Job Trek - Home Services

Posted as of ________ 2021

Last updated as of__________ 2021

This legal agreement is an electronic record in terms of the Indian Information

Technology Act, 2000 and rules there under as applicable and the amended provisions about

electronic records in various statutes as amended by the Indian Information Technology

Act, 2000. This electronic record is generated by a computer system and does not require

any physical or digital signatures.

This legal document is published in accordance with the provisions of Rule 3 (1) of the

Indian Information Technology (Intermediaries guidelines) Rules, 2011 and Rule 4 of

the Information Technology (Reasonable security practices and procedures and

sensitive personal data or information) Rules, 2011 of Information Technology Act,

2000 amended through Information Technology Amendment Act, 2008 that require

publishing the Terms of Use and practices for access and usage of any functional website.

This Website is created and operated by M/s JAYACHANDER CONSULTANCY

PRIVATE LIMITED, (hereinafter referred to as “We”, “Our”, and “Us”) and operating

under the brand name “jobtrek” (“Brand name”). We intend to ensure your steady

commitment to the usage of this website and the services provided by us through our website

“https://jobtrek.in” (“Website”).

i. For the purpose of these Terms of Use (“Terms of Use”), wherever the context so

requires, “We”, “Our”, “Company”, and “Us” shall mean and refer to the Website.

ii. “You”, “Your”, “Yourself”, “User” shall mean and refer to natural and legal

individuals who shall be users of this website provided by us and who is competent

to enter into binding contracts, as per Indian laws. These individuals are can be job

seekers or household people.

iii. “Third Parties” refer to any website, platform or individual apart from the Users and

the creator of this Website.

GENERAL TERMS

i. The headings of each section in these Terms of Use are only for the purpose of

organizing the various provisions under these Terms of Use in an orderly manner and

shall be used by you to interpret the provisions contained herein in a manner as may

apply to you. Further, it is specifically agreed by you that the headings shall have legal

or contractual value on your usage of the website.

ii. The use of this website is solely governed by these Terms of Use, Privacy Policy that

may be uploaded on the website and any modifications or amendments made thereto

by us from time to time, at our sole discretion. If you as a user continue to access and

use this website, you are agreeing to comply with and be bound by the following

iii. You expressly agree and acknowledge that these Terms of Use and Privacy Policy are

co-terminus in nature and that expiry/termination of either one will lead to the

termination of the other.

iv. You unequivocally agree that these Terms of Use and the Privacy Policy constitute a

legally binding agreement between us, and that you shall be subject to the rules,

guidelines, policies, terms, and conditions applicable to your use of the website, and

that the same shall be deemed to be incorporated into these Terms of Use and shall be

treated as part and parcel of the same. You acknowledge and agree that no signature or

express act is required to make these Terms of Use and the Privacy Policy binding on

you and that your act of visiting any part of the website constitutes your full and final

acceptance of these Terms of Use and the Privacy Policy.

v. We reserve the sole and exclusive right to amend or modify these Terms of Use

without any prior permission or intimation to you, and you expressly agree that any

such amendments or modifications shall come into effect immediately. If you do not

adhere to the changes, You must stop using the website at once. Your continued use of

the website will signify your acceptance of the changed terms.

REGISTRATION

Registration is mandatory for all Users. Registration will be deemed complete after an email

registration on the registered user email ID.

ELIGIBILITY

a) You represent and warrant that you are competent and eligible to enter into legally

binding agreements and of age and that you have the requisite authority to bind

themselves to these Terms of Use following the Law. However, if you are a minor

using this Website, your account will be suspended or removed from the Website.

Our services are not available for minors.

b) You further represent that you will comply with these Terms of Use and all

applicable local, state, national and international laws, rules and regulations.

c) You shall not use the Website if you are not competent to contract or are disqualified

from doing so by any other applicable law, rule or regulation currently in force.

PAYMENT GATEWAY

For making all payments for purchases on the Website, you shall be required to make

payment for which you will be redirected to a third-party payment gateway that we may

have an agreement with. The payment gateway may additionally seek information from you

to process the payment for your purchase and additionally may charge you the payment

gateway charges that may be applicable. The payment gateway consists of Debit Card/Credit

Card/Net Banking/UPI and other wallet options. You shall be governed under the concerned

payment gateway’s Terms and Conditions and other Policies for the purpose of all payment-

related aspects.

CONTENT

All text, graphics, User interfaces, visual interfaces, photographs, trademarks, logos, brand

names, descriptions, sounds, music and artwork (collectively, ‘Content’), is

generated/provided or based on information provided by the users or third parties and We

has no control and make no guarantees regarding the quality, the accuracy, integrity or

genuineness of such content or such other information provided on the Website.

All the Content displayed on the Website is subject to copyright and shall not be reused by

You (or a third party) without the prior written consent from Us and the copyright owner.

You are solely responsible for the integrity, authenticity, quality and genuineness of the

content provided on the Website and whilst feedback and comments by You can be made

via the Website, we bear no liability whatsoever for any feedback or comments made by the

other Users or made in respect of any of the content on the Website. Further, the Website

reserves its right to suspend the account of any User for an indefinite period to be decided at

the discretion of the Website or to terminate the account of any User who is found to have

created or shared or submitted any content or part thereof that is found to be

untrue/inaccurate/misleading or offensive/vulgar. You shall be solely responsible for making

good any financial or legal losses incurred through the creation/sharing/submission of

Content or part thereof that is deemed to be untrue/inaccurate/misleading.

You have a personal, non-exclusive, non-transferable, revocable, limited privilege to access

the content on the Website. You shall not copy, adapt, and modify any content without

written permission from Us.

INDEMNITY

You agree to indemnify, defend and hold harmless the Us, and our respective directors,

officers, employees and agents (collectively, "Parties"), from and against any 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 maybe payable by, any breach or non-

performance of any representation, warranty, covenant or agreement made or obligation to

be performed according to these Terms of Use. Further, You agrees to hold the Us harmless

against any claims made by any third party due to, or arising out of, or in connection with:

a. Your use of the Website,

b. Your violation of these Terms of Use;

c. Your violation of any rights of another;

d. Your alleged improper conduct according to these Terms of use;

e. Your conduct in connection with the Website;

You agree to fully cooperate in indemnifying Us at your expense. You also agree not to

settle with any party without consent from Us.

In no event shall we be liable to compensate You 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, and whether or not You had

been advised of the possibility of such damages, or based on any theory of liability,

including breach of contract or warranty, negligence or other tortuous action, or any other

claim arising out of or in connection with the Your use of or access to the Website and/or the

Services or materials contained therein.

LIMITATION OF LIABILITY

a. We are not responsible for any consequences arising out of the following events:

i. If the Website is inoperative/non-responsive due to any connectivity

errors associated with the internet connection such as but not limited to

slow connectivity, no connectivity, server failure;

ii. If you have fed incorrect information or data or for any deletion of data;

iii. If there is an undue delay or inability to communicate through email;

iv. If there is any deficiency or defect in the Services managed by Us;

v. If there is a failure in the functioning of any other service provided by Us.

b. The Website accepts no liability for any errors or omissions, on behalf of itself, or for

any damage caused to You, Your belongings, or any third party, resulting from the use

or misuse of the Website or any service availed of by Us through the Website. The

service and any Content or material displayed on the service is provided without any

guarantees, conditions or warranties as to its accuracy, suitability, completeness or

reliability. We will not be liable to you for the unavailability or failure of the Website.

c. You are to comply with all laws applicable to you or your activities, and with all

Policies, which are hereby incorporated into this Terms of Use by reference.

d. The Website expressly excludes any liability for any loss or damage that was not

reasonably foreseeable by the Website and which is incurred by you in connection with

the Website, including loss of profits; and any loss or damage incurred by you as a

result of your breach of these Terms of Use.

e. To the fullest extent permitted by law, We shall not be liable to You or any other party

for any loss or damage, regardless of the form of action or basis of any claim. You

acknowledge and agree that your sole and exclusive remedy for any dispute with us is to

terminate your use of the Website.

TERM

a. These Terms of Use shall continue to form a valid and binding contract between us

and shall continue to be in full force and effect until you continue to access and use the

Websites.

b. You may terminate your use of the Website at any time.

c. We may terminate these Terms of Use and close your account at any time without

notice and/or suspend or terminate Your access to the Website at any time and for any

reason, if any discrepancy or legal issue arises.

d. Such suspension or termination shall not limit our right to take any other action

against you that we consider appropriate.

e. It is also hereby declared that we may discontinue the Services and Websites without

any prior notice.

TERMINATION

a. We reserve the right, in its sole discretion, to unilaterally terminate Your access to the

Website, or any portion thereof, at any time, without notice or cause.

b. We also reserve the universal right to deny access to You, to any/all of are on its

Website without any prior notice/explanation to protect the interests of the Website

and/or other Users to the Website.

c. We reserve the right to limit, deny or create different access to the Website and its

features concerning different Users, or to change any of the features or introduce new

features without prior notice.

d. You shall continue to be bound by these Terms of use, and it is expressly agreed to by

You that You shall not have the right to terminate these Terms of Use till the expiry of

the same.

MONITERING AND VERIFICATION

We monitor and verify the profile created by Users, to ensure that the details uploaded are

authentic and valid. However, we do not issue any experience certificate for our Users.

COMMUNICATION

By using this Website and providing Your identity and contact information to Us through

the Website, You agree and consent to receive calls, e-mails or SMS from Us and/or any of

its representatives at any time.

You can report to “____________________________” if you find any discrepancy with

regard to Website or content-related information and we will take necessary action after an

investigation. The response with resolution (if any issues found) shall be dependent on the

time is taken for investigation.

You expressly agree that notwithstanding anything contained herein above, it may be

contacted by Us relating to any services availed by You on the Website or anything pursuant

thereto and You agree to indemnify Us from any harassment claims. It is expressly agreed to

by Us that any information shared by Us shall be governed by the Privacy Policy.

USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT

You agree and acknowledges that you are a restricted user of this Website and you:

a. Agree to provide genuine credentials during the process whenever required

on the Website. You shall not use a fictitious identity to register. We are not liable if

you have provided incorrect information.

b. Agree to ensure the Name, Email address, Address, Mobile number and any

such other information that may be provided during account registration is valid at all

times and shall keep your information accurate and up-to-date.

c. Agrees that the User shall be entirely responsible for all activities that the

user shall undertake post making the booking with the service provider/vendor and the

user shall undertake sole responsibility towards any activities including but not limited

to vehicle accidents, smuggling, trafficking, any illegal or prohibited activities.

Further, the user shall waive all its rights to undertake any action against us towards

any breach of personally identifiable information.

d. You agree that You are solely responsible for maintaining the confidentiality

of your account password. You agree to notify us immediately of any unauthorized use

of your account. We reserve the right to close your account at any time for any or no

reason.

e. The User represents and warrants that the User shall undertake to exclude any

liability and hold the company harmless for any legal action that may arise for the

company due to the user’s activities which may involve any type of illegal activities in

which the user undertakes to use the services of the vendor under the influence of

drugs, alcohol, or for smuggling, trafficking etc which may or may not involve

prohibited substances and commodities or if there arises any legal action against the

company under the provisions of the Indian penal code.

f. The User further represents and warrants that the negotiations and the discussions

between the user and the vendor shall be at their sole discretion and the Company in

no manner shall be made a party to such discussions that may involve the vendor’s

services to the user. Such discussions and negotiations may include but not limited to

the payment and payment terms.

g. The User represents and warrants that the company shall have a limited

liability to provide the user with a basic acknowledgement on the condition of the

vehicle that may be provided by the vendor. However, the Vendor shall be solely

responsible for all the quality and the condition of the vehicle provided by the Vendor

to the user and the user shall in no manner bring out any suit or thereby any legal

action against the company.

h. User represents and warrants that the company may offer other additional

accidental insurance packages from any third parties, which will benefit the user.

However, the Company does not guarantee the user the same at any time.

i. Authorize the Website to use, store or otherwise process certain personal information

and all published Content, responses, locations, User comments, reviews and ratings

for personalization of Services, marketing and promotional purposes and for

optimisation of User-related options and Services.

j. Understand and agree that, to the fullest extent permissible by law, the Website or

any of their affiliates or their respective officers, directors, employees, agents,

licensors, representatives, operational service providers, advertisers or suppliers shall

not be liable for any loss or damage, of any kind, direct or indirect, in connection with

or arising from the use of the Website or this terms of use, including, but not limited

to, compensatory, consequential, incidental, indirect, special or punitive damages.

k. Are bound not to cut, copy, modify, recreate, reverse engineer, distribute,

disseminate, post, publish or create derivative works from, transfer, or sell any

information or obtained from the Website. Any such use/limited use of the Website

will only be allowed with the prior express written permission.

l. Agree not to access (or attempt to access) the Website and/or the materials or

Services by any means other than through the interface provided by the Website. The

use of deep-link, robot, spider or other automatic devices, program, algorithm or

methodology, or any similar or equivalent manual process, to access, acquire, copy or

monitor any portion of the Website or its content, or in any way reproduce or

circumvent the navigational structure or presentation of the Website, materials or any

content, or to obtain or attempt to obtain any materials, documents or information

through any means not specifically made available through the Website will lead to

suspension or termination of your access to the Website. We disclaim any liabilities

arising concerning such offensive content on the Website.

m. Expressly agree and acknowledge that the Content generated by the Users

and displayed on the Website is not owned by Us and that We are in no way

responsible for the content of the same. You may, however, report any offensive or

objectionable content, which We may then remove from the Website, at our sole

discretion.

You further undertake not to:

a. Engage in any activity that interferes with or disrupts access to the Website or

the services provided therein (or the servers and networks which are connected to the

Website);

b. Impersonate any person or entity, or falsely state or otherwise misrepresent

his/her affiliation with a person or entity;

c. Probe, scan or test the vulnerability of the Website or any network connected

to the Website, nor breach the security or authentication measures on the Website or

any network connected to the Website. The User may not reverse look-up, trace or

seek to trace any information relating to any other User of, or visitor to, the Website,

or any other viewer of the Website, including any User account maintained on the

Website not operated/managed by the User, or exploit the Website or information

made available or offered by or through the Website, in any manner;

d. Disrupt or interfere with the security of, or otherwise cause harm to, the

Website, systems resources, accounts, passwords, servers, or networks connected to or

accessible through the Website or any affiliated or linked Websites.

e. Use the Website or any material or content therein for any purpose that is

unlawful or prohibited by these Terms of Use, or to solicit the performance of any

illegal activity or other activity which infringes the rights of this Website or any other

third party (s);

f. Violate any code of conduct or guideline which may apply for or to any particular

service offered on the Website;

g. Violate any applicable laws, rules or regulations currently in force within or

outside India;

h. Violate any portion of these Terms of Use or the Privacy Policy, including

but not limited to any applicable additional terms of the Website contained herein or

elsewhere, whether made by amendment, modification, or otherwise;

i. Commit any act that causes Us to lose (in whole or in part) the Services of its

Internet Establishment ("ISP") or in any manner disrupts the Services of any other

supplier/service provider of the Website;

j. You hereby expressly authorize Us to disclose any and all information relating to

You in our possession to law enforcement or other government officials, as We may in

our sole discretion, believe necessary or appropriate in connection with the

investigation and/or resolution of possible crimes, especially those involve personal

injury and theft/infringement of intellectual property. You further understand that the

Website might be directed to disclose any information (including the identity of

persons providing information or materials on the Website) as necessary to satisfy any

judicial Order, law, regulation or valid governmental request.

k. By indicating Your acceptance to use any services offered on the Website,

You are obligated to complete such transactions after making payment. You shall be

prohibited from indicating their acceptance to avail services where the transactions

have remained incomplete.

l. You agree to use the services provided by Us, our affiliates, consultants and

contracted companies, for lawful purposes only.

m. You agree to provide authentic and true information. We reserve the right to

confirm and validate the information and other details provided by You at any point in

time. If upon confirmation such details are found to be false, not to be true (wholly or

partly), We shall in our sole discretion reject the registration and debar You from

using the Website without prior intimation whatsoever.

n. You agree not to post any material on the Website that is defamatory,

offensive, obscene, indecent, abusive, or needlessly distressful or advertising any

goods or services. More specifically, You agree not to host, display, upload, update,

publish, modify, transmit, or in any manner share any information that:

i. belongs to another person and to which you have no right to;

ii. is grossly harmful, harassing, blasphemous, defamatory, obscene,

pornographic, pedophilic, libellous, invasive of another's privacy,

hateful, or racially, ethnically objectionable, disparaging, relating or

encouraging money laundering or gambling, or otherwise unlawful in

any manner whatever;

iii. is in any way harmful to minors;

iv. infringes any patent, trademark, copyright or other proprietary rights;

v. violates any law for the time being in force;

vi. deceives or misleads the addressee about the origin of such messages or

communicates any information which is grossly offensive or menacing;

vii. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or

otherwise violate the legal rights of others;

viii. Impersonate any person or entity, or falsely state or otherwise

misrepresent Your affiliation with a person or entity;

ix. Publish, post, disseminate, any grossly harmful information, harassing,

blasphemous, defamatory, obscene, pornographic, pedophilic, libellous,

invasive of another's privacy, hateful, or racially, ethnically

objectionable, disparaging, relating or encouraging money laundering or

gambling, or otherwise unlawful in any manner whatever; or unlawfully

threatening or unlawfully harassing including but not limited to

"indecent representation of women" within the meaning of the Indecent

Representation of Women (Prohibition) Act, 1986;

x. Threatens the unity, integrity, defence, security or sovereignty of India,

friendly relations with foreign states, or public order or causes

incitement to the commission of any cognizable offence or prevents

investigation of any offence or is insulting any other nation.

SUSPENSION OF USER ACCESS AND ACTIVITY

Notwithstanding other legal remedies that may be available, we may in our sole discretion,

limit your access and/or activity by immediately removing your access credentials either

temporarily or indefinitely, or suspend/terminate your association with the Website, and/or

refuse to the usage of the Website, without being required to provide you with notice or

cause:

a. If you are in breach of any of these Terms of Use or the Privacy Policy;

b. If you have provided wrong, inaccurate, incomplete or incorrect information;

c. If your actions may cause any harm, damage or loss to the other Users or Us, at

our sole discretion.

INTELLECTUAL PROPERTY RIGHTS

Unless expressly agreed to in writing, nothing contained herein shall give you a right to use

any of the trade names, trademarks, service marks, logos, domain names, information,

questions, answers, solutions, reports and other distinctive brand features, save according to

the provisions of these Terms of Use that shall be available on the website. All logos,

trademarks, brand names, service marks, domain names, including material, designs, and

graphics created by and developed by either the website or such other third party and other

distinctive brand features of the website are the property of the website or the respective

exclusive owner of all the designs, graphics and the like, related to the Website.

You shall not use any of the intellectual property displayed on the Website in any manner

that is likely to cause confusion among existing or prospective users of the website, or that

in any manner disparages or discredits the website, to be determined in the sole discretion.

You are aware all intellectual property, including but not limited to copyrights, relating to

said services resides with the owners, and that at no point does any such intellectual property

stand transferred from the aforementioned creators. You are aware that we merely provide

the Website through which You can communicate with other users and the Website does not

own any of the intellectual property relating to the independent content displayed on the

Website, apart from created graphics and specified content.

You are further aware that any reproduction or infringement of the intellectual property of

the aforementioned owners by You will result in legal action being initiated against You by

the respective owners of the intellectual property so reproduced/infringed upon. It is agreed

to by You that the contents of this section shall survive even after the termination or expiry

of these Terms of Use and/or Privacy Policy.

DISCLAIMER OF WARRANTIES AND LIABILITIES

a. You further agree and undertake that you are accessing the Website at your

sole risk and are that you are using the best and prudent judgment before availing of

any features on the Website or accessing/using any information displayed thereon.

b. You agree that any kind of information, resources, activities,

recommendations obtained/availed from the Website, written or oral, will not create

any warranty and we disclaim all liabilities resulting from these.

c. We do not guarantee that the features and content contained in the Website

will be uninterrupted or error-free, or that the Website or its server will be free of

viruses or other harmful components, and You hereby expressly accepts any

associated risks involved with your use of the Website.

d. It is further agreed to by You that the contents of this section shall survive

even after the termination or expiry of the Terms of Use and/or Privacy Policy.

FORCE MAJEURE

We will not be liable for damages for any delay or failure to perform our obligations

hereunder if such delay or failure is due to cause beyond our control or without its fault or

negligence, due to Force Majeure events including but not limited to acts of war, acts of

God, earthquake, riot, fire, festive activities sabotage, labour shortage or dispute, internet

interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or

unauthorized.

DISPUTE RESOLUTION AND JURISDICTION

It is expressly agreed to by you hereto that the formation, interpretation, and performance of

these Terms of Use and any disputes arising therefrom will be resolved through Arbitration.

It is further agreed to by you that the contents of this section shall survive even after the

termination or expiry of the Terms of Use and/or Privacy Policy.

Arbitration: In the event that the Parties are unable to amicably resolve a dispute, the said

dispute will be referred to arbitration by a sole arbitrator to be appointed by us, and the

award passed by such sole arbitrator will be valid and binding on all parties. All cost of the

Arbitration shall be borne solely in accordance with the Arbitrators award. The arbitration

shall be conducted in English, and the seat of Arbitration shall be the city of Kurnool,

Andhra Pradesh, India.

You expressly agree that the Terms of Use, Privacy Policy and any other agreements entered

into between the Parties are governed by the laws, rules, and regulations of India.

MISCELLANEOUS PROVISIONS

a. Entire Agreement: These Terms of Use, read with the Privacy Policy, form the

complete and final contract between us with respect to the subject matter hereof and

supersedes all other communications, representations, and agreements (whether oral,

written or otherwise) relating thereto.

b. Waiver: The failure at any time to require performance of any provision of these

No waiver by us of any breach of these Terms of Use, 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 such breach, or a waiver of any other breach of

these Terms of Use.

c. Severability: If any provision/clause of these Terms of Use is held to be invalid,

illegal or unenforceable by any court or authority of competent jurisdiction, the

validity, legality, and enforceability of the remaining provisions/clauses of these

provision/clause of these Terms of Use shall be valid and enforceable to the fullest

extent permitted by law. In such case, these Terms of Use shall be reformed to the

minimum extent necessary to correct any invalidity, illegality or unenforceability,

while preserving to the maximum extent the original rights, intentions and

commercial expectations of the Parties hereto, as expressed herein.

d. Contact Us: If you have any questions about these Terms of Use, the practices of the

website, or your experience, you can contact us by emailing at

_______________________