General Terms and Conditions
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000 (together with any statutory amendments or modifications thereof). This electronic record is generated by a computer system and does not require any physical or digital signatures.
1.1 Gboard.greenpepper.in(“Website”) is an online portal/service to post and search employment opportunities and user profiles/resumes, operated and managed by GreenPepper Consulting (hereinafter referred to as “Company” or “We” or “Us”).
1.2 “You” or “User” (wherever the context so requires) shall mean any natural or juridical person, who uses the Website, including but not limited to any person who has provided data, and shall include a user who has registered on the Website as a member.
1.4 If you have any queries about the Terms or have any comments or complaints on or about the Website, please email us at firstname.lastname@example.org. We reserve the right to change, amend, vary, or modify the Terms or any part thereof, from time to time, without prior notice or any obligation to inform you and it is your responsibility to regularly check for any changes, modifications, or amendments, from time to time. You can access the latest version of the Terms at any given time on the Website. In the event the Terms (or any modified version thereof) are not acceptable to you, you are advised not to obtain access to or otherwise use the Website. However, if you continue to use the service/Website you shall be deemed to have agreed to accept and abide by the Terms.
1.5 Please read this page carefully. If you do not accept the Terms stated herein, do not use the Website and its services. By using the Website, you are indicating your acceptance to be bound by the provisions of these Terms.
1.6 In case of breach of these Terms, we may in our sole discretion, restrict or terminate your membership or your ability to access the Website and shall also remove your User Content, without prejudice to any of our rights to take any other action against you.
2.1 Eligibility: Only persons eligible to enter into legally binding contracts under applicable law are eligible to use this Website. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 (as may be amended from time to time) including but not limited to persons of unsound mind, minors or un-discharged insolvents etc. are not eligible to use the Website. We reserve the right to refuse membership or terminate your membership or to refuse to provide you access to the Website or delivery of any services(s), at our sole discretion without assigning any reason whatsoever, in case you are ineligible. The Website is not available to persons whose membership has been suspended or terminated by us for any reason whatsoever. If you are registering as a business entity, you represent that you have the authority to bind the entity to these Terms. By visiting the Website, you represent and warrant that you are eligible to use the Website and that you have the right, authority and capacity to use the Website and agree to and abide by these Terms.
2.2 Use of the Website/Services: The Website may be used by individuals seeking employment and/or career information and by employers seeking employees. In case you are an employer, by using the Website, in addition to the Terms you also agree to the terms of our “Employer Terms” containing terms and conditions under which services shall be provided to you.
2.3 Restrictions: Website may be used only for lawful purposes by individuals seeking employment and career information and employers seeking employees.
You shall not use the Website to:
- gain any unauthorised access to other computer / network systems.
- interfere with any other person’s use or enjoyment of the Website.
- interfere or disrupt networks or websites connected to the Website.
- transmit any information (including job posts, messages, and hyperlinks) on or through the Website that is disruptive or competitive to the provision of services by us.
- harm any other person.
- threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or cause incitement to the commission of any cognizable offence or prevent investigation of any offence or insult any other nation.
- intentionally submit on the Website any incomplete, false, or inaccurate information.
- make any unsolicited commercial communications to other users of the Website.
- post any profile/resume or apply for any job on behalf of another party.
- sell or promote any products or services. or
- host, disseminate, display, upload, publish, transmit, distribute, share, or store any material which:
- is unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable.
- encourages conduct that constitutes a criminal offence result in civil liability or otherwise breaches any relevant laws, regulations, or code of practice.
- infringes any intellectual property or proprietary rights of others.
- belongs to another person.
- is harmful, harassing, defamatory, obscene, pornographic, threatening, abusive, offensive, or hateful or racially, ethnically objectionable, or otherwise unlawful in any manner whatsoever.
- displays or links to pornographic, indecent, or sexually explicit material of any kind.
- deceives or misleads or impersonates another person or entity.
You shall also not:
- solicit personally identifiable information from other users.
- post any jobs for any competitor or content that contain any hyperlinks, email addresses, “hidden” keywords.
- post or submit to any incomplete, false or inaccurate biographical information or information which is not your own.
- attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up part of the Website.
- insert any personal URL, weblink, email address etc. while posting any job.
- gain or attempt to gain unauthorized access (inter alia by hacking, password “mining” or any other means) to: (a) any portion or feature of the Website or any of the services or products offered on or through the Website which are not intended for you. (b) any server, website, program or computer systems of the Company and/or its Users.
- modify the services provided through the Website or their appearance using any technology or overlay any additional offering on top of such services or simulate the Website services or its functions in any manner whatsoever without explicit consent obtained in writing from us.
- use or attempt to use any automated program, software or system or any similar or equivalent process (including spiders, robots, crawlers etc.) to access, navigate, search, copy, monitor, download, scrape, crawl or otherwise extract in any manner, any data or content including but not limited to adding or downloading profiles, contact details, or send or redirect messages from the Website.
- scrape, download, replicate or otherwise extract any information or data from the Website (by any process, whether automatic or manual) to offer any products or services which are similar to or may in any manner compete with the products or services of the Company.
- circumvent or attempt to circumvent any technological protections used or employed by the Company or by any third party in order to protect the content on the Website and/or to exclude robots, spiders etc. from crawling and /or scraping content from the Website.
- circumvent or attempt to circumvent any service limits including but not limited to resume download limits.
- impersonate any other person or entity or make any misrepresentation as to your employment by or affiliation with any person or entity.
- forge headers or in any manner manipulate identifiers in order to disguise the origin of any user information.
- impose an unreasonable or disproportionately large load on the Website infrastructure.
- engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Website (or any part thereof) or providing deeplinks into the Website (or any part thereof) without prior permission of Company.
2.4 Our Content: The contents of the Website such as designs, text, graphics, images, video, information, logos, software, audio files etc. (“Content”), are proprietary to us and protected under copyright, trademark and other applicable laws. We expressly reserve all intellectual property rights in the entire Content on the Website including but not limited to all text, programs, products, processes, technology, images, illustrations, designs, icons, photographs, music or video clips, written and other materials, which appear on the Website. Information displayed or transmitted on the Website is protected by Indian and other copyright and intellectual property laws and is either owned by us and/or our licensors. This site is designed, updated and maintained by us and/or our licensors.
Access to this Website does not confer and shall not be considered as conferring upon anyone, any license under any of our or any third party’s intellectual property rights. You shall not copy, store, modify, publish, transmit, transfer, sell, reproduce, create derivative work from, distribute, repost, perform, display or in any way exploit any of the content available on the Website either in whole or in part. Any use of this Website or its contents, including copying or storing it or them in whole or part, other than strictly for your own personal non-commercial use is strictly prohibited without our prior express permission. You may not modify, distribute or re-post anything on this Website for any purpose. As a user of the Website, we however authorize you, subject to these Terms, to download and print a single copy of the Content from the Website solely for your personal, non-commercial use.
Our names and logos and all related product and service names, design marks and slogans are our trademarks or service marks and our property, and you shall not use or exploit the same in any manner whatsoever. No trademark or service mark license is granted to you in connection with the materials contained on this Website. Access to this Website does not authorize anyone to use any name, logo, or mark, which appear on the Website in any manner. References on this Website to any names, marks, products, or services of third parties or hypertext links to third party websites or information are provided solely as a convenience to you and do not in any way constitute or imply our endorsement, sponsorship, or recommendation of the third party, information, product or service.
2.5 Registration Information: When you register on the Website, you will be asked for certain information including, without limitation your name, address, contract details, email address etc. and a user name and password to gain access to the Website (“Information”). You shall be responsible for maintaining the confidentiality of your User Name, Password and other access information and for all activities that occur under your User Name. You agree to immediately notify us of any unauthorized use of your account.
You agree that if you provide any information that is untrue, inaccurate or incomplete or we have reasonable grounds to suspect that information provided by you is untrue, inaccurate or incomplete, and/or use of the Website is not in accordance with the Terms, we shall have and reserve the right to limit your activity or immediately temporarily/indefinitely suspend or terminate or block your membership and/or block access to the Website and also refuse to provide any products or services to you, at our sole discretion.
2.6 Your Content: You are solely responsible for your account information, content, messages or other information (“User Content”) that you submit, publish or display on the Website or transmit to others. By posting User Content you grant to us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, reproduce, modify, adapt, publish, translate, perform, display, communicate and distribute such User Content and to prepare derivative works of, or incorporate into other works (in any form, media, or technology) such User Content, and to grant and authorize sublicenses thereof.
2.7 Additional terms applicable to candidates: Any profile/resume you submit must be accurate. Please do not provide any telephone numbers, street addresses, email addresses or other means of contacting you in the profile/resume, other than as required while taking a membership of the Website. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any profile/resume or material contained therein. You understand and acknowledge that when your account is terminated (including due to prolonged inactivity) all your account information will be deleted from our databases.
On registration you agree to:
- a) Making your resume searchable to employers who use the Website. You may be contacted by employers via email, telephone and/or post.
- b) Receive job alert emails detailing jobs that match your profile as entered on the Website. If you wish to make yourself non-searchable or remove yourself from receiving job alert emails, you may change your settings in the Profile section of your account. We recommend that you read the profile settings carefully and GreenPepper will not be held responsible for contacts/mails received by you.
2.8 Accuracy of content and disclaimer: You acknowledge and agree that we act as a passive conduit for online distribution and publication of User Content and are neither obliged nor responsible to screen or monitor any User Content. However, we may at our sole discretion review, modify or delete any User Content that, in our sole judgment violates these Terms.
We do not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other communications posted by Users or endorse any opinions expressed by Users or quality, safety or legality of the jobs or profiles/resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings. You acknowledge that any reliance on material posted by other Users will be at your own risk. We will not be responsible for any errors or omissions or misrepresentation of any information in User Content. The Website provides services without any warranties or guarantees.
Employers are solely responsible for their postings on the Website. We are not an employer and shall not be responsible for any employment decisions.
We also assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect your equipment as a result of access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. We assume no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; and/or any interruption or errors in the operation of the Website.
We hereby expressly disclaim to the fullest extent possible under law, all warranties and representations or conditions whether express or implied (including without limitation, warranties or conditions in relation to accuracy, reliability, completeness of any content, information, software, text, graphics, links or communications provided on or through the Website) or that the operation of the Website will be error free and/or uninterrupted or as per your expectations. The use of the Website is at your own risk. We shall not be held liable to any person for any loss or damage, which may arise from the use of any of the information contained in any of the materials on this Website.
You hereby release us (and our agents and employees) from claims, demands and damages (actual and consequential and 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 to the fullest extent permitted by law.
We reserve the right to modify or remove any job posting or content from the Website, which in the reasonable in our discretion, does not comply with the above Terms, or if any content is posted that we believes is not in our best interest.
2.9 Indemnity: You agree to defend, indemnify and hold us (our employees, directors, officers, agents and their successors and assigns) harmless, from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions by using the Website or due to your breach of any of your representations, information or undertakings or the Terms or in relation to non-fulfilment of any of your obligations or arising out of your violation or breach of any applicable laws, rules or regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy.
2.10 Limitation of Liability: Without prejudice and notwithstanding anything contained herein, our total liability to you for all liabilities (for one or more incidents) arising out of use of the Website be it in tort or contract or otherwise shall be limited to the amount charged from you and in no event shall we be liable for any indirect, incidental, special, consequential or exemplary loss or damage, including but not limited to loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with use of the Website or its services.
2.11 Communication: When you visit the Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you primarily by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. When you submit your phone number along with your shipping address on the Website or request our call back, you also consent to receive all communications (including via messages) on that number for communication.
2.12 Reservation: We reserve the right to refuse service to anyone at any time. We reserve the right, in our sole discretion, to suspend or cancel the service at any time if a computer virus, bug, or other technical problem corrupts the security, or proper administration of the service.
2.13 Feedback, user comments and user generated content: All feedback, reviews, comments, postcards, suggestions, ideas, and other submissions disclosed, submitted to us on or by the Website or otherwise disclosed, submitted, or offered in connection with your use of the Website (collectively “Comments”) shall be and remain our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we shall own exclusively, all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display, and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Website will (1) not violate these Terms/ policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and (2) will not cause any mental injury to any person or entity. You further agree that no Comments submitted by you to the Website will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of ‘spam’. In such cases the Comments shall continue to be yours and we shall take no responsibility for the same. We do not regularly review posted Comments but do reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted on the Website. You grant us the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make, and you further agree to indemnify us, and our affiliates for all claims resulting from any Comments you submit. We as well as our affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
2.14 Governing Law and Dispute Resolution: All contractual obligations between us and you will be governed by the laws of India, subject to the exclusive jurisdiction of Courts in New Delhi only. All disputes (if not resolved within a period of 15 days) will be subject to arbitration in New Delhi to be conducted in English in accordance with the provisions of the Arbitration and Conciliation Act, 1996, by a sole arbitrator to be appointed by us. Each party to arbitration shall bear its own cost. The arbitral award shall be final and binding on the parties.
2.15 Term and Termination: These Terms will remain in full force and effect while you are a user of the Website.
In addition to the General Terms and Conditions, in case you are an Employer, you shall be deemed to have agreed and accepted and shall be bound by the terms and conditions of this Employer Terms. In case Employer violates these Terms, then GreenPepper at its discretion may suspend its Service to the Employer without any refund and also may take such action as it may be advised.
1.1 GreenPepper will charge a Fee as agreed with the Employer. Fee shall be non-refundable and exclusive of all taxes, cess, levies (including GST) but shall be subject to withholding taxes.
1.2 GreenPepper will commence providing services only upon receipt of Fee, or upon receipt of a duly filled Order Form.
1.3 In case payment is not received 45 days of activation of services, the services shall be deactivated until the date the payment is received, and Employer shall not be entitled to any refund or extension for the duration that the services are deactivated.
2.1 Service refers to GreenPepper’s job posting/resume search services. GreenPepper may change such features from time to time, in its sole discretion. GreenPepper will provide the Service to Recipient pursuant to its standard policies and procedures then in effect.
2.2 GreenPepper agrees to provide the Service to the Employer only for the duration contracted for to the best of its ability.
2.3 GreenPepper offers no guarantee nor warranties that there would be a satisfactory response or any response at all to Employer for candidates displayed on GreenPepper.
2.4 GreenPepper shall in no way be held liable for any information received by the Employer and it shall be the sole responsibility of the Employer to check, authenticate and verify the information/response received at its own cost and expense.
2.5 Any actions taken by an Employer based on the background check report or otherwise, is the Employer’s responsibility alone and GreenPepper will not be liable in any manner for the consequences of such action taken by the Employer.
2.6 Service is neither re-saleable nor transferable by the Employer to any other person, corporate body, firm or individual concern. Usage from third party premises/networks without prior written permission of GreenPepper is not permitted.
2.7 The Employer shall be assigned a password(s) by GreenPepper to enable the Employer to access all the information received through the software, but the sole responsibility of the safe custody of the password shall be that of the Employer and GreenPepper shall not be responsible for data loss/theft of data/corruption of data or the wrong usage/misuse of the password and any damage or leak of information and its consequential usage by a third party. GreenPepper undertakes to take all reasonable precautions at its end to ensure that there is no leakage/misuse of the password granted to the Employer.
GreenPepper reserves its right to suspend/terminate the services contracted for by the subscriber either prior to or during the contracted period without assigning any reason. In such an eventuality, any amount so paid for by the subscriber for this service, may be refunded by GreenPepper at a prorate basis to the subscriber at its discretion.
- Use of Service:
3.2 Employer shall:
- give an undertaking to GreenPepper that the jobs sought to be filled through GreenPepper are genuine and in existence at the organizations for which the jobs have been posted.
- ensure that each account and password assigned by GreenPepper shall be used by a single person only.
- ensure compliance with all applicable laws for the protection of the personal details of the users whose profiles are accessed by them through GreenPepper including but not limited to compliance the Telecom Commercial Communications Customer Preference Regulations, 2010 as also rules, regulations, guidelines, bye laws and notifications made there under, while accessing or feeding any resume/ insertion or information/data into the computers, computer systems or computer networks of GreenPepper.
3.3 Employer shall not:
- use the database for any purpose other than seeking employees.
- charge a fee from any person who is contacted through GreenPepper for processing of such person.