1.1. Welcome to www.hrforyou.in including any web-pages, [domain(s) or sub domain(s)] thereof is the web-site (“Website”) owned and operated by HRforYOU, a division of Successwrks HR Solutions Private Limited (hereinafter "HRforYOU”, “we”, “us” or “our") having its registered office at 1402, DLH Park, Next to MTNL Staff Quarters, S.V. Road, Goregaon West, Mumbai 400 062, India.
1.2. Through the Website we intend to sell our services relating to human resources and other services as more particularly set out on the webpages of the Website.
2. ACCEPTANCE OF TERMS:
2.1. These Terms have come into effect immediately on you (1) accessing or using the Website or (2) indicating acceptance of these Terms when they are presented online, such as checking a box captioned as acceptance language or clicking an icon bearing an “accept” or similar legend.
2.2. Use of the Website is available only to persons who can form legally binding contracts under Indian laws. All persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 cannot use the Website. For example if your age is below eighteen (18) years or you are an un-discharged insolvent you are prohibited to use this Website or purchase of any services as set out in the Website or enter into any form of contract with HRforYOU. The Website is also not available to persons whose membership is suspended or terminated by HRforYOU for any reason whatsoever.
2.3. By deciding to browse the Website, you acknowledge that you have read and understood these Terms and signify your acceptance to be bound by them.
2.4. The Website also provides for certain customised and/or additional services (“Special Services”) for which you will have to contact HRforYOU at the contact details which are mentioned in the Website. To avail of the Special Services, you will have to enter into an off-line transaction with HRforYOU directly. The terms and conditions of the Special Services will be in addition to these Terms. In case of any conflict between the additional terms and conditions and these Terms, the additional terms and conditions will override these Terms.
2.5. If you want to ask us anything about the Terms or have any complaints on or about our Website, please e-mail us your query at email@example.com .
2.6. We may also require additional verifications or information before accepting any order. If you have provided us with your contact details such as mobile number, phone number or e-mail address, we will call you or send you an e-mail or use any other mode of communication for obtaining additional information from you to accept your order.
2.7. With respect to service(s) sold on the Website, you are required to pay by way of a payment gateway as provided in the Website. If for whatever reason, technical or otherwise, we do not receive the payment as per the amount specified on the Website, or if part payment is received from you, then we will inform you about the part payment and/or non-payment and advise you to pay the balance amount post which service(s) will be delivered.
2.8. HRforYOU processes one service delivery address per order. Therefore, if you would like to order several services, please treat these as separate orders.
3.4. HRforYOU reserves the right to modify or update these Terms including the Payment Options (as provided on our payment gateway) at any time without prior notice. Access to Website after any modification or revision of these Terms or any policy/policies shall also constitute your acceptance to be bound by such modified Terms or any policy/policies. If required by any Indian laws, the modified or revised Terms or any policy/policies shall be applicable to any services purchased or services availed prior to such modification or revision.
3.5. You acknowledge that these Terms including any modification(s) thereof constitute a valid contract between you and HRforYOU, even though it is in electronic form and is not physically signed by you and HRforYOU. You further acknowledge that these Terms govern your use of the Website and sale of the services through the Website. You will be bound by the Terms if you have not cleared payments due to HRforYOU.
3.6. If Indian courts, for any reason hold any of the condition of the Terms or policy/policies as invalid, void or unenforceable, to any extent or in any particular context, such condition of the Terms or policy/policies only shall be deemed to be severed/deleted only for such limited extent/context as determined by the Indian court provided however that, in such event these Terms or any policy shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by Indian laws, to the meaning and intention of the excluded condition of the Terms or policy/policies as determined by such Indian court and the validity and force of the remainder of this Terms shall not be affected.
3.7. Unless context otherwise requires, all policies whether in force presently or introduced subsequently shall be deemed to be part of these Terms. In case of any conflict between the Terms and any policy the provisions of Terms shall apply except the additional terms and conditions as contemplated under Clause 2.4 of these Terms.
4.1. HRforYOU will endeavour to provide you with the best prices possible on the services. However, HRforYOU does not guarantee that the price will be the lowest in the territory from where you are accessing the Website. The prices mentioned on the Website are not subject to comparison with the same or similar service(s) being availed by you from HRforYOU by an offline/ face-to-face transaction.
4.2. The pricing is subject to HRforYOU’s internal pricing policy and the prices shall be determined only at the sole discretion of HRforYOU. Thus, the prices are subject to change at any time, without any notifications. Further the prices and availability of the service(s) are liable to change without any prior notice from HRforYOU.
4.3. All references to ‘Rupee/INR’ on the Website refer to Indian currency. Prices mentioned on the Website for domestic sale i.e. sale of service(s) within India shall be different from the prices of similar products/services intended for international sale i.e. outside India due to factors such as taxes and levies, etc.
4.4. Unless otherwise mentioned, the price displayed on the Website for any of the service(s) in INR/Rs represents the full price of the service(s) to be rendered in India.
4.5. If you are an international client then you are required to directly get in touch with HRforYOU for availing of any of its services as set out in its Website.
4.6. For domestic transaction, all taxes and duties are included in the price of the product/service set out on the Website.
4.7. For international transaction, the prices will be exclusive of taxes. As the recipient of the service, you are liable for all local taxes levied by the country. Payment of these is necessary for the rendering of service(s). We are unable to advise what amount this would be as duties vary from country to country. For more information, please write to us on firstname.lastname@example.org .
5. LIMITED USAGE OF WEBSITE:
5.1. All intellectual property rights in the Website and the proprietary rights of the Website are owned by HRforYOU. It is further clarified that the Website including all contents on the Website such as software, images, photographs, graphics, text, description, logos, program, database, icons, etc., is owned by HRforYOU. You shall not use or copy or modify or reproduce or display or publicly perform or distribute the contents of the Website in its entirety or in any part including images, photographs, graphics, text, description, logos, etc., of HRforYOU in any manner without prior written permission from HRforYOU.
5.2. HRforYOU grants you a limited, revocable and non-exclusive license to access and make personal and non-commercial use of this Website, but not to download (other than page caching) or modify or reproduce, display, publicly perform, distribute, or otherwise use the Website or any portion of the Website. It is clarified that limited license to access Website shall however exclude:
i any commercial use or derivative use of the Website or of its contents by you; or
ii any extraction, reproduction, duplication, downloading or copying of any whole or part of the contents of Website including the description and/or prices of any of the services for any purpose by you; or
iii any extraction, reproduction, duplication, downloading or copying in any manner, any information, either in whole or in part for the benefit of third parties by you; or
iv any reverse engineering, distribution, transfer, transmission, publication, sale, resale, display or licensing any Information available on the Website by you.
5.3. HRforYOU reserves itself right to temporarily or indefinitely suspend or terminate your contract and refuse to provide you with access to the Website without any liability if you make any unauthorised use of the Website or breach these Terms or violate any applicable Indian laws while accessing Website or availing services from HRforYOU.
5.5. You agree that you will not use the services provided by HRforYOU for any unauthorized and unlawful purpose. You will not impersonate another person, including, without limitation, a service provider, a customer or user.
6. ACCESS TO WEBSITE:
6.1. Website and any service made available on the Website, in whole or partially, may not be available from time to time for any reason including, without limitation, upgrading of the Website/technology, introduction of new service(s), computer resource repairs and Website maintenance, etc.
6.2. In no event shall HRforYOU be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
i use or the inability to use or delay in use of the Website;
ii unauthorized access to or alteration of the user's transmissions or data;
iii any other matter, including without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website;
iv provision of or failure to provide access to Website or any information relating to the services through the Website;
v non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or pursuant to directives from government authorities or for any reason beyond HRforYOU’s control.
6.3. Interruptions in the Website shall not serve as a basis to terminate your subscription or demand in full or partial refund of any prepaid fees or any reductions in future fees.
7. CHANGES TO WEBSITE CONTENTS:
7.1. HRforYOU, its consultants, contracted parties, technology partners make no representations or warranties about the accuracy, reliability, suitability, timeliness, up-gradation and/or wholeness, of any content, graphics, images, information, software, text, audio, video, links or communications provided on or through the use of the Website or that the operation of the Website will be error free. While HRforYOU uses reasonable efforts to keep the Website accessible and error free, but HRforYOU cannot guarantee the same.
7.2. Changes are periodically made to the Website, service(s) and to the information/contents of the Website. HRforYOU and/or its respective suppliers may make improvements and/or changes in the Website, service(s) at any time without any prior intimation or any liability to anyone.
8. USER ACCOUNT, PASSWORD, SECURITY AND COMMUNICATION:
8.1. If you wish to avail of any service(s) available on the Website, you need to create an account with a password and account designation upon completing the Website's registration process. You can also register using your Facebook and LinkedIn accounts.
8.2. Please ensure that the details provided to us during registration process are correct and complete. Please keep your details updated for any changes that you provided when registering.
8.3. If you are registering as a business entity (i.e. limited company, partnership, limited liability partnership, trust, society, association of persons, etc.), you represent that you have the authority to bind such entity which you are representing with these Terms.
8.4. You will not provide false information about you or anyone else (including, without limitation, when you are being asked on the Website to provide accurate information about your age), and you will not impersonate or appear to impersonate anyone else or otherwise misrepresent your affiliation with any person or entity.
8.5. You are solely responsible for maintaining the confidentiality of the password and account details. You shall be fully responsible for all activities that occur through your account. HRforYOU shall not be liable to any person for any loss or damage arising as a result of your failure to maintain confidentiality of your account details, password and even comply with these Terms.
8.6. If you know or suspect that there has been an unauthorised use of your account or password you shall immediately notify HRforYOU of any such unauthorized use of your account or password or any other breach of security.
8.7. If HRforYOU has a reason to believe that there was an unauthorised access of your account or misuse of the Website, we may, for security reasons either (i) request you to change your password or (ii) we may suspend your account without any liability to HRforYOU.
8.8. You understand that HRforYOU will never ask you to disclose or share your password. Please ignore any such e-mail or correspondence requesting disclosure of your password.
8.9. You also agree and confirm as under:
i While registering yourself, you shall provide accurate, correct, complete and up to date information about yourself as requested over the Website. Please note that sale of service(s) to be rendered to you will be dependent upon the Information provided by you. Thus, HRforYOU will not be responsible if the information provided by you is inaccurate, false, incomplete or not up to date;
ii If HRforYOU reasonably doubts that Information provided by you is inaccurate, false, incomplete or not up to date in accordance with the Terms, HRforYOU reserves itself right to temporarily or indefinitely suspend or terminate your membership and refuse to provide you with access to the Website without any liability.
iii HRforYOU has the right to verify and confirm the Information provided by you at any time. If upon verification it is found that the Information shared with HRforYOU is inaccurate, false, incomplete or not up to date in accordance with the Terms, HRforYOU reserves the right to temporarily or indefinitely suspend or terminate your membership and refuse to provide you with access to the Website without any liability.
iv If there is change in any registration Information provided by you, you shall promptly update the same on the Website.
8.10. Multiple users are not permitted to share the same/single log-in.
9. REVIEWS, COMMENTS, FEEDBACK, ETC.:
9.1. HRforYOU invites you to post your reviews, comments, feedbacks, suggestions, convey ideas and other submissions (collectively “Views”) on the Website or by letters, e-mails or by posts on HRforYOU social media pages as long as the same is not violating any Indian laws and in accordance with these Terms.
9.2. For avoidance of doubt, Views on the content of the Website are individual opinions of the visitors based on their knowledge or experience. Thus, these Views are personal opinions of the author. HRforYOU neither subscribes to them nor does HRforYOU assume any responsibility or liability for the same.
9.3. If you post Views on the Website which violate Indian laws or are contrary to these Terms, HRforYOU, without any liability or prior intimation, reserves the right (but not an obligation) to remove, delete, edit or refuse to retain on Website any such View that in the sole judgment of HRforYOU violates these Terms or any Indian laws. HRforYOU may, if deemed fit, even suspend your access or deny you an access to the Website. Further you also agree to indemnify HRforYOU for any loss suffered by HRforYOU including lawyers’ fees due to your failure to abide by these Terms.
9.4. If you post Views on the Website or social media pages of HRforYOU or send your Views by e-mail/letter, unless indicated otherwise, you agree:
i All Views shall remain property of HRforYOU and HRforYOU shall have irrevocable, perpetual and worldwide intellectual property rights in the Views. Thus HRforYOU has exclusive, royalty-free and fully sub-licensable rights to commercially exploit the Views.
ii HRforYOU will be entitled to display, distribute, disclose, reproduce, modify, adapt, publish, translate, create derivative works from such Views throughout the world in any media for any purpose whatsoever, without any restriction and without any need to compensate you;
iii HRforYOU and its associates, consultants, contracted parties have the right to use the name that you submit in connection with such Views, if deemed fit; and
iv You agree to waive your rights to be identified as the author of such Views;
9.5. You represent and warrant that the Views submitted on the Website are your personal Views and do not violate any Indian laws or do not hurt any person or entity including that the Views are not defamatory.
9.6. You agree to indemnify HRforYOU and its associates, consultants, contracted parties, etc. for any claim against HRforYOU or its associates due to posting of Views on the Website in breach of these Terms or any of these representation and warranties or any applicable Indian laws.
9.7. You shall agree to comply with the following code of conduct in your use of the Website:
- Be polite and courteous. Respect and treat others as you would expect to be treated yourself.
- Respect your audience. Posts should not upset, annoy, threaten, harass, abuse or embarrass other members.
- Posts may not include material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Lively and collegial discussions are always encouraged in a healthy community. It is okay to argue facts but not okay to argue personalities or personal beliefs.
- Do not use text formats such as all caps or bold that may be read as annoying, rude or send a strong message.
- Avoid using abbreviations or terminology that others may not understand. An abbreviation may mean something to you but in another context or country, it may have another meaning.
- Be accountable for your actions by correcting your mistakes and indicating where you have changed a previous post of yours.
10. YOUR OBLIGATIONS:
10.1. You agree and accept, interalia, the following:
i You will abide by all intellectual property right notices, information, and restrictions contained in or associated with any of the products or service or the Website content;
ii Any services rendered by HRforYOU, its affiliates, any contractors, will be used by you for lawful purposes only and intended use of the services shall comply with all applicable Indian laws.
iii You shall monitor and restrict use of Internet by minors including minor’s access to the Website. You accept full responsibility for any unauthorized use of the Website by the minors including use of your credit card(s), debit card(s) or other payment instrument (e.g. PayPal) by minors to place any orders on Website.
iv If you become aware of any violation of these Terms by any person, including other users or third parties, you must immediately notify HRforYOU via e-mail to email@example.com .
10.2. You agree and accept that, amongst others, you shall not, directly or indirectly:
i Breach any applicable Indian laws or these Terms while using the Website, purchasing any service through Website or while availing any services from HRforYOU;
ii Access the Website using a false identity or on behalf of anyone else other than yourself.
iii Use HRforYOU’s Website or its product(s)/service(s) for non-personal use or for commercial use for example: use of the contents on the Website for any advertisement or solicitation or for gathering or transferring services purchased from Website for further sale.
iv Portray HRforYOU, its service(s) in an offensive, hateful, defamatory, inaccurate or false manner.
v Commit or omit to do anything which will adversely tarnish goodwill or reputation of HRforYOU, its associates, contracting parties, suppliers/designers, etc.;
vi Gain or attempt to gain any unauthorised access to the Website or interfere with or attempt to interfere with any person’s use or enjoyment of the Website or any parts thereof or disrupt or attempt to disrupt in any way the operation of the Website or any parts thereof;
vii Create or submit a submission including any View that is unlawful, grossly offensive, obscene, defamatory, libelous, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any applicable Indian laws, rules, regulations or regulatory guidelines under the laws of India or that infringes or violates other parties' privacy rights or links to infringing or unauthorized content or pornographic content.
viii Send on behalf of HRforYOU spam, chain-letters, pyramid schemes or any other unsolicited or unauthorized advertising or promotional materials to anyone including existing customers/designers of HRforYOU or users of the Website;
ix Harass, bully, stalk, harm, defame or disparage or otherwise cause mental or physical distress or injury to anyone, or engage in any other unlawful or objectionable conduct while using the Website, purchasing any product through the Website or while availing any services from HRforYOU;
x Use the Website or purchase any service through Website or avail any services from HRforYOU to collect, obtain, compile, gather, transmit, reproduce, delete, revise, view, display, forward, any material, data or information, whether personally identifiable or not, posted by or concerning any other user of the Website;
xi Violate any of the intellectual property rights or proprietary rights of HRforYOU, its licensors, its associates, contracted parties, or any third party, etc. while using the Website, purchasing any service through the Website or while availing any services from HRforYOU;
xii Use software or applications such as bots, crawlers, spiders, offline readers or other automated systems to access or use the Website for illegitimate purpose or for Gain or attempt to gain any unauthorised access to the Website or interfere with or attempt to interfere with any person’s use or enjoyment of the Website or any parts thereof or disrupt or attempt to disrupt the operation of the Website or any parts thereof. For avoidance of doubt, HRforYOU reserves its right to prevent anyone from using such software or application even if these software or applications are harmless;
xiii Misrepresent or suggest, whether expressly or impliedly, about your association with HRforYOU as anything other than the user of Website or purchaser of HRforYOU’s service(s);
xiv Transmit any material that contains adware, malware, spyware, software viruses (such as time-bombs, cancel-bots, worms, trojan horses), or any other computer code, files, or programs designed to interfere, disrupt, interrupt, destroy, or limit the functionality of the Website, any computer software or hardware or telecommunications equipment of HRforYOU;
xv Remove, alter, interfere with or circumvent any digital rights management mechanism, device or other content protection or access control measure (including, without limitation to geo-IT filtering and/or encryption) associated with the Website or any Service feature.
11.1. Subject to these Terms, HRforYOU hereby grants you a revocable and non-exclusive right to create a hyperlink to the home page of the Website. However, you will not embed, republish, maintain and/or display any Website contents (including without limitation, any images, videos, graphics relating to products displayed on Website, your Views submitted on Website, etc.) on any personal social media or other website or other Internet location.
12.1. If you breach the Terms or any policy and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach the Terms or any policy.
12.2. HRforYOU shall not be deemed hereby to have given any authorisation or deemed to have waived any rights or remedies it may have in law or equity or under these Terms or under any policy, unless and only to the extent, it does so by a specific writing signed by a duly authorized officer of HRforYOU.
13. INDEMNITY AND RELEASE:
13.1. You shall indemnify and hold harmless HRforYOU, its subsidiaries, associates, consultants, contracted parties, etc., and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms or any policy/document incorporated by reference or your violation of any laws, rules, regulations or the rights of a third party.
13.2. You hereby expressly release HRforYOU and/or its associates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
14. FORCE MAJEURE:
14.1. Neither party will be held liable for any loss or failure to perform any obligation (other than your payment obligation where you are still receiving all or part of any services purchased or services availed under these Terms), due to events such as storms, tsunami, fire, floods, earthquake, outbreak of any contagious diseases, or any other acts of God or any governmental act or industrial dispute(s), strikes, labour unrest, civil commotion, riots, terrorist attack, war, poor environment/weather conditions, mechanical break-down, obstruction of any public or private road/highway, of any circumstances (other than insolvency of the party) beyond any party’s reasonable control (“Force Majeure event”).
14.2. Party affected by Force Majeure event shall immediately send a written notice to the other party of occurrence of Force Majeure event. If the Force Majeure event continues for more than 3 months from the date of placement of purchase order for any service(s), either party may cancel the purchase order immediately by giving the other party a written notice of the termination of contract.
14.3. In case of termination of contract under this clause, you further agree to make payment for the service(s) so delivered or services so availed prior to occurrence of the Force Majeure event.
15.1. HRforYOU can terminate the contract with the service recipient by giving 3 (three) months prior written notice to the service recipient.
15.2. The agreement may be forthwith terminated by HRforYOU:
(a) if the service recipient is/are unable to pay its/their debts when due under the Indian laws; or
(b) if a receiver, manager, administrator or trustee is appointed over any of the assets of the service recipient; or
(c) if an application is made for the winding up or dissolution of the service recipient or for declaring the service recipient as an insolvent; or
(d) any representation of the service recipient is incorrect and/or misleading (as the case may be); or
(e) if there is any change in the ownership, control or management of the service recipient;
15.3. By HRforYOU on giving thirty (30) days’ notice if the service recipient is in breach of these Terms or of any of its payment obligations and if the breach is not remedied within thirty (30) days after the service recipient receives the notice of breach.
16. GOVERNING LAW AND JURSIDICTION:
16.1. Terms and any policy shall be governed by and construed in accordance with the laws of Republic of India.
16.2. Any dispute or difference either in interpretation or otherwise, of any conditions of the Terms hereto, the same shall be referred to an independent and sole arbitrator who will be appointed by HRforYOU and arbitrator’s decision shall be final and binding on the parties in dispute. The above arbitration shall be in accordance with the (Indian) Arbitration and Conciliation Act, 1996 as amended time to time. The seat of arbitration shall be Mumbai and the arbitration proceedings shall be in English. The cost of arbitration shall be borne equally by all parties to arbitration.
16.3. Subject to above clause, you further agree, as we do, to submit to the exclusive jurisdiction of the courts at Mumbai.
17. NOTICES AND COMMUNICATION:
(a) Any notice to HRforYOU under this Agreement may be delivered by prepaid post to following address HRforYOU, A division of Successwrks HR Solutions Private Limited, 1402, DLH Park, Next to MTNL Staff Quarters, S.V. Road, Goregaon West, Mumbai 400 062, India.
(b) HRforYOU shall send notices to you electronically to the e-mail address provided by you or may send a physical notice either by recognized courier service or prepaid post to the address provided by you at the time of registration or while placing order. For avoidance of doubt, it is clarified that sending of notice by HRforYOU either by e-mail or prepaid post/courier service shall be deemed to be valid and effective service of notice by HRforYOU.
(c) Without prejudice to the above, you will be required to provide a valid phone number while placing an order with us. HRforYOU may communicate with you either by e-mail, short message services (SMS), phone calls or by posting notices on the Website or by any other mode of communication to fulfill your order. Thus for contractual purposes, you consent to receive communications including SMS, e-mail or phone calls from us with respect to your order.
18.1. HRforYOU requests you to abstain from referring HRforYOU to your friends or relatives who do not wish to avail our services.
18.2. HRforYOU request you to abstain from providing wrong, invalid or fictitious e-mail address and thereby cause HRforYOU send invitations to wrong recipients. You agree to indemnify HRforYOU for any harassment claim made against HRforYOU due to such wrong, invalid or fictitious e-mail addresses provided by you.
18.3. HRforYOU reserves to set out separate terms and conditions for Special Services offered by HRforYOU on its service(s).
18.4. In case of a conflict in Terms, the decision of HRforYOU shall be final and concluding, and you irrevocably withdraw your right to make any claim or demur on this ground.
18.5. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer resource or loss of data that results from the download of such material and/or data.