Terms of Service
please read these terms and conditions carefully. by accessing this site and any pages thereof, you agree to be bound by the terms and conditions below. if you do not agree to the terms and conditions below, do not access, view, or use this application, or any pages thereof.
The mobile application “myREF” (hereinafter referred to as ‘Application’), owned and operated by Eduwiz Consulting Services Private Limited (hereinafter referred to as the “Company”), a private limited company registered under the provisions of the Companies Act 2013, and having its registered office at D-8/8197, Vasant Kunj, New Delhi-110070 , India where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns.
The term "We", "Us", "Our" shall mean the Company. “Agreement” shall mean and refer to this Terms of Service, including any amendments that may be incorporated into it. “Third Party” shall mean and refer to any individual(s), company or entity apart from the User.
- The headings of each section in this Agreement are only for the purpose of organising the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained with them in any manner. Further, the headings have no legal or contractual value.
- If you do not agree with any of these terms, please discontinue using the Application.
- We hold the sole right to modify the Terms of Service without prior permission from You or providing notice to You. The relationship creates on You a duty to periodically check the Terms of Service and stay updates on its requirements. If You continue to use the Application or avail of its services without registration following such change, this is deemed as consent by You to the so amended policies. Your continued use of the Application is conditioned upon your compliance with the Terms of Service, including but not limited to compliance with the Terms of Service even after alterations, if any.
The Application is a mobile-based online platform for Employee Engagement (hereinafter the ‘Services’). The Application can be accessed and downloaded from Android play store and iOS iTunes App store, all transactions related to the Application shall be carried out over the Application only. The particular Application aims at providing a platform for the Employers and the Employees to interact. The Application helps the Employer in hiring the right talent, communicating with their employees, making various company related services available to the employee, etc through a convenient, simple, easy mobile based platform.
How the application works
- Once the Employer has partnered with the Application, they upload the Employee’s relevant information;
- Employees download the Application and register themselves with their mobile number
- The mobile number is verified, the verification code is sent via SMS on the mobile number submitted by the Employee and he can access the various features hosted by the Employer on the Application
- The Employer has an option of selecting from the various scope of services provided by Us
- In case an Employee’s mobile number is not found on any of the Employer’s databases, the Employee is requested to share his / her information and the Employer is informed to validate and update the number in the database
- In case an Employee’s number is found in one or more Employer’s databases, the Employee is required to choose the Company that he / she currently works with.
- Employer can block an Employee in case he/she has resigned from the establishment/firm or due to disciplinary action. In such case the Employee will not be able to view or participate in any of the features hosted on the Application.
- The Application is not liable for any claims made by the Employer to his Employees or upon not being able to meet any commitments made by him.
To avail the services of the Application and use it, registration is required. The Application verifies the user details with the country code and mobile number. The Application does not verify any content hosted by the Employer.
Membership of this Application is available only to those above the age of 18, barring those “Incompetent to Contract” which inter alia include insolvents, as described in the Indian Contract Act, 1872. If You are a minor and wish to use the Application, You may do so through Your legal guardian and the Application reserves the right to terminate Your account on knowledge of You being a minor and having registered on the Application or availing any of its services.
Further, at any time during Your use of this Application, including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your Login PIN, and any activity under the account shall be deemed to have been done by You. In the case that You provide Us with false and/or inaccurate details and myREF has reason to believe You have done so, We hold the right to permanently suspend Your account.
The downloading and installing of this Application is free of cost. However, We reserve the right to amend this no-fee policy and charge Users for downloading and installing the Application. In the event of such change in policy, Users shall be intimated of the same via email/telephone/ and such change shall be effective as soon as Users have been intimated. Subsequent to such change, it is the choice of the User whether or not to continue with the services offered by Us.
The User undertakes to fulfil the following obligations. Failure to satisfy any of these obligations gives Us the right to permanently suspend Your account and/or claim damages for any losses that accrue to Us or additional costs that may be imposed on us.
- You hereby certify that you are at least 18 years of age
- You agree to ensure the all information provided is accurate and correct
- You agree to comply with all local laws and regulations governing the downloading, installation and/or use of the Application, including, without limitation, any usage rules set forth in this Agreement.
- You undertake not to:
- Cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Application. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Application is not permitted. Should You want to engage in one or more such actions, prior permission from Us must be obtained.
- access (or attempt to access) the Application and/or the materials or Services by any means other than through the interface that is provided by the Application. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Application or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Application, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Application is prohibited. You acknowledge and agree that by accessing or using the Application or Services, You may be exposed to content from other Users or Third Parties that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Application. Further, You may report such offensive content.
- use the Application in any manner that may impair, overburden, damage, disable or otherwise compromise (i) Company’s services; (ii) any other party's use and enjoyment of company’s services; or (iii) the services and products of any Third Party (including, without limitation, the Authorized Device).
- use the Services or Materials for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or identity theft
- abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
- engage in any activity that interferes with or disrupts access to the Application or the Services (or the servers and networks which are connected to the Application);
- upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Application or another's mobile phone;
- download any file posted in the Application that you know, or reasonably should know, cannot be legally distributed in such manner;
- probe, scan or test the vulnerability of the Application or any network connected to the Application, nor breach the security or authentication measures on the Application or any network connected to the Application. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Application, or exploit the Application or Service or information made available or offered by or through the Application, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Application;
- disrupt or interfere with the security of, or otherwise cause harm to, the Application, systems resources, servers or networks connected to or accessible through the Applications or any affiliated or linked applications;
- violate any applicable laws or regulations for the time being in force within or outside India;
- violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- threaten 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
- disseminate information through the Application that is false, inaccurate or misleading, or violate any applicable laws or regulations for the time being in force in or outside India;
From time to time, the Application may automatically check the version of the Application installed on the Authorised Device and, if applicable, provide updates for the Application (Hereinafter referred to as “Updates”). Updates may contain, without limitation, bug fixes, patches, enhanced functionality, plug-ins and new versions of the Application. By installing the Application, You authorize the automatic download and installation of Updates and agree to download and install Updates manually if necessary. Your use of the Application and Updates shall be governed by this Agreement (as amended by any terms and conditions that may be provided with Updates).
actions undertaken by the application on your device:
Upon download and installation of the Application, You grant the following permissions to the Application to perform the following actions on the device You have installed the Application in.
- To read from, write on, modify and delete data pertaining to the Application on the device’s hard disk and/or external storage;
- To access information about networks, access networks including Wi-Fi networks, receive and send data through the network;
- To determine Your approximate location from sources like, but not limited to mobile towers and connected Wi-Fi networks;
- To determine Your exact location from sources such as, but not limited to GPS.
- To access SMS / messaging, Contact book, Location mapping, Social media / chat forums / Email (if employee wishes to post job opportunities on social media)
- To retrieve information about other application running on the device the Application has been installed on and open them.
- To detect when the phone had been switched off and switched on for the purpose of sending notification/ push notifications.
- To access and change the display and sound settings of the device the Application has been installed in.
- Permissions sought from the device : permission to read contacts, permission to send / read SMSs / MMSs, make phone calls, read call history, get location information (for SOS and Track me)
- All information, content, services and software displayed on, transmitted through, or used in connection with the Application, including for example news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively and hereinafter referred to as the "Content"), as well as its selection and arrangement, is owned by Us. You may use the Content only through the Application, and solely for your personal, non-commercial use.
- You may not, republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Application, not to insert any code or product or manipulate the content of the Application in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method.
INTELLECTUAL PROPERTY COMPLAINTS
- We respect the intellectual property of others. If You believe Your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Application, please email us at email@example.com
- Information and Content provided by the User by providing information to, communicating with, and/or placing material on, the Application, including for example but not limited to, communication during any registration and communication on the bulletin board, message or chat area, You represent and warrant:
- You own or otherwise have all necessary rights to the content you provide and the rights to use it as provided in this Terms of Service;
- all information You provide is true, accurate, current and complete, and does not violate these Terms of Service;
- the information and Content shall not cause injury to any person or entity. Using a name other than your own legal name is prohibited (except in those specific areas of the Application that specifically ask for unique, fictitious names such as, inter alia certain message boards and chat rooms).
For all such information and material, you grant us, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such information, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize us to share the information across all our affiliated Applications, to include the information in a searchable format accessible by users of the Application and other affiliated Applications, and to use your name and any other information in connection with its use of the material you provide. You also grant the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
- The Application can be used in any country and We make no representation that materials or Content available through our Application is appropriate or available for use outside any of these countries.
- If You access or use the Application, You are solely responsible for compliance with necessary laws and regulations for use of the Application.
- We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or add, change and modify prices for all or part of the Services for You or for all Users at any time and in Our sole discretion. These changes shall become effective upon providing a notice of the same to You via email/ on the home screen of the Application. We further reserve the right to withhold, remove and or discard any content available as part of Your account, with or without notice, if deemed by Us to be contrary to this Agreement.
- The Application has no obligation to provide You with a copy of the information You or any other User provides on the Application or that the Application has accessed.
- Further, We reserve the right, in Our sole discretion, to modify or replace any part of this Agreement at any time, effective upon the date of giving Users notice of the same. Notice shall be provided of such change via email to the Users and/or by posting a notice on the home screen of the Application.
- You and We both understand that there may be instances of difficulty in accessing or receiving email communication. We are not responsible if any email notice gets caught by Your SPAM folder, or if You do not see the email, or if You have given us an incorrect email id or if for any other reason You do not receive the email notice. Therefore, we encourage you to frequently open the Application to monitor any changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new services and/or features through the Application. Such new features and/or services shall be subject to the terms and conditions of this Agreement.
DISCLAIMER OF WARRANTIES AND LIABILITIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
THE APPLICATION, SERVICES AND OTHER MATERIALS ARE PROVIDED BY THIS APPLICATION IS ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY THAT:
- YOUR REQUIREMENTS WILL BE MET OR THAT SERVICES PROVIDED WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
- MATERIALS, INFORMATION AND RESULTS OBTAINED WILL BE EFFECTIVE, ACCURATE OR RELIABLE;
- ANY ERRORS OR DEFECTS IN THE APPLICATION, SERVICES OR OTHER MATERIALS WILL BE CORRECTED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. THE COMPANY ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
- THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE APPLICATION IS DONE ENTIRELY AT HIS/HER OWN DISCRETION AND RISK AND HE/SHE WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS/HER COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. WE ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. THE COMPANY ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
- WE SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES. THE ADVERTISEMENT AVAILABLE ON E-MAIL OR APPLICATION WITH RESPECT TO THE THIRD PARTY APPLICATION OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY.
You agree to indemnify, hold harmless, and defend Us from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to attorneys' fees), incurred by or made Us in connection with any claim arising from or related to:
- Your use or any Third Party’s use via Your account of the Service provided by the Application and its Content.
- Any breach or violation of this Agreement, including any amendment, or of any statute or regulation by You, or any Third Party through Your account.
You agree to fully cooperate in indemnifying Us at Your expense. You also agree not to reach a settlement with any party without Our consent.
This Terms of Service is effective unless and until terminated by either you or the Company. You may terminate this Terms of Service at any time, provided that you discontinue any further use of the Application. The Company may terminate this Terms of Service at any time and may do so immediately without notice, and accordingly deny you access to the Site.
Such termination will be without any liability to the Company. The Company’s right to any Comments and to be indemnified pursuant to the terms hereof, shall survive any termination of this Terms of Service. Any such termination of the Terms of Service shall not cancel your obligation to pay for product(s) already ordered from the Site or affect any liability that may have arisen under the Terms of Service prior to the date of termination.
DISPUTES ARISING OUT OF THIS AGREEMENT
Any disputes arising out of it shall be first resolved by arbitration, as per the Arbitration and Conciliation Act 1996. The seat of the arbitral proceedings shall be Delhi. The matter shall be referred to a sole arbitrator as selected by Company. The arbitral award shall be final and binding on both parties.
- Entire Agreement: This Agreement is the complete and exclusive statement of the agreements between You and Us with respect to the subject matter hereof and supersedes all other communications or representations or agreements (whether oral, written or otherwise) relating thereto.
- Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party's right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.
- Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.
If you have any questions about this Terms of Service, the practices of the Company, or your experience with the Service, you can e-mail us at firstname.lastname@example.org