Babajob.com and Babalife.com Terms of Use
These are the Terms of Use (“TOU”) under which you may use babalife.com and
babajob.com (the “Sites”). By using the Sites you indicate your agreement to
these TOU, including Babajob Services PVT LTD’s (the “Company’s”) Privacy
Statement. Please read this page carefully. If you do not accept the TOU
stated here, do not use the Sites. Since the TOU may change over time you should
also occasionally visit this page to review any modifications to the TOU because
they are binding on you.
1. The Company's Liability
The Company’s Sites provide an online location for employers to post job
opportunities, job seekers to announce their availability for employment, and
for individuals to network socially with other Site(s) users. The Company does
not screen or censor any of the Sites’ content, nor is the Company involved in
the actual transaction between employers and job seekers. Thus, the Company has
no control over the quality or legality of the jobs, or job seeker
qualifications, posted. The Company makes no representations about the
truthfulness of any jobs posted, job seeker information or user content on the
Sites, and encourages all employers to conduct their own investigation as to a
job seeker’s suitability for employment and trustworthiness.
The Company’s Sites may contain inaccuracies or typographical errors. The
Company makes no representations about the accuracy, or completeness of any Site
or its content. The Company is not to be considered an employer and shall not be
responsible for any employment decisions, for whatever reason made, made by any
entity posting jobs on any Site. The Company cannot guarantee that any job
seeker will be exactly what any employer wants, or that the job seeker will
perform as required. No advice or information obtained by a user from the
Sites shall create any warranty whatsoever.
Please note that there are risks, including but not limited to the risk of
physical harm, of dealing with strangers, underage persons or people who
misrepresent themselves online. When you use our Sites you assume all risks
associated with dealing with other users with whom you come in contact through
our Sites. By its very nature, other people's information may be offensive,
harmful, inaccurate, or untrue. Please be careful when using our, and other
online, sites.
Because user authentication on the Internet is impossible the Company does not
warrant that each user is who they claim to be. Since the Company is not, and
cannot be involved in user-to-user dealings or control the behavior of the
participants on any Site, in the event that you have a dispute with one or more
users, you release the Company (and our agents and employees) from claims and
damages (whether actual and consequential, direct and indirect) of every kind
and nature, known and unknown, suspected and unsuspected, disclosed and
undisclosed, arising out of or in any way connected with such disputes.
You acknowledge and agree that you are solely responsible for the form, content
and accuracy of any material placed by you, or your Mentor, on the Sites, and
that you are 18 years of age or older. You also represent and warrant to the
Company that you will use the Sites in a manner consistent with any and all
applicable laws and regulations.
If you are using the site to find an employee, you may only find one employee
per search fee, since we compensate others who have either registered the job
seeker you ultimately hire, or who are in the reference chain. If you were to
hire more than one employee per search fee we will not have received sufficient
money from you with which to compensate the people who helped us with each of
the job seekers you hired.
2. Permitted Uses Of Our Sites
You have the following rights to the Site(s): to post job openings and search
job availability, and to socially network with other Site(s) users. All content
is the property of the Company, and all content is protected by applicable
trademark laws, both Indian and foreign. You may not sell or modify the
Sites’ content for any public or commercial use. The use of the Sites’ content
on any other web site or in a networked computer environment for any purpose is
also expressly prohibited.
3. Prohibited Uses of Our Site
Users are prohibited from violating the security of any Site(s) by engaging in
the following: (a) accessing data not intended for such user or logging into an
account which the user is not authorized to access; (b) attempting to test the
vulnerability of a system or to breach any security or authentication measures;
or c) attempting to overload, spam, or crash any Site by means of a “virus” or
other software “attack” upon the Sites’ integrity. Any attempted Site
violations may result in civil or criminal liability, and the Company will
prosecute users who are involved in such violations.
Users may not use any Sites in order to transmit, or store material (a) in
violation of any applicable law or regulation, (b) in a manner that will
infringe the copyright, trademark, trade secret or other intellectual property
rights of others or violate the privacy, publicity or other personal rights of
others, (c) that is defamatory, obscene, threatening, abusive or hateful, or (d)
in a manner which jeopardizes India’s national security, contributes to
social unrest, or sectarian violence.
All users agree not to engage in any activity which seeks to take advantage of
or exploit other users of the Sites, or of the Sites themselves. This prohibited
behavior includes, but is not limited to, the following: (a) offering business
or sales opportunities; (b) offering jobs from competitors of the Company, (c)
posting any inaccurate or misleading content on the Sites; (d) sending any
unsolicited offer to Site users; (e) deleting any content or posting of other
users; (f) engaging in any behavior which has the effect of degrading the
performance of the Sites; (g) reverse engineering any portion of the
Sites; (h) using or inserting a personal or corporate URL, web link, or
email address, into any portion of the Sites (except where specifically
requested by the Sites) and (i) duplicating, posting, or linking any Site
content to other sites not belonging to the Company.
Users may not use the Site(s) to transfer any money in violation of the any
applicable law or regulation.
4. Prohibited Content on Our Sites-How to Report Abuse
Any content which is offensive, dangerous, invades the privacy of others, or is
unlawful is prohibited from the Sites: This includes, but is not limited to, the
following: (a) pornography,; (b) solicitation of illegal activities; (c) racial,
religious, or ethnic slurs (d) incitement to violence against any individual for
whatever reason; (e) the sending of junk mail or spam; (f) violating or
advocating the violation of copyrighted works; (g) releasing private information
of another user without their consent; and (g) providing information or
instruction about illegal activities.
Please report any abuse of our site to abuse@babajob.com.
5. Our Use of Your Registration Information and Content
You understand and agree that the Company may disclose to third parties, on an
anonymous basis, certain aggregate information contained in your registration
screen. Without your prior consent the Company will not disclose to any third
party your name, address, e-mail address or telephone number, except to the
extent necessary to comply with applicable laws or in legal proceedings where
such information is relevant.
We reserve the right to contact you via email to measure your satisfaction with
our Sites, and in the case of employers, to determine the performance of any job
seeker you hired through the Sites.
You are solely responsible for all the content you post on the Sites, and you
warrant that you have the right to all this content. When you post this
content on the Sites you give us a non-exclusive right to do whatever we wish
with this information, subject to the restrictions in the preceding paragraph.
6. If You Violate The Terms of Use Or Pose A Threat You Will Be Expelled
Although not responsible for screening or monitoring user content, the Company
may review and delete any content that violates these Terms of Use, violates
applicable law, rule or regulation, is offensive or illegal, violates the
copyrights of another, or violates the rights of, harms or threatens the safety
of users of the Company’s Sites. If you engage in prohibited behavior we will
expel you from the Sites, and restrict your further access, and if appropriate,
institute legal action against you. We will also remove your content from the
Sites.
7. If You Send Us Unsolicited Ideas We Have The Right To Use Them Without
Compensation
You are always welcome to provide us with your opinion as to the quality of our
services, however, please do not send us any creative ideas, suggestions or
other materials. Unfortunately, in the past other companies have been sued
for patent infringement by individuals who provided the company with unsolicited
ideas which the company later adopted. Therefore, it is our stated policy that
we will not accept or consider creative ideas provided by our users. If
you do provide us with such materials, please be advised that all such ideas
will become the property of the Company, and we incur no obligation to you, and
can use all such ideas without compensation.
8. What To Do If You Suspect Copyright Infringement
If you believe that your copyrighted work is on any of our Sites in an
infringing manner please provide us with the following:
a) Identify the material on the Site that you claim is infringing, with enough
detail so that we may locate it.
b) A 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;
c) A statement by you declaring under penalty of perjury that (1) the above
information in your Notice is accurate, and (2) that you are the owner of the
copyright interest involved or that you are authorized to act on behalf of that owner;
d) Your address, telephone number, and email address; and
e) Your physical or electronic signature.
The Company will remove the infringing posting(s), subject to the procedures
outlined in the Digital Millenium Copyright Act (DMCA).
If you have a copyright related inquiry, please contact:
Babajob Services, PVT LTD,
266 7th Main/First Cross, Vars Magnolia #B3,
Indiranagar, Bangalore, 560038
By telephone:
080 42622777
By e-mail:
copyright@babajob.com
9. Disputes over Payments, Withholding Tax
An employer can choose which of two “referral chains” will be compensated if
each one leads from the employer to the job seeker who is ultimately hired. All
payments will be made in the sole discretion of the Company. If a mentor’s
receipts from the Company exceeds the government’s minimum level for withholding
of income tax, the Company will withhold the tax.
10. Disclaimer of Warranty
THE COMPANY DOES NOT WARRANT THAT OUR SITES WILL OPERATE ERROR-FREE OR THAT OUR
SITES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF
ANY SITES OR SITES’ CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING
EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE SITES ARE
PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO
THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS
OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR
PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE
ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITES’ CONTENT,
SERVICES, SOFTWARE, TEXT, AND GRAPHICS.
11. Disclaimer of Consequential Damages
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON
ANY OF THE COMPANY’S SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR
DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE
USE OR INABILITY TO USE ANY OF THE COMPANY’S SITES AND CONTENT, WHETHER BASED ON
WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE
COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Indemnity
You agree to indemnify and hold the Company, its officers, subsidiaries,
affiliates, successors, assigns, directors, officers, agents, service providers,
suppliers and employees, harmless from any claim or demand, including reasonable
attorney fees and court costs, made by any third party due to or arising out of
content you submit, post or make available through the Sites, or your use
thereof, your violation of the TOU, your breach of any of the representations
and warranties herein, or your violation of any rights of another.
13. General
Be sure to refer to the TOU regularly, since they change, and they do govern
your relationship to the Company. The TOU constitute the entire agreement
between you and the Company and govern your use of the Service. The TOU and the
relationship between you and the Company shall be governed by the laws of the
country of India without regard to its conflict of law provisions. The failure of the Company to exercise or
enforce any right or provision of the TOU shall not constitute a waiver of such
right or provision. If any provision of the TOU is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected in the
provision, and the other provisions of the TOU remain in full force and effect.
