Terms of Use
I. Defined Terms:
Unless otherwise specified, the capitilised words shall have the meanings as
defined herein below:
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"Agreement” Shall mean and
include the completed application form, its attachment(s) and the terms and
conditions stated herein. It shall deemed to have been executed at New Delhi.
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“Company”: Is defined as
Dairyfoodprofessionals an existing sole proprietorship service agency having
its head quarters at 39/6823 A, Sree Sakthi, Allappat Cross Road, Ravipuram,
Kochi with its website address as “dairyfoodprofessionals.com”
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“Date of Commencement: Is the
date indicating the acceptance of the application by the user to the service.
It shall be specified by the company in it s notice to the user either through
e-mail or conventional mail.
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“Date of Termination”: Is the
date of expiry mentioned in the notice or/and the letter of termination.
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“Product Catalogue”: Contains
time to time information and description of the Services for the User provided
by the Company in writing or contained in the website
dairyfoodprofessionals.com.
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“Registration Data”: Is the
database of all the particulars and information supplied by the User on
initial application and subscription, including but without limiting to the
User' s name, telephone number, mailing address, account and email address.
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Words referring to masculine
include the feminine and the singular include the plural and vice versa as the
context admits or requires; and Words importing persons includes individuals,
bodies corporate and unincorporated.
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“Services”: Means the Services
to be provided by the Company to the User of dairyfoodprofessionals.com and
shall include the provision of following facilities:
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Service to the User wishing to
post resume or curriculum vitae for the purpose of seeking employment.
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Service to the User who wishes
to secure recruitment through dairyfoodprofessionals.com and its Internet
links.
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Service to the User who wishes
to insert advertisements at dairyfoodprofessionals.com.
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Service to the User who wishes to receive
advertisements and promotional messages on
www.dairyfoodprofessionals.com
and through emails.
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“dairyfoodprofessionals.com”: Is
defined as the Internet web site of the Company.
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”User": Is defined as an
individual or corporate subscriber for the Services and the signatory, whose
particulars are contained in the application form and includes his successors
and permitted assignees.
II. Commencement of Service
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The Service shall be deemed to
have commenced on the Date of Commencement.
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Hiring / employing through
dairyfoodprofessionals.com is available only to individuals/organisations who
can form legally binding contracts under applicable law.
III.Subscription Fees
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The applicable rate of the
Subscription Fees for the Service provided shall be such as mentioned in the
Product Catalogue / service terms or as may be prescribed by the Company from
time to time
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Liability for the Subscription
Fees shall accrue from the Date of Commencement.
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All individual Users who access
or make postings of information at dairyfoodprofessionals.com for the purpose
of seeking employment shall be exempted from the application of this clause.
IV. Payment
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Where Subscription Fees accrues
it shall be payable at or within such time as stated in the invoice(s) issued
by the Company to the User.
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The Subscription Fees shall be
paid by the User on demand or in advance or along with registration as
specified by the respective terms of service. In case if the user has not
paid the said subscription fee on demand or in advance or at the time of
registration or after that and if there is an accrual dispute for any reason
whatsoever, the user shall make the payment towards the Subscription Fees
accrued subject to the decision of the Company on the dispute.
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Any delay in the payment by the
User of any sums due under this Agreement, the Company shall have the right to
charge interest on the outstanding amount from the date the payment became due
until the date of final payment by the User.
V. Cancellation
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The company-dairyfoodprofessionals.com
shall reserve the exclusive right to
cancel any content whatsoever from being published or reflected on its website
or in any other mode. The cancellation charges payable to the User shall be at
the applicable rates laid down in the cancellation and refund policy which is
in vogue.
VI .Obligations of User/Subscriber
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The accuracy of the Registration
Data given to the Company on initial application for the Service shall be the
sole responsibility of the User.
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Any licenses, permits, consents,
approvals and intellectual property or other rights as may be required for
using the Service shall be obtained by the User at his own cost.
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The User will ensure compliance
with all notices or instructions given by the Company from time to time to
enable the use of the Service.
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The User understands and agrees
that User is responsible for all applicable taxes and for all costs that are
incurred in using the dairyfoodprofessionals.com service.
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The User shall be solely
responsible for all information retrieved, stored and transmitted through the
Service by him.
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The User shall keep confidential
and not disclose to any person the User’s password and user identification and
all activities and transmission performed by the User through his user
identification.
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The User shall immediately
notify the Company of any un-authorized use of the User’s account or any other
breach of security known to the User.
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The User shall promptly make the
payment to the Company towards the Subscription Fees as and when it becomes
payable.
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The User shall be responsible
for the set-up or configuration of his equipment for access to the Service.
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Dairyfoodprofessionals.com in
its sole discretion shall reserve the right to edit, modify and alter the
content. User agrees that the online advertisements placed with
dairyfoodprofessionals.com shall be reflected after 48 hours. The user further
agrees to the stipulated 48 hours processing .
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The User will indemnify
“dairyfoodprofessionals.com” for any action or claim committed/made by any
third party resulting from any information posted on the site by the user
or/and anybody else on his behalf.
VII. Prohibited Actions
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User is restrained from allowing
any person other than the authorised person(s) named in the application form
to use the Service
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The User undertakes s not to
resell or assign his/her rights or obligations under these Terms & Conditions.
User also agrees s not to make any unauthorized commercial use of the Service.
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The User shall use the Service
only for the purpose for which it is subscribed.
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The User shall comply with all
applicable laws (and shall not contravene any applicable law) of India
relating to the Services, including any regulation made pursuant thereto.
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The User shall not to print,
download, duplicate or otherwise copy, delete, vary or amend or use any data
or personal information posted by any User on dairyfoodprofessionals.com
except such data and information which is posted by the particular User
himself.
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The User shall not share the
Service with any person without the prior written approval of the Company.
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The User shall not use the
Service for any unlawful purpose including without limitation criminal
purposes.
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The Service shall not be used to
send or receive any message, which is offensive on moral, religious, racial or
political grounds or of an abusive, indecent, obscene, defamatory or menacing
nature.
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The User shall be prohibited in
persistently sending messages or make postings on dairyfoodprofessionals.com
to any other User or third party who access dairyfoodprofessionals.com without
reasonable cause or for causing any threat or/and harassment or/and annoyance
or/and anxiety or/and any other inconvenience whatsoever caused to any person.
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The User shall not infringe on
any intellectual property rights of any person or/and retain information in
any computer system or otherwise with an intention to do so.
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The User shall give out to the
company a non-exclusive, worldwide, royalty-free, irrevocable, sub-license
able (through multiple tiers) right to exercise all copyright and publicity
rights, in any existing or future media, known or unknown, over the material
or User Data displayed in your listings. For the purpose of this Agreement,
"User Data" shall mean all information (if any) submitted by the User to
dairyfoodprofessionals.com with the exception of trading data, credit card
numbers, checking account numbers, etc. "Individually Identifiable User Data"
shall mean that subset of "User Data" which can be reasonably used to identify
a specific individual such as their name, address, phone number, etc. The User
Data shall be deemed to be the property of dairyfoodprofessionals.com. The
User shall take all reasonable efforts to ensure that it is accurate and
complete and not misleading in any way.
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User agree s not make use of
anyone else's Information other than as necessary to complete any
dairyfoodprofessionals.com transactions in which you are involved.
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The User shall not violate, or
attempt to violate the security of Timesjobs.com and/or any web sites linked
to dairyfoodprofessionals.com or gain un-authorized access any information
regarded as private by other Users or persons, including but without
limitation to accessing data and information not intended for them or logging
onto a server or account which the User is not authorized to access,
attempting to probe, scan or test the vulnerability of a system or network or
attempting to breach security or authentication.
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The User shall be prohibited to
introduce post or transmit any information or software, which contains a
virus, worm or other harmful component into the internet or
dairyfoodprofessionals.com network system.
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In the event that the User
breaches any of the above mentioned covenants, the Company shall have the
right to delete any material relating to the violations without prior notice
to the User. The Company shall issue a warning to the User to discontinue any
activity which leads to the said violations and in the event the User
continues with such prohibited activity, the Company reserves the unilateral
right to suspend or/and deactivate the User’s access to the Service 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
User to recover the loss suffered by the Company and the harm caused to the
reputation of the Company, due to such violation by the User.
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The Users shall avail of the
dairyfoodprofessionals.com or any other related site for lawful purposes
alone. Transmission or/and distribution or/and storage of material or/and
conduct in violation of any applicable local or/and state or/and Central
or/and foreign law or/and regulation is prohibited. This includes without
limitation any unauthorized use of material protected by patent or/and
copyright or/and trademark or/and other intellectual property right, material
that is obscene or/and defamatory or/and libelous or/and constitutes an
illegal threat, or/and violates rights of privacy or publicity, or/and
violates export control laws. The User may use the information on our site
only to the extent necessary to facilitate dairyfoodprofessionals.com related
transactions.
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Dairyfoodprofessionals.com
strongly opposes SPAM, which floods the Internet with unwanted and unsolicited
email and deteriorates the performance and availability of the
dairyfoodprofessionals.com service. All forms of SPAM, or any other activities
that have the effect of facilitating SPAM, are strictly prohibited.
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Dairyfoodprofessionals.com also
prohibits the use of another Internet service to send or post SPAM to drive
visitors to your site hosted on or through Timesjobs.com systems, whether or
not the messages were originated by you, under your direction, or by or under
the direction of a related or unrelated third party.
VIII. Confidentiality & Security
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To protect the secrecy of his
user Identification and/or password the User shall take all such measures as
may be necessary (including but without limiting to changing his password from
time to time) and shall not reveal the same to any other person(s).
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Since a user identification is s
necessary to access the Service; the User shall use only his own user
Identification.
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It is agreed by the User that he
acquire s no rights to any mailbox number or/and the user identification
or/and circuit reference or/and any codes assigned to him by the Company. The
User further agrees that except as otherwise proved herein, the Company
reserves the right to change or/and re-assign the same to the User at its sole
discretion without being liable to the User for any kind of damages or/and
relief or/and any other consequence/s.
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In the event of theft or/and
loss of user identification or/and password or/and security word, the User
shall notify the Company immediately by telephone or/and personally
concurrently provide the Company with a written notice to that effect. The
User shall remain liable for use of the Services by any third party until such
theft or loss is s notified to the Company.
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The password and username being
made available to the customer shall be used only by the organization named by
the customer and the employee of the organization. The User shall take all
necessary pre-cautions to prevent un-authorized access or/and leakage of
username or/and password being provided by the Company to him.
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The user shall not use any
software to automatically download or/and extract either a complete or/and
partial resume from “dairyfoodprofessionals.com” database without prior
consent from dairyfoodprofessionals.com in writing.
IX. Maintenance
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The Company may at its sole
discretion and without assigning any reason whatsoever at any time deactivate
or/and suspend the User’s access to dairyfoodprofessionals.com and/or the
Services (as the case may be) without notice to carry out system maintenance
or/and upgrading or/and testing or/and repairs or/and other related work.
Without prejudice to any other provisions of this Agreement, the Company shall
not be liable for any loss or/and damage or/and costs or/and expense that the
User may suffer or incur, and no fees or/and charges payable by the User to
the Company shall be deducted or refunded or rebated, as a result of such
deactivation or/and suspension.
X. Termination
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Either party to this agreement
may terminate this Agreement by giving prior notice of 30 days in writing.
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It shall be on the discretion of
the Company that the period of notice of 30 days may be waived or a shorter
period of notice may be accepted in writing from the User.
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However, the Company
irrespective of clause 1 and 2 above may terminate this Agreement with
immediate effect, without prior notice to the User and without assigning any
reason/s whatsoever and further without any prejudice to any/all other rights:
(a)
if in the opinion of the Company, the User has breached any of the terms and
conditions of this agreement
or/and
(b) if, in the opinion of the Company or/and any regulatory authority, it is not
in the public interest to continue providing the Service to the User for any
reason or/and,
(c) if the User is declared a bankrupt or/and the User enters into any
compromise or arrangement with its creditors.
XI. Liabilities upon Termination
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If the Agreement is terminated
pursuant to clauses set out in X above, without prejudice to any other
remedies available to the Company, the User shall be liable for Subscription
Fees as applicable to the service contracted and as per the terms of such
services.
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The amounts due and payable to
the Company by the User upon termination shall be payable within 30 days of
the relevant Date of Termination.
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XII. Suspension of Service
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If any monies payable by the
User to the Company are not paid on the due date, the Company may without
prejudice to any other rights or remedies that may be available to it suspend
the Service provided to the User.
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When the Service subscribed for
is suspended, it shall be deemed to be terminated. The date shall be such as
stipulated by the Company and the User shall be liable for all the charges and
fees incurred up to the date.
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Upon subsequent payment by the
User of such monies as demanded by the Company, the Company may at its
discretion and subject to such terms as it deems proper, reconnect the
Service.
XIII. Violation of Terms &
Conditions
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If the company in its sole
discretion, determines that a violation of the Terms & Conditions has
occurred, dairyfoodprofessionals.com may pursue any of its legal remedies,
including but not limited to the immediate deletion of any offending material
from its site or/and cancellation of your account and/or the exclusion of any
person(s) who may have violated any Terms & Conditions.
Dairyfoodprofessionals.com could also pursue violators with claims that they
have violated various criminal and/or civil law provisions as applicable under
the relevant Acts/Rules, etc of the land. Dairyfoodprofessionals.com will
cooperate with any investigation by any Central or/and State or/and local body
or/and any court or/and tribunal having the competence to carry out the same.
Such cooperation may be without notice to the User. If Timesjobs.com believes
in its sole discretion that any advertisement or/and services may create
liability for dairyfoodprofessionals.com, dairyfoodprofessionals.com may take
any actions that it believes are prudent or necessary to minimize or/and
eliminate its potential liability, including but not limited to, the release
of User information. In sum, dairyfoodprofessionals.com reserves the right to
refuse service to anyone at any time, or/and to remove any listings or/and any
advertisements for any reason, and without notice.
XIV. Disclaimer
Disclaimer of Warranties: The User shall agree that use of the service is at the
user's sole risk. The service is provided on an "as is" or/and on an "as
available" basis. Dairyfoodprofessionals.com expressly disclaims all warranties
of any kind, whether express or implied, including, but not limited to the
implied warranties of merchantability, fitness for a particular purpose and
non-infringement.
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The Company/
dairyfoodprofessionals.com make s no warranty that the service shall meet
user's requirements, that the service shall be uninterrupted or/and timely
or/and secure or/and error free; nor does dairyfoodprofessionals.com make any
warranty as to the results that may be obtained from the use of the service or
as to the accuracy or reliability of any information obtained from the
service. Cancellations and alterations shall be effected only on the receipt
of application regarding the same in writing.
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There are no express
representations and warranties, whether express or implied, made by the
Company regarding the accuracy and/or quality of any information transmitted
and/or obtained through the use of the Services or dairyfoodprofessionals.com
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The Company shall not be liable
for any disclosure of information concerning the User’s account and/or
particular s nor for any error and/or omissions and/or inaccuracy with regard
to information so disclosed. In addition The Company shall further not be
liable for any loss or damages sustained by reason of such disclosure, weather
intentionally or inadvertently.
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In case the there is any loss of
information, caused due to any reason, weather as a result of any disruption
of service, suspension and/or termination of the Service, the Company shall
not be liable in any way for the same. Further the Company is s not
responsible for the accuracy, quality and/or contents of any information
available, received and/or transmitted through this Service.
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All information are accepted in
good faith and dairyfoodprofessionals.com accept no responsibility whatsoever
regarding the bonafide of the user, nor can any interviews be granted or/and
correspondence entered into regarding any advertisement published.
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The User shall ensure that while
using the Service, all prevailing and applicable laws, rules and regulations,
directly or indirectly for the use of systems, service or equipment shall at
all times, be strictly complied with by the User and the Company shall not be
liable in any manner whatsoever for default of any nature regarding the same,
by the User.
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The Company doe s not warrant
that dairyfoodprofessionals.com or any of the web sites linked to
dairyfoodprofessionals.com be free of any operational hazards or error s nor
that it will be free of any virus or/and worm or/and any other harmful
components.
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It is not the Company’s policy
to exercise any kind of supervisory or editorial control over and/or edit
and/or amend any data and/or contents of any e-mails and/or posting of any
information that that may b e inserted or/and made available or transmitted to
a third party in or through dairyfoodprofessionals.com and the User
acknowledges the same. The User acknowledges and agrees that the Company has
absolute discretion to refuse and/or suspend or/and terminate and/or delete
and/or amend any artwork, materials and/or information or/and content of any
data and/or information or/and posting so as, in the sole opinion of the
Company, to comply with the prevailing legal framework and/or moral
obligations as placed on the Company and in order to avoid infringing any
third party’s rights and/or any other rules and/or standards and/or codes of
practices that may be applicable to the posting or dairyfoodprofessionals.com
and/or the internet.
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Timesjobs.com is s not involved
in any transaction between any parties who uses our site. There are risks,
which the User assumes when dealing with people who might be acting under
false pretences and the same shall be borne by the User. The Company is a
venue only and do not screen or/and censor or/and otherwise control the
listings offered to other Users, nor does dairyfoodprofessionals.com screen
or/and censor or/and otherwise control the Users of its service.
Dairyfoodprofessionals.com cannot and doe s not control the behaviour of the
participants on this site. We cannot control whether or not Users of
dairyfoodprofessionals.com will complete the transactions they describe on our
site. It is extremely important that the user takes care throughout his
dealings with other people on this site. Dairyfoodprofessionals.com does not
accept or/and assume responsibility for the content or/and context of the user
comment areas and will not remove or/and edit postings to the public comments
areas once they are entered into the service, except to expire records or in
its sole discretion.
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If there is any dispute between
the Users/participants on this site, it is agreed upon by the
Users/participants that dairyfoodprofessionals.com ha s no obligation
whatsoever to b e involved in any such dispute/s. In the event that the user
has a dispute with one or more User/s or/and participant/s, the User hereby
undertake s not to make any claims or/and demands or/and damages (actual
or/and consequential) of every kind or/and nature or/and known or/and unknown
or/and suspected or/and unsuspected or/and disclosed or/and undisclosed,
arising out of or/and in any way related to such disputes and/or our service
against the Timesjobs.com or/and their officers or/and employees or/and agents
or/and successors.
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The User understands and agrees
that any information or/and material and/or goods or/and services obtained
through the service is done at user's own discretion and risk and that user
shall be solely responsible for any damage/s or/and cost or/and any other
consequence/s resulting from any transaction.
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No advice or or/and information,
whether oral or/and written, obtained by the User from
dairyfoodprofessionals.com or/and through or/and from the service shall create
any warranty not expressly stated herein.
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The Company’s total liability
under this Agreement in any circumstance shall be limited to the total amount
of fees or/and charges paid by the User to the Company for the period
immediately preceding two (2) months prior to the e incident giving rise to
the relevant claim.
XV. Limitation of Liability
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User agrees that neither
dairyfoodprofessionals.com nor any of its providers of information shall be
liable for any direct or/and indirect or/and incidental or/and special or/and
consequential or/and exemplary damages, resulting from the use or/and the
inability to use the service or/and for cost of procurement of substitute
goods or/and services or resulting from any goods or/and data or/and
information or/and services purchased or/and obtained or/and messages received
or/and transactions entered into through or/and from the service or/and
resulting from unauthorized access to or/and alteration of user's
transmissions or/and data or/and arising from any other matter relating to the
service, including but not limited to, damages for loss of profits or/and use
or/and data or other intangible, even if dairyfoodprofessionals.com has been
advised of the possibility of such damages. User further agrees that
dairyfoodprofessionals.com shall not be liable for any damages arising from
interruption, suspension or termination of service, including but not limited
to direct or/and indirect or/and incidental or/and special consequential
or/and exemplary damages, whether such interruption or/and suspension or/and
termination was justified or not, negligent or intentional, inadvertent or
advertent. User agrees that dairyfoodprofessionals.com shall not be
responsible or liable to user, or anyone, for the statements or conduct of any
third party of the service. In sum, in no event shall
dairyfoodprofessionals.com 's total liability to the User for all damages
or/and losses or/and causes of action exceed the amount paid by the User to
dairyfoodprofessionals.com, if any, that is related to the cause of action.
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The Company take s no
responsibility/liability whatsoever for shortage or non fulfillment of the
service/s on dairyfoodprofessionals.com or any other related site due to or
arising out of technical failure or/and malfunctioning or/and otherwise and
the User hereby undertakes that in such situation/s, the User shall not claim
any right/damages/ relief, etc against the Company for “Deficiency of service”
under The Consumer Protection Act or any other Act/Rules, etc.
XVI. Use of Information/Data
Supplied
The
User hereby agrees and irrevocably authorizes that the Company has the right to:
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Use for the company’s own
purpose, any data or/and information supplied by the User in connection with
this Agreement, and/or pass on such information to any other associated
companies or selected third parties.
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Retain all data or/and
information supplied by the User while using the Service to remain at
Timesjobs.com for the exclusive use of the Company in accordance with service
agreement with the user, notwithstanding any termination of the Agreement or
suspension of the Service to the User herein. Anything contrary to the above,
unless specifically put down in writing, following the termination or
suspension of the Service to the User, all such data and information shall
remain in the Company’s property, records and databases as the exclusive
property of the Company, for all times to come.
XVII. indemnity
User will defend, or at its option and settle any third party lawsuit or
proceeding brought against the Company based upon or otherwise any claim arising
from the fact that the User Content, Site and/or User features infringe any
copyright, trade secret or trademark of such third party and second, the
Company’s use of any User Content, provided that such use complies with the
requirements of the Agreement and third, the User’s use of the Services in any
manner inconsistent with or in breach of the Agreement; and/or fourth, any claim
alleging facts that would constitute a breach of User’s representations and
warranties mad e in this Agreement. Any such claim/proceeding if made directly
on the User shall promptly be communicated to the Company by the User with all
reasonable information, assistance and cooperation in defending the lawsuit or
proceeding. The User shall give the Company full control and sole authority over
the defense and settlement of such claim. The User may join in defense with
counsel of its choice at its own expense subject to the approval of the company.
The User unilaterally agree to indemnify and hold harmless, without objection,
the Company, its officers, directors, employees and agents from and against any
claims, actions and/or demands and/or liabilities and/or losses and/or damages
whatsoever arising from or resulting from their use of
dairyfoodprofessionals.com or their breach of the terms of this Agreement.
Indemnification shall be provided for any claim which shall arise and shall be
limited to payment by the indemnifying party (“User”) of all damages and costs
finally awarded for such claim, or settlement costs approved in writing by the
Indemnitor (Company).
XVIII. Confidentiality
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For the purpose of this
Agreement and attachments thereto and all renewals, “Confidential
Information” means all financial, commercial, technical, operational,
staff, management and other information, data and know-how relating to the
Project or to a party (the “Disclosing Party” herein the
Company ) or any other members of the Disclosing Party’s group of companies (
including, without limitation, as to products and services, assets, customers,
date and database, suppliers or employees), which may be supplied to or may
otherwise com e into the possession of the other (the “Receiving Party”,
herein the User ), whether orally or in writing or in any other form, and
which is confidential or proprietary in nature or otherwise expressed by the
Disclosing Party or by any of its Associates to be confidential, and not
generally available to the public.
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The Receiving Party shall keep
confidential and secret and not disclose to any third party the Confidential
Information nor any part of it, except to any of the Receiving Party’s
Associates, if required and upon prior permission in writing from the
Disclosing Party. The Receiving Party agrees to take all possible precautions
with regard to protecting confidential information from any third party and
shall ensure that all its Associates to whom such disclosure is made will act
in accordance with the terms of this Agreement as if each of them were a party
to this Agreement, and if required obtain a written statement from each of its
employees/associates having access to such Proprietary Information undertaking
to abide by the confidentiality conditions. All Proprietary Information shall
be kept separate and exclusive and at the usual place of business (or
residence as the case may be) of the Receiving Party.
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Further no use, reproduction,
transformation or storage of the Proprietary Information shall be made by the
User without the prior written permission of the Company, except where
required to be disclosed pursuant to any applicable law or legal process
issued by any court or the rules of any competent regulatory body.
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On request of the Disclosing
Party made at any time, including at the time of termination of this
Agreement, the Receiving Party shall deliver back to the Disclosing Party all
original documents, records, data and other material in the possession,
custody or control of the Receiving Party that bear or incorporate any part of
the Proprietary Information. The obligations of confidentiality set out in
this Agreement shall continue in force notwithstanding termination of this
Agreement for any reason whatsoever.
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All information and data
submitted by the User shall become the property of the Company. However all
such information shall be kept strictly confidential and the Company shall
not, subject to “Violation of Terms & Conditions” clause, release any such
data and information to any third party without the prior consent of the User.
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The User has access to only his
own data and information stored in the database at dairyfoodprofessionals.com
(subject to prior confirmation of identity) and nothing more. The User and may
edit or amend such data and information from time to time.
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All confidential information
(including name, e-mail address etc.) voluntarily revealed by the User in chat
and bulletin board areas, is done at the sole discretion and risk of the User.
If such information, collected by a third party is misused or results in
unsolicited messages from such third parties, then such actions are beyond the
use beyond the control and liability of Timesjobs.com and the company accept s
no responsibility or liability whatsoever for such actions.
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All copyright and/or know-how
and/or any other related intellectual property rights to the Service or
dairyfoodprofessionals.com shall become and remain the sole and exclusive
property of the Company and the User shall have no claims to the same. In the
event the User has contributed any content to Timesjobs.com in any manner
whatsoever, all intellectual property rights to the same shall become the
absolute property of the Company, including all intellectual property rights
and the User shall have no right or claim over the same, in any manner
whatsoever. In the event that the User during the term of his Agreement or any
time thereafter, uses such intellectual property in any other website or
related activity, the same shall be considered as an infringement of the
intellectual property rights of the Company and the Company shall have the
right to take recourse to whatever legal remedial action is required, in the
given facts and circumstances, the costs and peril of which will lie at the
end of the User..
XIX. Variation
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The right to amend vary or
change the terms and conditions contained herein and in the Services Guide at
any time exclusively rests with the Company, upon notice (in such form as may
be determined by the Company) to the User.
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This Agreement will be
periodically undated and the Terms and Conditions changed from time to time
and the changed or updated Agreement posted at dairyfoodprofessionals.com. The
User should visit the site periodically to review the latest Terms and
Conditions. For the avoidance of doubt, the User's continued use of the
Service constitutes an affirmation and acknowledgement of the amended terms
and conditions.
XX. Discontinuation or
Modification to Services
-
The Company reserves the
unilateral right to add to /and/or change and/or delete and/or end the Service
at anytime with or without notice to the User. Except for paid service, a
pro-rated refund shall be effected for the remaining unused period.
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There shall be no liability on
behalf of the Company to the User or any third party in case the Company
exercise its unilateral right to modify or discontinue the Service.
XXI.Notices
-
All notices shall b e in English
and in writing and (a) if sent to the User to the address identified on the
Application Form and (b) if sent to the Company to such address as provided in
writing for such notice purposes; provided, however, that all invoices and
payments shall be sent to the attention of The Company’s Finance department,
all legal notices shall be sent to the attention of the Company’s Legal
Department, and all other correspondence shall be sent to the attention of the
account manager specified by the Company. Notice shall be deemed given upon
receipt when delivered personally and upon received acknowledgment / written
verification of receipt from overnight courier and finally upon verification
of receipt of registered or certified mail
-
All notices from the Company
including notice of change to these Terms & Conditions or other matters
related to dairyfoodprofessionals.com will be done by displaying notices to
Users on the Service.
XXII. Non-exclusive Remedy
-
Termination or expiration of
this Agreement, in part or in whole, shall not limit either party from
pursuing other remedies available to it, nor shall either party be relieved of
its obligation to pay all fees that are due and owing under this Agreement
through the effective date of termination. Neither party shall be liable to
the other for any damages resulting solely from termination as permitted
herein.
XXIII. Waiver
-
The failure of
dairyfoodprofessionals.com to exercise or enforce any right or provision of
these Terms & Conditions shall not constitute a waiver of such right or
provision. If any provision of these Terms & Conditions is found by a court of
competent jurisdiction to be invalid, the parties s nevertheless agree that
the court should endeavour to give effect to the parties' intentions as
reflected in the provision, and the other provisions of these Terms &
Conditions shall remain in full force and effect.
XXIV. Entire Agreement
-
This Agreement shall constitute
the complete and exclusive agreement between the parties with respect to the
subject matter hereof, superseding any prior agreements, documents and or
communications regarding such subject matter. This Agreement may only be
modified, or/and any rights under it waived, by a written document executed by
the Company only. The right to change, vary or amend, however exclusively
rests with the Company.
XXV. Governing Law and
Jurisdiction
-
It is clarified that there is no
agency or/and partnership or/and joint venture or/and employee-employer or/and
franchiser-franchisee relationship between dairyfoodprofessionals.com and any
User of the Service.
-
The User agrees that regardless
of any statute or law to the contrary, any claim or cause of action arising
out of or related to use of the Service or the Terms & Conditions must be
filed within 30 days after such claim or cause of action arose or be forever
barred.
-
All information of whatsoever
nature received from the user is in good faith and is bonafide. The
information is believed to be true/ correct and complies with the laws of the
land.
-
This Agreement and any dispute
or matter arising from incidental use of dairyfoodprofessionals.com is
governed by the laws of India and the User and the Company hereby submit to
the exclusive jurisdiction of the courts at Cochin, India without regard to
its conflict of law provisions. User and dairyfoodprofessionals.com agree to
submit to the personal and exclusive jurisdiction of the courts located within
the State of Kerala, India.
XXVI . Acknowledgment and
Acceptance of Terms and Conditions
-
The terms and conditions appearing here above
consists of the entire agreement between the Party/User (as defined above )
and the Company (as defined above ) and replaces all previous
arrangements/schedules between the parties regarding the subject matter
contained hereinabove. By completing the registration process and/or checking
the “I have read and accept the
Terms of Use” box, you are
indicating your acceptance to the agreement and to be bound by all of the
terms and conditions of the Company as appearing hereinabove.
Please help us keep the
dairyfoodprofessionals.com site an enjoyable experience for all Users. If you
observe material or behavior that may violate one of the
dairyfoodprofessionals.com Terms & Conditions, please contact
dairyfoodprofessionals.com at contact@dairyfoodprofessionals.com.