TERMS AND CONDITIONS
- Empzilla offers career auxiliary services. All Empzilla trade names, trademarks, logos, domain names including without limitation www.empzilla.com, all content on Empzilla, are the exclusive property of Empzilla.
The following definitions apply to the Terms and Conditions:
- "Content" includes all Text, Graphics, Design and Programming used on the Web-site.
- "Document" refers to any posting to a Site.
- "Graphics" includes all logos, buttons, and other graphical elements on the Web-site, with the exception of paid advertising banners.
- "Job Seeker" means a User who is accessing the web-site to search for a job.
- "Services" means any services provided by Empzilla and/or its agents.
- "Text" includes all text on every page of the Web-site, whether editorial, navigational, or instructional.
- "User" refers to any individual or entity that uses any aspect of the Web-site.
B. User Agreement.
- By visiting or interacting with the Service, Users agree to these Terms, Rules and Regulations, User Agreement, as well as Empzilla's Disclaimer (the "Disclaimer"), available at www.empzilla.com, which are incorporated herein by reference. Users that refuse to comply with any of these Terms, Rules and Regulations, Disclaimer or User Agreement are not eligible to use the Service and must log off the Website immediately. Empzilla reserves the right, in its sole discretion, to amend or revise these terms and conditions at any point of time, without prior notice and the User agrees to be bound by such amendments or revisions. It is therefore suggested that the User must periodically review the updated version of these terms and conditions, Rules and Regulations, User Agreement, as well as Empzilla's Disclaimer at www.empzilla.com/disclaimer.
- Further, the User hereby expressly agrees that he/she has no objection upon receiving any call/SMS/Communication by Empzilla, any third party on its behalf or any other party authorized by Empzilla, which is communicated to the User with regard to the Empzilla Services like Career auxiliary Services. Notwithstanding the User's registration with National Do Not Call Registry (In Fully or Partly blocked category under National Customer Preference Register set up under Telecom Regulatory Authority of India), the User hereby expresses his interest and accord, his willful consent to receive communication (including commercial communication) in relation to Empzilla Services. The User further confirms that any communication, as mentioned hereinabove, shall not be construed as Unsolicited Commercial Communication under the TRAI guidelines and User has specifically opted to receive communication in this regard on the telephone number provided by the User.
- Users should periodically review the most up-to-date versions of each of these Terms, Disclaimer, Rules and Regulations and the User Agreement. The User's use of the Service following any such modifications will signify his/her assent to and acceptance of the revised Terms, Disclaimer, Rules and Regulations and User Agreement.
A. Scope of the Terms.
- These Terms apply to all Users, including Users who benefit from the Service to create, update, edit, format and export any content on the Service (collectively, "Content") using the tools offered through the Service.
- Users may use the Web-site only for lawful purposes within the stated context of Empzilla's intended and acceptable use of the Web-site. Empzilla is the sole interpreter of the Web-site's intended and acceptable use.
- Empzilla is a service provider. Empzilla does not and cannot guarantee any job or job offering, under any circumstances whatsoever and (shall not be held liable in any manner whatsoever, for any of the information posted on this website.)
- Empzilla does not and cannot guarantee that the users will get an interview or a job by using the instructions provided on this site or by availing career auxiliary services. The user's success in getting a job is a complex phenomenon which is dependent upon a variety of factors, parameters and variable elements and will entirely depend upon the time and effort put into by user and upon his subject skill sets, personality, education, qualifications and other abilities. The user agrees and acknowledges that Empzilla does not guarantee that following advice on this site or availing career auxiliary services shall help the user in his/her career or in getting a job. The user further absolutely and unequivocally agrees that Empzilla does not offer or guarantee the getting of any job to its user and that the user shall never make Empzilla responsible or liable in any manner whatsoever, in the event of the failure of the user to get any job, after subscribing to or using the various services provided by Empzilla.
- It is hereby clarified that the material contained on this website is provided for general information purposes only and do not constitute legal or other professional advice on any subject matter.
- Empzilla reserves the right to modify, suspend, cancel, discontinue or terminate any/all of the Services of the web-site or reject any or all entries/blogs at their absolute discretion without giving any prior notice and without assigning any reason whatsoever and without any liability to the User.
B. Third-Party Providers.
- Empzilla may provide the Service using third party providers, including business associates, subcontractors and consultants (the "Third Party Providers"). Users hereby agree that Empzilla will have sole responsibility for handling all billing and contract negotiations by and between it and its Third Party Providers.
C. Third-Party Web-site.
II. Empzilla Accounts, Payments, Subscriptions, Cancellations and Refunds.
A. Empzilla Accounts.
- To access certain features of Service, Users must create a Empzilla account by entering login information manually or by importing third-party login information from an external provider. When creating an account, Users must provide accurate and complete information. Users are solely responsible for the activity that occurs on their accounts, and Users must keep account password secure. Users must notify Empzilla immediately of any breach of security or unauthorized use of their respective accounts.
B. Subscriptions and Cancellations.
- Users that create a Empzilla account and subscribe to use the Service shall pay the relevant applicable subscription fee ("Subscription Fee"). Users may cancel their subscriptions at any time. However, Users that cancel their subscriptions are eligible to receive a refund on the basis of the Empzilla Refund Policy.
- The user agrees that Empzilla reserves the right and flexibility to collect payments for the various services provided by the website from the users, either directly or indirectly through intermediaries, business partners and associates on such terms as it may deem fit and proper.
- The user out of his/her own will and volition and without any outside force, coercion or influence of any kind whatsoever, has chosen to make payment to Empzilla, whether directly or indirectly, for the purposes of subscribing and using their various services.
D. Cancellation and Refund Policy.
- Since Empzilla is offering its services on the website www.empzilla.com, Empzilla recognizes the intrinsic right of the user to cancel his/her subscription to the services of the website and hence adheres to the following refund policy:
- Cancellations will be considered only if the request is made within 24 hours of placing an order. However, the cancellation request will not be entertained if the orders have been communicated to the vendors/merchants and they have initiated the processing of the order.
- No cancellations of orders are entertained post usage of the specific service (credits purchased for interaction with other users of the website).
- No cancellations are entertained for those products that the User has purchased on special occasion offers and special discounts and therefore cancellations are not possible.
- In case User feels that the product received is not as shown on the site or as per Users expectations, User must bring it to the notice of our customer service within 24 hours of receiving the product. The Customer Service Team after looking into the User's complaint will take an appropriate decision.
- Refund will be settled in 30 working days from the request received.
III. Permissions and Restrictions on Use of the Service.
Any user using any digital resource of the website/ Empzilla shall not host, display, upload, modify, publish, transmit, update or share any information that —
(a) belongs to another person and to which the user does not have any right to;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
(c) harm minors in any way;
(d) infringes any patent, trademark, copyright or other proprietary rights;
(e) violates any law for the time being in force;
(f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(g) impersonate another person;
(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(i) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
Subject to the aforesaid provisions, Empzilla hereby grants Users permission to access and use the Service as set forth in these Terms, provided Users adhere to the following:
A. Copy and Distribution.
- Users agree not to copy, duplicate, download, aggregate, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content or any other part of the Service in any medium for any other purposes without Empzilla's prior direct authorization or unless Empzilla so expressly authorizes through functionality offered by the Service. Empzilla and its licensors reserve all rights not expressly granted in and to the Service and Content.
B. Commercial Use.
- Users agree not to use the Service for any commercial purpose, including but not limited to use on behalf of or for third parties, or to give access to their account to third parties.
C. Modifying the Service.
- Users agree not to alter or modify any part of the Service, except that that each User may modify or remove Content it has contributed.
D. Accessing Content.
- Users agree not to access Content through any technology or means other than the Service itself or other explicitly authorized means Empzilla may designate.
- Users permit Empzilla to deliver to Users, and Users agree to receive updates designed to improve, enhance and further develop the Service which, by way of example, may take the form of bug fixes, enhanced functions, new software modules and completely new versions.
F. Harvesting and Solicitation.
- Users agree not to collect or harvest any personal information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. Users agree not to solicit any User for commercial purposes with respect to their Content.
G. Discontinuation of Service.
- Empzilla reserves the right to modify or discontinue any aspect of the Service in its sole discretion at any time.
IV. Governing Laws.
- The user hereby acknowledges the fact that the website, Empzilla is only intermediaries under Section 2(1) (w) of the Information Technology Act, 2000. This is so as they are legal entities, who on behalf of their customers, with respect to any particular electronic records, receive, store or transmit the said records as also provide any service with respect to that records. The services that are being provided by Empzilla relate to third party data. Further, since Empzilla provides the services of career auxiliary services, they provide the said services on the networks of computers, computer systems and hence they also become network service providers. The said service is hence provided by both Empzilla and/or our associates in the capacities of an intermediary under the Information Technology Act, 2000. This is so as the said customer information is third party information within the meaning of Explanation to Section 79 of the Information Technology Act, 2000.
- That further, the website, Empzilla has limited function in their capacities as intermediaries which is limited to providing access to a communication system over which information is made available by third party customers is transmitted or temporarily stored or hosted.
- The user hereby specifically undertakes and agrees that the website, Empzilla does not initiate the transmission, select the receiver of transmission and select or modify the information contained in the transmission.
- The user further agrees that the website, Empzilla has done their documented due diligence as envisaged under the relevant law prevailing for the time being in force. The present services are being offered by the aforesaid legal entities in their capacities as intermediaries on as is where is basis.
- Further, the user acknowledges the fact that Empzilla has done their documented due diligence in the manner as stipulated under the Information Technology Act, 2000 as also Information Technology (Intermediary Guidelines) Rules, 2011.
- The website, Empzilla has already published their detailed rules and regulations, user agreement, terms and conditions which inform the users of the computer resources not to host, display, modify, publish, transmit, update or share any information which has been stipulated under the parameters of Rule 3 of the Information Technology (Intermediary Guidelines) Rules, 2011.
- The user further agrees that the following acts done by the intermediaries shall not amount to hosting, publishing, editing or storing of any such information as specified in Section 79 (2) of the Information Technology Act, 2000:-
(a) temporary or transient or intermediate storage of information automatically within the computer resource as an intrinsic feature of such computer resource, involving no exercise of any human editorial control, for onward transmission or communication to another computer resource;
(b) removal of access to any information, data or communication link by an intermediary after such information, data or communication link comes to the actual knowledge of a person authorized by the intermediary pursuant to any order or direction as per the provisions of the Act.
- Further, the present terms and conditions constitute a legal and valid agreement under the Indian Contract Act and the Indian Information Technology Act, 2000, which has been granted complete legal validity and sanctity by virtue of Section 4 of the Information Technology Act, 2000.
A. Compliance with Law.
- In their use of the Service, Users agree to comply with all applicable laws for the time being in force. That the user further agrees that the said intermediaries are strictly complying with the provisions of the Information Technology Act, 2000 and any other law prevailing for the time being in force.
- That the website, Empzilla has complied with the parameters of due diligence as detailed under the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines) Rules, 2011.
- At the time of registration the User must be at least eighteen years old. Empzilla reserves the right to refuse service/registration to any person at any point of time without giving any prior notice and without assigning any reason whatsoever.
- User agrees that the services once subscribed to by the User are not refundable and all amount(s) paid shall stand appropriated.
- In case of refund to the customer, Empzilla shall deduct payment gateway charges and other relevant charges, if any applicable, from the refund amount.
V. User Content and Licenses.
A. User Content.
- Users that have created Empzilla accounts may submit Content on the Service. Users understand that Empzilla does not guarantee their intellectual property rights or any confidentiality with respect to any Content that Users submit.
B. License to Content.
- Empzilla hereby grants users a limited, terminable, non-exclusive right to access and use the Web-site only for user's personal use seeking career auxiliary services. This authorizes users to view and download a single copy of the material on the Web-site solely for Users personal and/or noncommercial use. Users shall not sell, transfer or assign any of the Services or the users' rights to any of the Services provided by Empzilla to any third party without the express written authorization of Empzilla. The users herby agree that the users are solely responsible for the content of any Document that the user post to a Site and any consequences arising from such posting. The users' use of the Web-site is a privilege. Empzilla reserves the right to suspend or terminate Users access and use at any time if Empzilla determines that the users are in breach of these Terms and Conditions.
- By publishing Content on the Service, Users hereby grant Empzilla a worldwide, non-exclusive, royalty-free, sublicense able and transferable license to use, reproduce, distribute, prepare, and display Content in connection with the Service and Empzilla's (and its successors' and affiliates') business, including, without limitation, for promoting and redistributing part or all of the Service. In addition to the foregoing, Users hereby grant each User of the Service a non-exclusive license to access User-published Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms.
C. Termination of Licenses.
- The above licenses granted by Users for Content they publish on the Service are perpetual, but shall terminate within a commercially reasonable time after Users remove or delete such Content from the Service.
D. Third-Party Intellectual Property.
- Users further agree that Content Users submit to the Service will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless Users have permission from the rightful owner of the material or Users are otherwise legally entitled to post the material and to grant Empzilla all of the license rights granted herein.
E. Infringement of Copyright.
- Empzilla does not permit copyright infringing activities or infringement of intellectual property rights on the Service, and Empzilla will remove any Content if properly notified that such Content infringes on another's intellectual property rights.
F. Removal of Content.
- Empzilla has no obligation to accept, display, review, monitor or maintain any Content submitted by Users. Empzilla reserves the right to remove any Content from the Service in its sole discretion at any time without prior notice, whether or not such Content violates these Terms.
VI. Disclaimers and Limitations on Empzilla's Liability.
- The contents, views and ideas expressed/posted are of the respective Users and Empzilla does not support/endorse any such views, ideas and expressions. Moreover, Empzilla does not represent or guarantee the truthfulness, accuracy, or reliability of any such postings/blogs posted by the Users, or any User Content and makes no representations about any jobs or User Content on the web-site and the Users are cautioned to use common sense and proper judgment in this regard. Any reliance on the content posted by other Users using the web-site shall be entirely at the risk of the User. User assumes all risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false identities.
- Empzilla reserves the right without prior notice to access, read, preserve and/or disclose the personal information of the User including the content of the postings/blogs if the same is required:
1) in order to comply with any court judgment/decree/order/directive,
2) by any legal/government authority;
3) by applicable law;
4) by professional/legal advisers, directors, employees/agents/representatives of Empzilla in connection with this Agreement or otherwise;
5) for investigating potential violations of the terms herein or applicable national and international laws;
6) for investigating deliberate damage to the Services or its legitimate operation;
7) for responding to service support requests, or
8) for protecting the rights, property or safety of Empzilla and/or its Directors, employees and the general public at large.
- Empzilla reserves the right to store and process the personal information provided by the User in India or any other country where Empzilla or its agents/representatives/group companies maintain storage and processing facilities and the User by using the services herein consents to any such transfer of information outside India without prior notice.
- Empzilla shall not be liable or responsible in any manner whatsoever for deletion and/or failure to transmit or store any postings/blogs posted by the User by using the Services herein or personal information provided by the User or any other communication maintained by the Service. Further, Empzilla reserves the right to create limits on use of the said Service and storage at its sole discretion without assigning any reason whatsoever and without giving any prior notice.
- Empzilla does not warrant that the web-site will operate without any technical error and is free from any computer viruses or other harmful mechanisms. Empzilla shall not be liable in any manner whatsoever for any consequences, claims, damages, costs etc. arising out of any of the above-said reasons or due to any force majeure factors and/or due to any reasons beyond the control of Empzilla. Empzilla to the fullest extent permitted by law disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose and non-infringement. Empzilla makes no warranties about the accuracy, reliability, completeness, or timeliness of the content, services, software, text, graphics, and links used on the web-site.
- Empzilla's maximum liability arising out of or in connection with the web-site or your use of the Empzilla's content, regardless of the cause of action (whether in contract, tort, breach of warranty or otherwise), will not exceed Rs. 50,000/-.
- Empzilla shall not be responsible or liable in any manner whatsoever for the exercise or non-exercise of its rights herein.
A. Allocation of Responsibility.
- Empzilla assumes no responsibility for Documents posted by Users and no responsibility for the activities, omissions or other conduct of Users. Empzilla is not responsible for screening or monitoring Documents posted by Users. If notified by a User of a Document which allegedly does not conform to these Terms and Conditions, Empzilla may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of such Document. Empzilla has no liability or responsibility to Users for performance or nonperformance of such activities. Empzilla may take any action with respect to User submitted information that it deems necessary or appropriate, in its sole discretion.
B. No endorsements by Empzilla.
- Nothing on the Web-site shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its web site, products, services, hiring, experience, employment or recruiting practices, or otherwise.
C. Warranty Disclaimers.
(a) The Web-site is provided on an 'as is' basis without any warranties of any kind, express or implied. Empzilla to the fullest extent permitted by law disclaims all warranties, including, but not limited to, the warranties of merchantability, title, non-infringement of third parties' rights, and fitness for particular purpose. Empzilla makes no warranties about the accuracy, reliability, completeness, or timeliness of the Web-site.
(b) Without limitation on the foregoing:
(i) Empzilla does not warrant that the Web-site will operate error-free or that the Web-site and their servers are free of computer viruses or other harmful mechanisms. If Users use of the web-site results directly or indirectly in the need for servicing or replacing equipment or data, Empzilla is not responsible for those costs.
(ii) Empzilla makes no representations or guarantees regarding the truthfulness, accuracy, legality, completeness, timeliness or reliability of any Documents posted by Users, or of any other form of communication engaged in by Users. Documents may contain inaccuracies or typographical errors. User agree that any reliance on Documents posted by Users, or on any other form of communication with Users, will be at Users own risk.
(iii) Empzilla makes no representations or guarantees regarding the Content of the Web-site, including, but not limited to, broken links, inaccuracies or typographical errors.
(iv) Empzilla makes no representations or guarantees regarding the effectiveness of the Services or timeliness of the Services in meeting Users employment objectives. Empzilla does not guarantee that the Services will result in candidates being hired, positions being filled or employees being retained, and is not responsible or liable for any business, employment, hiring and/or salary decisions, for whatever reason made, made by User.
D. Damage Limitations, Allocations of Liability and Equitable Relief.
(a) Users assume all responsibility and risk for Users use of the Web-site, the internet generally, and the documents or Employer Materials that Users post, provide or access and for Users conduct on and off the Web-site.
(b) In no event shall Empzilla (or any of its officers, directors, shareholders, employees, subsidiaries, affiliates, agents or advertisers), be liable for any non-direct damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data, lost employment opportunity, or business interruption) resulting from or arising under or in connection with Services or the use or access to, or the inability to use or access, the Web-site and/or any Document, whether based on warranty, contract, tort, or any other legal theory, and whether or not Empzilla is advised of the possibility of such damages.
VII. Restrictions on Users' Use of Content.
- In addition to the general restrictions in Section III of this document, the following restrictions and conditions apply specifically to Users' use of Content.
- User shall be responsible for use of the web-site, for any entries/posts/blog that he/she uploads/makes, and for any consequences arising thereof. The User agrees that he/she shall use the web-site in accordance with all laws, rules and regulations, as applicable from time to time, including without limitation IT laws and laws relating to unfair competition, antidiscrimination, false advertising and defamation. The User further agrees that the usage of web-site by the User shall not violate any third party rights including but not limited to Intellectual Property Rights, Right of Privacy and Right of Publicity. In addition to above, the User agrees that User shall not use web-site in order to transmit, distribute, store or destroy material, including without limitation Empzilla's content, and that is defamatory, obscene, threatening, abusive or hateful. Any violation of any of the foregoing, including the terms and conditions mentioned herein shall result in immediate termination of this Agreement. Moreover, Empzilla reserves the right to seek damages from any such User to the extent permitted by law.
- Users are also prohibited from violating or attempting to violate the security of web-site, including, without limitation the following activities: (a) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to web-site, overloading, "flooding", "spamming", "mailbombing" or "crashing"; or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Empzilla will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
- The contents of specific postings made by the User are posted and are the responsibility of the User who makes such postings. Though Empzilla reserves the right to filter out postings which may carry offensive, harmful, inaccurate, pornographic content or content which infringes on the Intellectual Property Rights of any third party or any rights of publicity or privacy or is defamatory, libelous, threatening or harassing or is indecent and contains any viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information or otherwise inappropriate content, it does not take any responsibility for such content and/or for deceptive, mislabeled or defamatory content. Empzilla merely provides a platform to access the content posted by the Users by using the Services of the web-site. The Users are expected to take necessary precautions and comply with various provisions of laws while uploading any contents on the web-site.
- However, Empzilla specifically prohibits the posting of User's content which provides the following and/or has the effect of the following:- (The list below is for illustration only and is not a complete list of all prohibited User Content)
- The User Content: is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
a) harasses, incites harassment or advocates harassment of another group or individual;
b) involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
c) promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory, and libelous or which amounts to contempt of any judicial authority;
d) promotes or endorses an illegal or unauthorized use of any copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;
e) contains restricted or password only access pages, or hidden pages or images;
f) displays or links to obscene, indecent pornographic, material of any kind;
g) provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating someone's privacy, or provides or creates computer viruses or pirating any media; and solicits passwords or personal identifying information from other Users.
A. Empzilla is not responsible for Content.
- Users understand that when using the Service, Users will be exposed to Content from a variety of sources, and that Empzilla is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. Users further understand and acknowledge that by using the Service, Users may be exposed to Content that is inaccurate, offensive, indecent, or objectionable. Empzilla does not endorse any Content submitted to the Service by any User or other licensor, or any opinion, recommendation, or advice expressed therein, and Empzilla expressly disclaims any and all liability in connection with Content.
- Content on the Service, and all trademarks, service marks and logos on the Service, are owned by or licensed to Empzilla, subject to copyright and other intellectual property rights under applicable law.
C. User Information.
- Empzilla authorizes User to view and access the content available on or from the web-site solely for their personal use. The contents of the web-site and of all other web-site under Empzilla's control, whether partial or otherwise such as text, graphics, images, logos, button icons, software and other contents as well as compilation of contents (meaning the collection, arrangement and assembly), are property of Empzilla and are protected under both India and foreign copyright, trademark and other laws. Unauthorized use of such Content will be violation of copyright, trademark and other intellectual property rights of Empzilla. User may not sell or modify the said content or reproduce, display, publicly perform, distribute, or otherwise use such Content in any way for any public or commercial purpose. The use of the Empzilla's Content on any other web site or in a networked computer environment for any purpose is prohibited. User shall not copy or adapt the Empzilla code that the Empzilla creates to generate any Content or the pages making up any of its web-site which is also protected by the Empzilla's copyright.
- User shall be solely responsible for maintaining the confidentiality of their account and passwords. The User shall be solely responsible for all activities happening under his/her Username whether authorized or not. User agrees to immediately notify Empzilla of any unauthorized use of their Account and/or Password.
D. User Acknowledgement.
- That the user further acknowledges the fact that using the services of Empzilla, Empzilla has not made any representation to the user pertaining to the fact that it is either offering any job or guarantying any access to job or ensuring that the subscriber of the service of the said entities shall mandatorily get a job after subscribing to the services of the said entities.
- That the user hereby clearly acknowledges, agrees and undertakes that he out of his own will and volition and without any outside force, coercion or influence of any kind whatsoever, has on his own accord, visited the website www.empzilla.com and accepted its terms and conditions.
- That the user further agrees that his relationship with the said legal entities shall be totally governed by the terms and conditions as detailed on the website www.empzilla.com which constitute absolute binding electronic contract between the parties. The user further agrees that the terms of the said contract shall prevail over anything in consistent therewith contained in any other communication that may be generated, sent, received or transmitted by any of the parties at any point of time.
- That the user clearly, unequivocally and absolutely declares in absolute terms that he has fully read the terms and conditions of the Empzilla. The user understands and acknowledges the fact that he/she is only subscribing to career auxiliary services as provided by Empzilla. At no point of time, has Empzilla ever guaranteed to the user that the usage of the services of career auxiliary services provided by Empzilla would or shall result in any manner whatsoever in the said user or subscriber getting a job. The user clearly understands that the services provided by the said intermediaries are only for career enhancement and connected aspects which has got no connection, association, nexus or relationship of any kind whatsoever with the factum of the user getting a job with any employer. The user categorically understands that his probability or possibility of getting a job with any potential employer or legal entity is only dependent upon his/her own subject skill sets, personality, education, qualifications and other abilities, Empzilla has got no connection of any kind whatsoever with the ultimate factum of the user getting a job with any third party.
- The user understands that he is only using the services of Empzilla for career auxiliary services. There is no job guarantee nor any job shall be provided to the user under the ambit of services provided by Empzilla.
- The usage of said services provided by Empzilla has no connection with the ultimate prospects of the user securing a job. The user acknowledges the fact that despite using the services of Empzilla, Empzilla will still not be in a position to guarantee the user to get a job/interview call. The user further acknowledges the fact that in today's competitive world, a person can only get a job based upon his/her own specific expertise, educational qualification, skill sets, exposure to existing ground realities and intrinsic ability to think on his feet and adapt to constantly changing requirements of times, societies and technologies.
VIII. Community Guidelines.
Users agree, in connection with visiting or posting Content or other material on the Service, not to:
- defame, libel, disparage, threaten, harass or intimidate anyone, including by the use of offensive Content related to race, nationality, sex, gender, sexual orientation or physical handicap;
- use or post any profane, obscene, pornographic or otherwise objectionable Content;
- promote or describe how to perform violence, illegal drug or substance abuse, or any other illegal activity;
- violate the personal, privacy, contractual, intellectual property or other rights of any person;
- reveal, with respect to personal or privacy rights, any personal information about another individual, including an address, phone number, email address, credit card number or other information that could be used to track, contact or impersonate that individual;
- trick, defraud, deceive or mislead Empzilla or other Users, such as by submitting false reports of abuse or misconduct to Empzilla's support services, disguising the source of materials or other information Users submit to the Service or using tools which anonymize Users' access the Service;
- use another User's account to access the Service without such other User's knowledge and/or permission;
- interfere with or disrupt (or attempt to interfere with or disrupt) access and enjoyment of the Service of other Users or any host or network, including, without limitation, creating or transmitting unwanted electronic communications such as "spam" to other Users, overloading, flooding or mail-bombing the Service, or scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service;
- disparage, tarnish or otherwise harm, in Empzilla's opinion, Empzilla and/or the Service;
- upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, such as viruses, worms, Trojan horses, spyware, adware or any other malicious or invasive code or program;
- reverse engineer, decompile, reverse assemble, modify or attempt to discover or copy any software, source code or structure that the Service utilizes to generate web pages or any software or other products or processes accessible through the Service;
- access or search (or attempt to access or search) the Service by any means, such as any automated system or unauthorized script or software, other than currently available, published interfaces provide by Empzilla;
- remove, obscure or change any copyright, trademark, hyperlink or other proprietary rights and notices contained in or on the Service or any website on which the Service is offered or on a third party website and/or Empzilla software on which Empzilla code is embedded or embeddable;
- remove, obscure or change any notice, banner, advertisement or other branding on the Service;
- submit any Content or material that falsely expresses or implies that such Content or material is sponsored or endorsed by Empzilla; or
- interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service, such as probing or scanning the vulnerability of any system, network or breach.
IX. Terms and Termination.
- Unless terminated by Empzilla, these Terms will remain in full force and effect while Users use the Service.
B. Termination by User.
- Users may terminate their obligations under these Terms by deleting their accounts and all Content such Users have provided to Empzilla and thereafter ceasing to use the Service.
C. Termination by Empzilla.
- Empzilla may at any time, without prior notice and in its sole discretion, terminate a User's accounts and access to the Service(s), and if it determines that a User is a repeat infringer of these Terms, pursue other remedies available at law or at equity. Empzilla reserves the right to decide whether a User has violated these Terms for reasons other than copyright infringement.
- Users' representations in these Terms, and any other provisions of these Terms which by their nature are designed to survive termination, shall survive any termination or expiration of these Terms.
X. Ability to Accept Terms.
- Users affirm that they are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, Users affirm that they are over the age of 18, as the Service is not intended for children under the age of 18. If Users are under 18 years of age, then they are not eligible to use the Service and must log off the Website immediately.
XI. Resolution of Disputes.
- To expedite resolution and control the cost of any dispute, controversy or claim arising out of or related to the Service, these Terms and Condition, Disclaimer or the User Agreement (each, a "Dispute"), Users and Empzilla agree to attempt to negotiate any Dispute (except for those disputes expressly provided in Section IX.B above) informally for at least thirty (30) days, by moving before the designated Grievance Officer of Empzilla.
- The User agrees to indemnify Empzilla and its partners, directors, employees and agents against any third party claim, action, suit or proceeding resulting from his use of the Services herein or arising out of the Content submitted, posted, transmitted or otherwise made available by the User while using the web-site, or use of the web-site by the User in violation of these terms and conditions or violation of any third party rights by the User.
Users agree to defend, indemnify and hold harmless Empzilla, its partners, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, but not limited to attorney's fees) arising from:
(a) any User's use of and access to the Service, including losses caused by any unauthorized use of their accounts,
(b) any User's violation of any term of these Terms,
(c) any User's violation of any third-party right, including without limitation any copyright, property, or privacy right, or
(d) any claim that User-published Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and Users' use of the Service. (e) further, if any user fails to secure a job or fails in getting a job.
- Subject to the arbitration provisions set forth in Section IX of this Document, any Dispute between Users and Empzilla shall be subject to the exclusive jurisdiction in Delhi.
B. Statute of Limitations.
- USERS AND EMPZILLA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE YEAR AFTER THE ALLEGED CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. FURTHER EMPZILLA CANNOT GUARANTEE THAT USER WILL GET AN INTERVIEW OR A JOB BY USING THE INSTRUCTIONS PROVIDED ON THIS SITE OR BY AVAILING CAREER AUXILIARY SERVICES. THE USER'S SUCCESS WILL ENTIRELY DEPEND UPON THE TIME AND EFFORT PUT INTO BY USER AND UPON THEIR SUBJECT SKILL SETS, PERSONALITY, EDUCATION, QUALIFICATIONS AND OTHER ABILITIES. EMPZILLA DOES NOT GUARANTEE THAT FOLLOWING ADVICE ON THIS SITE OR AVAILING CAREER AUXILIARY SERVICES WILL HELP USERS CAREER. THAT THE MATERIAL CONTAINED ON THIS WEBSITE ARE PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY AND DO NOT CONSTITUTE LEGAL OR OTHER PROFESSIONAL ADVICE ON ANY SUBJECT MATTER. EMPZILLA DOES NOT ACCEPT ANY RESPONSIBILITY FOR ANY LOSS WHICH MAY ARISE FROM RELIANCE ON INFORMATION CONTAINED ON THIS SITE.
a) All the disputes arising between the User and Empzilla are to be governed by and construed in accordance with the laws of India. The Courts/Tribunals at Delhi/New Delhi shall have the exclusive jurisdiction over any disputes relating to the subject matter of this Agreement.
- Further, the user further agrees that in case the user files false, fabricated or manipulated complaint or legal action or legal proceedings against Empzilla in contravention of the terms and conditions as detailed, he is liable to pay the damages for a sum of INR 10,00,000 for filing any such action against Empzilla and the said entities are entitled to not just sue the said user for such damages but also seek further damages against the user for filing such false, fabricated and manipulated and without any foundation legal complaints, action or proceedings.
D. Entire Agreement.
E. Waiver and Severability.
- No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, Empzilla's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
- These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by Users, but may be assigned by Empzilla without restriction.
G. Grievance Office/Officer.
- Empzilla shall address any discrepancies and grievances of any users or any victim, who suffers as a result of access or usage of computer resource by any person in violation of Rule 3 of the Information Technology (Intermediary Guidelines) Rules, 2011. Such users and/or victims can notify their complaints against such access or usage of computer resources of Empzilla or other matters pertaining to the computer resources made available by Empzilla to a Grievance Officer. For this purpose, Empzilla has designated a Grievance Office, whose details are as under:-
That the present Terms and Conditions have been agreed to by the user and the use of the website by the user is an acknowledgement of his/her consent to the said terms and conditions. The user agrees that his/her Internet Protocol address along with data and time stamp has been captured and will be captured by Empzilla on their computers, computer systems and computer networks to demonstrate his/her consent and acknowledgment of the terms and conditions as detailed in the present document and the said consent of the user constitutes absolute, unequivocal, clear, concrete and unambiguous consent to the terms as detailed in the present document.