the law.

vii) The user may access service solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. The user shall not copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast,display, sell, license, or otherwise exploit any service for any other purposes without the prior written consent of JobGully. The service provider and its licensors reserve all rights not expressly granted in and to the Service and the Content.

viii) The user agrees to not circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use of the Service therein.

Intellectual property

Except for the rights specifically granted herein, each party shall retain its respective Intellectual Property owned by them prior to the Effective Date of the Terms of Service. Intellectual property shall include without limitation all rights to and any interests in any patent, design, trade mark, copyright, know-how, trade secret and any other proprietary right or form of intellectual property (whether protectable by registration or not) customer list, agreement, specification, device, design, system, process, logo, mark or style (“Intellectual Property”).
All Intellectual Property provided by and/or on behalf of JobGully, in any form whatsoever, which is owned by or licensed to JobGully prior to being provided to the user, shall remain the property of ComlyBook (“JobGully Intellectual Property”). The user shall acquire no right, title or interest in the JobGully Intellectual Property as a result of its performance of the Services. Neither Party shall reverse engineer, de-scramble nor de-compile the other Party‘s Intellectual Property. Notwithstanding anything contained, JobGully represents that it owns or has the right to use all rights to the Intellectual Property which it shall use to perform the Service pursuant to this Agreement.

Limited Liability and Indemnity

The liability of the Service provider is limited as against the service, its use or its affects. Further, the user is liable to indemnify the service provider and the terms of liability and indemnity are hereunder:-

a) Limited Liability
i) Under no circumstances shall the Service Provider be held liable for any User for any loss, injury, claim, liability or damages of any kind resulting from the use or the inability to use the service,

ii) The service provider shall not be liable for any damage including but not limited to special, direct, incidental, punitive, exemplary or consequential, of any kind whatsoever in any way, resulting or arising out of the use of service or the inability to use the service.

iii) Service Provider makes reasonable effort to ensure that the information provided on the website or the application is accurate, however, the service provider does not guarantee or warrant the accuracy, adequacy, correctness, validity, completeness or suitability for any purpose. The service provider accepts no responsibility with respect to the accuracy of information on the website or application and does not represent that the information is completely error-free and accurate or that the server that controls the website or application, are free of viruses or harmful components. Notwithstanding the due caution and care as undertaken by the service provider herein to ensure that the database is completely reliable and error-free, the service provider seeks and claims exemption from any liability arising out of any such error in the database.

b) Indemnity- To the extent permitted by applicable law, the user agrees to defend, indemnify and hold harmless the service provider i.e. service provider, its parent corporation, affiliates, consultants, licensors, licensee, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to the legal and the litigation fees) arising from

i) The use and illegal use of and access to the Service by the user;

ii) The violation of any term of these Terms of Service by the user;

iii) The violation by the user of any third party right, including without limitation any copyright, property, or privacy right; or

iv) The claim that the Service caused damage to a third party.

v) In case the user causes a technical disruption to the website or the application or in the systems transmitting the service to the user or others

vi) The service provider reserves its right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by the user and, in such case, the user agrees to co-operate with the service provider in the defense of such matter.
The defense and indemnification obligation will survive these Terms of Service and the use of the Service.

About these terms

a) Delay and Force majeure- The Service Provider shall not be liable, in part of in full, for any delay or failure to provide the service or to perform any obligation on its part hereunder to the extent that such delay or failure is due to circumstances beyond its control being hacking of the website or the application of the service provider, act of god, war, hostilities, invasion, mobilization, requisition or embargo, rebellion of military or usurped power or civil war, riot, commotion, strike, lock out or disorder, acts or threat of terrorism and others. All rights, remedies, undertakings, obligations and agreements contained in these terms shall be cumulative, and none of them shall be a limitation of any other right, remedy, undertaking, obligation, or agreement of any of the parties.
b) Continuation of the terms- If the Service ends, the following terms of the Terms of Service will continue to apply to the user being “Intellectual Property”, “Privacy Policy”, “Warranties and Restrictions”, “Limited Liability and Indemnification” and “About these terms”.

c) Severance- If one or more of the provisions of the terms of service becomes void or unenforceable as a matter of law, then the Terms of Service will be construed as if such provision were not contained herein and the remainder of the terms will remain in full force and effect.

d) Jurisdiction- The competent courts at New Delhi shall have the jurisdiction to settle any dispute or try any suit arising out of or in relation to the terms of Service. These terms are governed by and construed in accordance with the prevailing laws of India.

e) Arbitration- In case there is a dispute arising out of the service rendered by the Service Provider as governed by these terms or out of the terms or its interpretation, the same shall be referred to Arbitration. In case there is a dispute between the CCM and the User/Sub-User, the Arbitrator shall be appointed by JobGully and the same shall be governed by the Arbitration and Conciliation Act, 1996 (amended upto date). In case the dispute arises between JobGully and CCM or JobGully and the User/ Sub-User, the arbitrator shall be appointed by JobGully from the list of nominated arbitrators. The seat and place of the Arbitration shall be at New Delhi only.