ZINGTHING WORKS

The Real-time Data Exchange Application after Logical Matching of the requirements of Job Seekers and Employers, Service providers and Service seekers, Technicians and consumers. The application seeks the like gallery to allow the users to upload the resum es, etc., cam era to capture the resum es etc., and phone number and em ail id for providing the notifications for the best matches.

Terms and Conditions

PURPOSE

Zingthing Business Solutions OPC Private Limited, herein after referred to as ZBSPL, and its application “Zingthing Works” herein after referred to as ZW is intended only to serve as a preliminary medium of contact and exchange of information for its users and members and service providers and consumers of the services who have a bona fide intention to contact and/or be contacted for the purposes related to genuine existing job vacancies and for other careers for technicians etc. for enhancement of their services.

USE TO BE IN CONFORMITY WITH THE PURPOSE

“Zingthing Works” is meant for the Purpose and only the exclusive use of the subscriber/registered user.

The Mobile Application ZW is a public application with free access and It assumes no liability for the quality and genuineness of responses and quality of matches the user finds. ZW cannot monitor the responses that a person may receive in response to information he/she has displayed on the application. The individual/company would have to conduct its own background checks on the bona-fide nature of all response(s).

You give us permission to use the information about actions that you have taken on ZW in connection with ads, offers, and other content (whether sponsored or not) that we display across our services, without any compensation to you. We use data and information about you to make relevant suggestions and recommendations to you and others based on the data you fill in ZW application.

The platform may contain links to third party websites, these links are provided solely as convenience to You and the presence of these links should not under any circumstances be considered as an endorsement of the contents of the same. If You choose to access these websites you do so at your own risk.

Whilst using this platform an obligation is cast upon you to only provide true and correct information and in the case of creating a profile you undertake to at all times keep the information up to date. ZW will not be liable on account of any inaccuracy of information on this ZW. It is the responsibility of the user to further research the information on the site. ZW does not guarantee confidentiality of information provided to it by any person acquiring/using all/any information displayed on the Application or any of its other websites/domains owned and operated by ZBSPL.

ZBSPL does not share personally identifiable data of any individual with other USERS without obtaining permission except with those acting as our agents. ZBSPL shall share all such information that it has in its possession in response to legal process, such as a court order or subpoena. The user shall not utilize the services offered by ZBSPL/ZW in any manner so as to impair the interests and functioning of ZBSPL/ZW. The user undertakes not to duplicate, download, publish, modify and distribute material on ZW unless specifically authorized by ZBSPL in this regard.

The user undertakes to use ZW for his/her own purposes. Using content from ZW for derivative works with a commercial motive without prior written consent from ZBSPL is strictly prohibited.

Users undertake that the services offered by ZBSPL shall not be utilized to upload, post, transmit or otherwise make available either directly or indirectly, any unsolicited or any content which may harm the credit of ZBSPL. The user shall not upload, post, transmit, publish, or distribute any material or information that is unlawful, or which may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libellous, vulgar, obscene, or racially, ethnically, or otherwise objectionable.

Users shall not spam the platform maintained by ZBSPL or indiscriminately and repeatedly post jobs/forward mail indiscriminately etc. Any conduct of the user in violation of this clause shall entitle ZBSPL to forthwith terminate all services to the user without notice and to forfeit any amounts paid by him.

The user expressly states that the resume/insertion or information/data being fed into the network of ZBSPL by the user is correct and complete in all respects and does not contain any false, distorted, manipulated, fraudulent or misleading facts or averments. ZBSPL expressly disclaims any liability arising out of the said resume insertion/information/data so fed into the network of ZBSPL by the user. Further, the user agrees to ZBSPL for all losses incurred by ZBSPL due to any false, distorted, manipulated, defamatory, libellous, vulgar, obscene, fraudulent or misleading facts or otherwise objectionable averments made by the user on the network of ZBSPL.

The User is solely responsible for maintaining confidentiality of the User password and user identification and all activities and transmission performed by the User through his user identification and shall be solely responsible for carrying out any online or off-line transaction involving credit cards/debit cards or such other forms of instruments or documents for making such transactions and ZBSPL assumes no responsibility or liability for their improper use of information relating to such usage of credit cards/debit cards used by the subscriber online/off-line.

The User/Subscriber/Consumer to ZBSPL does hereby specifically agree that he/she shall, at all times, comply with the requirements of the Information Technology Act, 2000 as also rules, regulations, guidelines, bye-laws and notifications made thereunder, while assessing or feeding any resume/insertion or information/data into the computers, computer systems or computer network of ZBSPL. The said User/subscriber/consumer to ZBSPL does further unequivocally declare that in case he violates any provisions of the Information Technology Act, 2000 and rules, regulations, guidelines, bye-laws and notifications made thereunder, he shall alone be responsible for all his acts, deeds and things and that he alone shall be liable for civil and criminal liability thereunder or under any other law for the time being in force.

The User is solely responsible for obtaining, at his own cost, all licenses, permits, consents, approvals and intellectual property or other rights as may be required by the user for using the Service.

User Representations, Warranties, and Covenants

By using ZW, you agree not to:

1. Access the Platform for purposes of extracting content to be used for training a machine learning or AI model, without the express prior written permission.
2. Violate any applicable local, provincial, state, national, or international law, statute, ordinance, rule, or regulation.
3. Interfere with or disrupt computer networks connected to ZBSPL.
4. Impersonate any other person or entity, or make any misrepresentation as to your employment by or affiliation with any other person or entity.
5. Forge headers or in any manner manipulate identifiers in order to disguise the origin of any user information.
6. Interfere with or disrupt the use of ZBSPL by any other user, nor “stalk”, threaten, or in any manner harass another user.
7. Use ZW in such a manner as to gain unauthorized entry or access to the computer systems of others.
8. Reproduce, copy, modify, sell, store, distribute, or otherwise exploit for any commercial purposes ZW, or any component thereof (including, but not limited to any materials or information accessible through ZW).
9. Use content from the Site for derivative works with a commercial motive without prior written consent of the ZBSPL.
10. Use any device, software, or routine to interfere or attempt to interfere with the proper working of ZBSPL.
11. Impose an unreasonable or disproportionately large load on ZBSPL infrastructure.
12. Spam ZW by indiscriminately and repeatedly posting content or forwarding mail that may be considered spam.
13. Access data not intended for you or log into a server or account that you are not authorized to access.
14. Constitute an act of reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for the ZW or any related technology or any part thereof.
15. Engage in "framing," "mirroring," or otherwise simulating the appearance or function of the ZW.
16. Attempt to probe, scan, or test the vulnerability of a system or network.
17. Use automated means to crawl and/or scrape content from ZW and to manually scrape content from ZW.
18. The Site uses technological means to exclude robots, etc. from crawling it and scraping content. You undertake not to circumvent these methods.
19. Access the Site except through the interfaces expressly provided by ZBSPL.
20. Attempt to breach security or authentication measures without proper authorization.
21. Provide deep links into ZW without prior permission of ZBSPL. Extracting data from ZBSPL using any automated process such as spiders, crawlers, etc., or through any manual process for a purpose which has not been authorized in writing is prohibited.
22. Upload, post, email, transmit, or otherwise make available either directly or indirectly, any unsolicited bulk email or unsolicited commercial email.
23. Subscribers shall under no circumstance sublicense, assign, or transfer the License, and any attempt at such sublicense, assignment, or transfer is void.
24. Constitute hosting, modifying, uploading, posting, transmitting, publishing, or distributing any material or information.

• For which you do not have all necessary rights and licenses.
• Infringes, violates, breaches, or otherwise contravenes the rights of any third party, including any copyright, trademark, patent, rights of privacy or publicity, or any other proprietary right.
• Contains a computer virus, or other code, files, or programs intending in any manner to disrupt or interfere with the functioning of ZW or that of other computer systems.
• Is grossly harmful, harassing, invasive of another's privacy, hateful, disparaging, relating to money laundering or unlawful, or which may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, blasphemous, vulgar, obscene, or racially, ethnically, or otherwise unlawful in any manner whatsoever.
• Constitutes or encourages conduct that would constitute a criminal offence, give rise to other liability, or otherwise violate applicable law.
• Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
• Belongs to another person and to which the user does not have any right to.
• Harms minors in any way.

That 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 cognisable offence or prevents investigation of any offence or is insulting any other nation. The user shall not infringe on any intellectual property rights of any person / entity or retain information /downIoad any inform ation from any computer system or otherwise with an intention to do so.`

ZBSPL will make bestefforts to do so but does not warrant that network system linked to it is free of any operational errors nor does it warrant that it will be free of any virus, computer contaminant, worm, or other harmful component. The subscription of a user shall be subject to Quotas as applicable and as advised. E-Mails provided as part of contact details are expected to be genuine and access to such email accounts is available to authorised personnel only.`

ZBSPL shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the user's account and / or information relating to or regarding online transactions using credit cards / debit cards and / or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used whether or not in pursuance of a legal process or otherwise.`

Payments for the services offered by ZBSPL shall be on a 100% advance basis. Refund if any will be at the sole discretion of ZBSPL. ZBSPL offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Customers card/bank accounts. ZBSPL gives no guarantees of server uptime or applications working properly. All is on a best effort basis and liability is limited to refund of amount only. ZBSPL undertakes no liability for free services. ZBSPL reserves its right to amend /aIter or change all or any disclaimers or term s of agreements at any time without any prior notice. All terms / disclaimers whether specifically mentioned or not shall be deemed to be included if any reference is made to them.`

Unless otherwise specified and notwithstanding anything contained in any other agreement or arrangement, by whatever nam e called, the performance obligation of ZBSPL (service provider) is to provide access of its on-line portal to the customer for the duration of the subscription period & reference to any usage, by whatever name called or any other performance obligation, if any, is to provide the upper limit for cons umption, which by itself, does not create any additional performance obligation upon ZBSPL.`

Subscriber/user acknowledges and agrees that ZWOR ZBSPL, at its sole discretion and without prejudice to other rights and remedies that it may have under the applicable laws, shall be entitled to set off the amount paid or payable by a subscriber/user against any amount(s) payable by Subscriber/user to ZBSPL under any other agreement or commercial relationship towards other products/services.`

ZBSPL further reserves its right to post the data on the ZBSPL may deem fit and proper at no extra cost to the subscriber/ user.`

The subscription / agreement between ZBSPL and the subscriber/ user is not a "non-poach agreement" nor can the same be termed or used as an alternative to "non-poach agreement" in as much as ZBSPL / ZW is a public APPLICATION and all inform ation posted by ZBSPL goes to the public domain except inform ation /data which is specifically assigned a non-public / private character.`

Any agreement for a subscription/usage entered into by ZBSPL does not confer exclusivity of service on any subscriber/ user.`

ZBSPL will not be party to any legal proceedings between a user (e.g. a subscriber) and a party contracted through the ZW application. In case ZBSPL is implicated in any legal proceedings, costs will be recovered from the party that names ZBSPL. ZBSPL, however will abide with any court order served on it through due process. ZBSPL controls and operates this Platform from its headquarters in AHMEDABAD and makes no representation that the materials on ZBSPL/ZW are appropriate or available for use in other locations. If you use this Website from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries.`

In case a person using the world wide web/internet receives a spam or virus which includes a link to ZBSPL/ZW, operated or owned by ZBSPL, it should not be held responsible for the same. ZBSPL assumes no responsibility for such m ails.`

The services provided by the websites m aintained, operated or owned by ZBSPL do not extend to acting as an agent (express or implied) on behalf of any subscriber or user.`

ZBSPL has no agents and does not operate through any agents save for those specifically mentioned on the home page of the website.`

The Terms and conditions mentioned above regulate the usage of ZW/ZBSPL. Any person using ZBSPL/ZW in violation of the stipulations contained in the Terms and Conditions of naukri.com shall render himself/herself liable to appropriate action in a court of law both civil and crim inal.`

By Accepting These Terms & Conditions, You Agree to Indemnify and Otherwise Hold Harm less Zbspl, Its Directors, Officers, Employers, Agents, Subsidiaries, Affiliates and Other Partners from Any Direct, Indirect, Incidental, Special, Consequential or Exemplary Dam ages Arising Out of, relating to, Or Resulting from Your Use of the Services Obtained Through Zw/Zbspl Including but Not Lim ited To Information Provided By You Or Any Œher Matter Relating To Zw/Zbspl. Any Reference to Duties and Taxes etc. In Thèse Terms Œ Use Shall Include Goods And Services Tax (Herein Referred As Gst) From The Date Gst Law ls Implemented In India. Any Additional Tax Liability Arising On Account of Introduction of Gst (Whether On Account of Increase in Rate or Any Change Brought in by The New Tax Regime) Would Be Recovered Over and Above the Agreed Contract Price / Serviœ Fee.`

If any dispute arises between a user/users and ZBSPL/ZW arising out of use of ZW or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of these Terms and Conditions, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identif ied by the Company. Decision of the arbitrator shall be final and binding on both the parties to the dispute. The place of arbitration shall be New Delhi, India. The Arbitration & Conciliation Act, 1996 as amended, shall govern the arbitration proceedings.`

These Terms and Conditions shall be governed by the laws of Republic of India. The exclusive forum for any disputes arising out of or relating to these Terms of Use shall be a court of law located in AHMEDABAD, India.`

ZW/ZBSPL are used interchangeably and are synonymous. The user of ZBSPL/ZW is subject to the Privacy Policy available on our website.`

In case of non-compliance of these Term s and Conditions or Privacy Policy ZBSPL may terminate usage rights and take down any offending inform ation that might have been uploaded by such subscriber/user.