INTRODUCTION:

The present website “https://www.saivasystem.com/” (hereinafter referred to as the “domain”) is owned, provided and handled by “The Saiva System India Private Limited” (hereinafter referred to as the “Company”) . The Company is utmost attentive and careful about protecting the privacy of its users and recognizes the importance of maintaining the privacy of all users who visit the domain. The Company values the privacy of its users and absolutely appreciates the trust of its users. The Company is committed to being transparent about the data which is collect from its domain users, how the domain is used and with whom the said data is shared.

The user/users/visitors of the policy are mandated to read the present policy. Accordingly, by accessing the present domain and pages thereof, the user/users agree to, provide consent and assent to be bound the terms and conditions of the usage as described below of the present policy. Therefore, if the user/users do not agree to all of the terms or any of the terms as described in the present policy, the said user/users are required to not to access the present domain or any related pages thereof.

The terms and conditions as described in the present policy abide by the provisions of the Information Technology Act, 2000 read with Rule 3 (1) of the Information Technology (Intermediary Guidelines) Rules, 2011.

The present domain and page(s) has/have been made only for the user/users who are seeking employment opportunities across India.

The user/users hereby agree and provide their free consent that by accessing the service(s) from the present domain and/or page(s) of the present domain, the user/users shall be a subject to the terms and conditions as provided under the present policy. Accordingly, the user/users have been provided a limited privilege to enter and use the present domain and/or page(s), which is exclusive and non-transferable.

The present “Terms and Conditions” policy details the Company’s collection, use and disclosure of personal and non-personal data which the users of the domain provide to the Company while accessing the domain and/or while uploading their (users’) resumes on the sub-domain to apply for the respective job opportunity(s) as and when posted on the domain by the Company. The present policy is an ever-evolving and dynamic policy which is regularly updated to keep pace with the ever-changing requisite amendments to the policy for better and safe handling of the users’ confidential data than before. It is hereby strongly advised and instructed to the users of the domain to frequently check the present policy for any such amendments. Accordingly, it is hereby understood, acknowledged and provided assent by the users that it is the responsibility of the users to review and understand the present policy periodically and become self-aware of the modifications made by the Company.

By accessing the domain, using the services provided by the domain, applying and uploading documents including resume(s) as necessitated by the respective job(s) posted on the domain by the Company, the users hereby agree to the terms and conditions as enunciated in the present policy. Hence, it is coherently and strongly advised to the user(s) of the domain to read the present policy so that the user(s) can fathom the Company’s policy regarding the use of the user(s) personal data including resume. By accepting the present policy at the time of uploading their respective resume(s), the user(s) unambiguously and expressly approve to the present policy and provide their consent out of their free will (i.e., consent provided without any coercion or undue influence or mistake or misrepresentation or fraud) to the Company’s collection, storage, use and disclosure of the users’ personal information as described in the present policy.

 

PLATFORM FOR TRANSACTION AND COMMUNICATION:

The information of the users will be disclosed to the Company’s staff / service providers who provide the Company with services relating to the advertised / posted respective job offers and related services, as the case may be. The Company’s staff / service providers will be able to access the information provided by the users in order to perform their respective duties / services effectively. Users agree that the Company may determine that the users’ resumes’ names match certain stated job description names, and vice versa, in order to improve the domain or any other service or product (including displaying or making available job descriptions that may be relevant and resume.) by the Company. Users agree that users may be contacted or recommended to potential employers who may be interested in the users’ resume(s)/profile(s).

The present domain is a platform which allows the user/users and the Employers and/or the Company to interact with each other, as the case may be, in furtherance of the potential employment opportunity(s).

Accordingly, the Company is not and cannot be made a party to any transaction and/or pact and/or agreement and/or conversation made between the user/users and the Employer/Employers in any manner whatsoever.

Hence forth the below terms are binding upon all the concerned stakeholders:

 

CONSENT TO USE OF DATA:

The user/users agree and provide free consent that the Company can collect specific and certain personal information about the user/users such as their respective IP Address(es), etc. and the Company can also automatically store it the database of the domain for reasons including security and legal obligations as well as others, as the case may be.

The user/users agree and provide free consent to the term that the Company, in accordance with its Cookie and Privacy Policy, may collect and use information, technical data such as the user’s/users’ IP address, device ID, usage data and third party related information , including but not limited to technical information about your mobile device and system which is gathered periodically to facilitate the provisions of the related software updates, product support and other services provided to the user/users by the Company. Accordingly, the user/users agree and confirm that no sensitive/personal information has been shared by the user/users with the Company which is not related to the service(s) as provided through the present domain and related pages.

The user/users agree/agrees to and provide free consent that the Company may access, store and use any information that the user/users provide in accordance with the terms of the Privacy Policy of the Company as provided in the present domain.

The user/users hereby agrees to provide only that relevant content or information to the Company through the present domain and its related pages which neither violates the law of the land nor anyone's constitutional and/or statutory rights. The user/users also agree that the user’s/users’ candidature for a particular employment opportunity as posted on the domain and its related pages will be truthful. The Company may be obligated by the law being in force for the time being to remove certain information or content in certain situations, as the case may be.

 

DISCLAIMER OF WARRANTIES AND LIABILITY:

The present domain, all the related services, included on or otherwise made available to the user/users through the present domain and its related pages are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing.

The Company will not be liable to the user/users in any way or in relation to the contents of, or use of, or otherwise in connection with, the present domain.

All the contents of the present domain are only for general information or use. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision.

 

COMPLIANCE WITH LAWS:

The user/users shall comply with all the applicable laws in force for the time being (including but not exclusively to the Information and Technology Act, 2000, the Indian Penal Code, 1860, Foreign Exchange Management Act, 1999, Prevention of Money Laundering Act, 2002, Income Tax Act, 1961 and all the rules, regulations, policies, notifications related to and issued to the said statutes for the time being) which are applicable to the user/users/visitor(s) respectively for using the present domain and its related pages.

 

INDEMNITY:

The user/users shall indemnify and hold the Company, its management, affiliates, subsidiaries, group companies (as the case may be) and their respective officers, directors, agents, and employees, harmless, from any claim or demand, or actions including reasonable legal fees, made by any third party or penalty imposed due to or arising out of the user’s/users’/visitor(s)’ breach of the present “Terms & Conditions” other related Policies, or the user’s/users’/visitor(s)’ violation of any law, rules or regulations or the rights under the law being in force for the time being of a third party.

The user/users hereby also indemnifies, defends and hold the Company, its employees, agents, affiliates, harmless from any third-party claim or liability arising out of any job or employment opportunity posting or listing on the domain or relate pages.

 

LIMITATION OF LIABILITY:

In no event, circumstance, situation or as the case may be, the Company shall be liable for any damages, including but not exclusively to the direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this terms & conditions of use or website or any linked website or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if the Company or its representatives thereof, are advised of the possibility of such damages, losses or expenses.

 

RESUME INFORMATION:

Based on the user’s/users’ choice of application for a particular employment opportunity posted on the domain, the users’ CV/Resume shall be accessible to the potential employers.

The Company may offer an employment opportunity to the user/users whenever an Employer/the Company is interested in your CV/resume. In such circumstance(s), the user(s) represent, provide their free assent and confirm that the Company can contact the user / user(s) through text messages, e-mails and/or reminders and the user/users agree and confirm to accept such attempts of contact being made on the user’s/users’ mobile number(s) and/or registered e-mail IDs.

The Company may contact the respective user/users if any Employer/the Company is interested in any user’s/users’ CV/resume for the applied job opportunity. In such scenario, the users represent and confirm that we can send you messages, emails or reminders and you agree to receive those messages in your mobile number and registered email.

 

DURATION OF STORING THE USER’S/USERS’ INFORMATION:

The Company shall keep the user’s/users’ information for as long as indispensable to properly perform the obligations of the Company towards the user/users or as long as the Company is mandated to do so by the law of the land. The Company shall not dispense the user’s/users’ information if there are any legal obligations to do so. Accordingly, the Company shall dispose off the user’s/users’ information, if no longer required to do so.

 

USER/USERS BELOW THE AGE OF 18 YEARS:

The Company absolutely does not provide any service/(s) for user/users under the age of 18 years as mandated by law. Accordingly, the Company will not collect the personal information of user/users who are below the age of 18 years. Therefore, if the user/users is/are below the age of 18 years, the said user/users either should not use the present domain or should use the present domain only under the supervision of their respective parent(s) and/or guardian(s) as the case may be.

 

APPLICABLE LAW:

Terms & Conditions of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Noida, Uttar Pradesh.

 

All questions, comments and requests regarding this policy should be addressed to “Saiva System India Private Limited” to - contact@saivasystem.com

• The Company does not give any warranty or makes any representation as to quality or value or stability etc. of the employment opportunity(s) proposed by the potential Employer/Employers to the potential user/users/candidates for the employment opportunity(s) which are posted on the domain. Accordingly, the Company will be immune to any sort of liability which arises between the potential Employer/Employers and the potential user/users.
• It is hereby binding upon the user/users that they shall not spam the database maintained by the Company which will be considered as spam or junk. Any such technological misconduct on part of the user/users in violation of this clause will entitle the Company to terminate, with immediate effect, all the candidatures applied by the concerned user/users without notice and take available legal remedy against such misconduct, if necessitated.
• The user/users will not upload and/or post any material(s) or information which is unlawful, or which can be potentially perceived as being harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or racially, ethnically, or otherwise objectionable.
• The user/users/visitor(s) to the present domain and/or its pages, hereby specifically provide consent and agrees, at all times, to comply with the provisions as mandated by the Information Technology Act, 2000 and also by the rules, regulations, guidelines, bye laws and notifications made thereunder, while assessing or feeding any resume/ insertion or information/data into the domain or related pages of the Company. In case of infringement of any of such provisions by the user/users/visitor(s), the same user/users/visitor(s) shall alone be responsible for all such infringements as has/have been committed by the user/users/visitor(s) and also shall be liable for civil and criminal liability under the law for the time being in force.
• The user/users indemnify and releaser the Company unconditionally along with the Officer(s) and representatives of the Company, as the case may be from the cost, damage, liability and all other consequence(s) which shall arise due to the actions of the user/users of the domain under the law for the time being in force.
• The user/users of the domain and its pages shall not infringe on any intellectual property rights of any person and/or entity and/or retain such information and/or download any such information from the domain or related pages or otherwise with an intention to do so.
• Utmost care and expertise has been implemented to the domain remains free from any kind of virus, computer contaminant, worm, or other harmful components. Accordingly, the same etiquette is required on the part of the user/users using the domain and its related pages to genuinely use the domain and its related pages.
• The Company shall not be held liable for any kind of loss or damage sustained by the user/users/visitor(s) of the domain and its related pages for any reason whatsoever made by the user/users/visitor(s) due to unwarranted disclosure of any information concerning the user's/users’ confidential, private and sensitive information as the case may be.
• In a situation where the user/users receives a spam or virus which includes a link to the domain or any other pages maintained, operated or owned by the Company, the Company shall not be held responsible for the same. The Company holds itself not liable and not responsible for such mails and messages as the case may be. Accordingly, the user/users should authenticate such messages and/or mail as the case may be by contacting the Company through the contact number provided at the domain before proceeding further on such dubious emails/messages as the case may be.
• The Company does not guarantee nor offers any warranty about the prospective employer/organization. The Company would not be held liable for loss of any technical data and/or otherwise and/or of the resume and/or information/data or particulars provided by the user/users/visitor(s) due to acts of god as well as reasons beyond its control like corruption of data or delay or failure to perform as a result of any cause(s) or conditions that are beyond the reasonable control of the Company including but not limited to strikes, riots, epidemic, pandemic, civil unrest, amendment of government policies, tampering of data by unauthorized persons like hackers, distributed denial of service attacks, virus attacks, war and natural calamities amongst others.
• The user/users hereby understand(s) and agrees that the user/users access or attending or using the telephonic interviews at your own direction and risk and that the Company disclaims all liability arising out of the user’s/users’ such use of telephonic interviews