Terms and Conditions
PURPOSE:
shinycareer.com is intended only to serve as a preliminary medium of contact and exchange of information for its users / members / visitors who have a bona fide intention to contact and/or be contacted for the purposes related to genuine existing job vacancies and for other career enhancement services.
The domain name www.shinycareer.com (hereinafter referred to as "Website") is owned by shinycareer Services India Pvt Ltd a company incorporated under the Companies Act, 1956 .
Your use of the Website and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If You transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with shinycareer Services India Pvt Ltd and these terms and conditions including the policies constitute your binding obligations, with shinycareer.com.
For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a user of the Website by providing Registration Data while registering on the Website as Registered User using the computer systems. shinycareer.com allows the User to surf the Website or making purchases without registering on the Website. The term "We", "Us", "Our" shall mean shinycareer Services India pvt Ltd.
When you use any of the services provided by us through the Website, including but not limited to job postings, resume services etc. You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these Terms of Use, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESETERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING.
By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by shinycareer.com Policies ((including but not limited to Privacy Policy available on Privacy Policy) as amended from time to time.
Users who violate these Terms may have their access and use of the shinycareer Sites suspended or terminated, at shinycareer’s discretion.
- Eligibility : You must be 18 years of age or older to visit or use shinycareer.com in any manner. By visiting shinycareer.com or accepting these Terms of Use, You represent and warrant to the Company that You are 18 years of age or older, and that You have the right, authority and capacity to use the Web Site and agree to and abide by these Terms of Use. You also represent and warrant to the Company that you will use shinycareer.com in a manner consistent with any and all applicable laws and regulations.
- Use of shinycareer Content : shinycareer authorizes You, subject to these Terms, to view and a single copy of the content available on or from shinycareer.com and to access and use the shinycareer Sites and the shinycareer Content (as defined below) and to download and print a single copy of the content available on or from the shinycareer Sites solely for Your personal, non-commercial use. The contents of shinycareer.com, and of all other websites under the Company`s control, whether partial or otherwise (shinycareer.com and such other websites are sometimes collectively referred to as the “shinycareer Sites”), such as designs, text, graphics, images, video, information, logos, button icons, software, audio files and other shinycareer content (collectively, "shinycareer Content"), are protected under both India and foreign copyright, trademark and other laws. All shinycareer Content is the property of shinycareer or its licensors. The compilation (meaning the collection, arrangement and assembly) of all content on the shinycareer Sites is the exclusive property of shinycareer and is protected by Indian laws. Unauthorized use of the shinycareer Content may violate these laws and/or applicable communications regulations and statutes, and is strictly prohibited. You must preserve all copyright, trademarks, service mark and other proprietary notices contained in the original shinycareer Content on any authorized copy you make of the shinycareer Content. You may not sell or modify the shinycareer Content or reproduce, display, publicly perform, distribute, or otherwise use the shinycareer Content in any way for any public or commercial purpose, in connection with products or services that are not those of shinycareer, in any other manner that is likely to cause confusion among consumers or that otherwise infringes shinycareer`s intellectual property rights. Any code that shinycareer creates to generate or display any shinycareer Content or the pages making up any shinycareer Site is also protected by shinycareer`s copyright and You may not copy or adapt such code. You may not use any of the shinycareer Content on any other Web site or in a networked computer environment (including, without limitation, by uploading or republishing shinycareer Content on any Internet, Intranet or Extranet site or incorporating the shinycareer Content in any other database or compilation for any purpose). You shall not copy or adapt the HTML code that the Company creates to generate any shinycareer Content or the pages making up any shinycareer Site which is also protected by the Company`s copyright. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppels, implication or otherwise. This license is revocable at any time without notice and with or without cause.
- shinycareer Site Restrictions : Users shall not use any shinycareer Site in order to host, display, upload, modify, publish, transmit, update, distribute, share, store or destroy material, including without limitation shinycareer Content,
- in violation of any applicable law or regulation,
- in a manner that will infringe the copyright, trademark, trade secret or other intellectual property or proprietary rights of others or violate the privacy, publicity or other personal rights of others,
- that belongs to another person and to which the user does not have any right to,
- that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, threatening, abusive or hateful or racially, ethnically objectionable, disparaging, relating encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever,
- harm minors in any way,
- deceives or misleads the addressee about the origin of such message or communicates any information which is grossly offensive or menacing in nature,
- impersonate another person or entity,
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of shinycareer’s computer systems or site or shinycareer’s users, customer’s computer systems or site,
- Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states or of public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or insulting any other nation.
Users are also prohibited from violating or attempting to violate the security of any shinycareer Site, including, without limitation the following activities:
- accessing data not intended for such user or logging into a server or account which the user is not authorized to access;
- attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to any shinycareer Site, overloading, "flooding", "spamming", "mail bombing" or "crashing"; or
- 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. The Company 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.
- Registration Information : When you register with any shinycareer Site, You will be asked to provide the Company with certain information including, without limitation, a valid email address (you’re "Information"). In addition to the Terms of Use and any privacy policy applicable to any shinycareer Web Site, You understand and agree that the Company may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. The Company will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. The Company reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by the Company or by third parties. Please see the Company`s Privacy Statement for further details regarding your Information. Without limiting any of the other disclaimers of warranty set forth in these Terms of Use, shinycareer does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through the shinycareer.comor any other shinycareer Site, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of the applicable class, or learning material, product or service, under the terms agreed to by the provider.
- Use of the shinycareer Services : The job posting, resume database (“shinycareer Resume Database”) and other features of the shinycareer Sites may be used only by individuals seeking employment and/or career information and by employers seeking employees. In addition, the shinycareer Communities may be used by individuals for permitted professional and personal networking purposes. Your use of the shinycareer Services is also subject to any other contracts you may have with shinycareer. In the case of any conflict between these Terms and any contract you have with shinycareer, the terms of your contract will prevail. The term “post” as used herein shall mean information that you submit, publish or display on a shinycareer Site.
- Specific Prohibited uses : The job posting and resume database features of shinycareer.commay be used only for lawful purposes by individuals seeking employment and career information and employers seeking employees. The Company specifically prohibits any other use of shinycareer.com, and all Users agree not to do any of the following:
- Transmit, post, distribute, store or destroy material, including without limitation shinycareer Content, in violation of any applicable law or regulation, including but not limited to laws or regulations governing the collection, processing, or transfer of personal information, or in breach of shinycareer’s privacy policy;
- Post any resume or apply for any job on behalf of another party;
- Defer any contact from an employer to any agent, agency, or other third party;
- Set more than one copy of the same resume to public at any one time;
- Solicit passwords or personally identifiable information from other Users;
- Post any jobs on any shinycareer Site for any competitor of shinycareer or posting jobs or other content that contains links to any site competitive with shinycareer;
- Post jobs or content on any shinycareer Site that contain any hyperlinks, email addresses, HTML Tags, "hidden" keywords or any keywords that are irrelevant to the job or are otherwise misleading contained in a job posting are prohibited;
- Post jobs for modeling or talent or talent scouting positions on any shinycareer Site;
- Use any shinycareer Site Resume Database for any purpose other than as an employer seeking employees, including but not limited to using the information in the Resume Database to sell or promote any products or services;
- Post or submit to any shinycareer Site any incomplete, false or inaccurate biographical information or information which is not your own;
- Post on any shinycareer Site any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an upfront or periodic payment, pays commissions only (except for postings that make clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling, in which case such postings are permissible), requires recruitment of other members, sub-distributors or sub-agents;
- Send unsolicited mail or e-mail, making unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of products or services to a user of any shinycareer Site;
- Delete or revise any material posted by any other person or entity;
- Delete or revise any material posted by any other person or entity;
- Take any action that imposes an unreasonable or disproportionately large load on any shinycareer Site`s infrastructure;
- Use any data mining, robots or similar data gathering or extraction methods. Notwithstanding anything to the contrary contained herein, use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search any shinycareer Site other than the search engine and search agents available from the Company on such shinycareer Site.
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of any shinycareer Site;
- Aggregate, copy or duplicate in any manner any of the shinycareer Content or information available from any shinycareer Site including expired job postings, other than as permitted by these Terms; or
- Frame or link to any of shinycareer Content or information available from any shinycareer Site.
- Use the shinycareer Services for any unlawful purpose or any illegal activity, or post or submit any content, resume, or job posting that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined by shinycareer’s discretion.
The Company also specifically prohibits any use / insertion of any of the User’s URL, web link, e mail address and website while posting any job on shinycareer.com and all Users agree not to use / insert any of the User’s URL, web link, e mail address and website while posting any job on shinycareer.com. On nonconformance by users of any of the aforesaid terms as envisaged in section 3 and 6 above, shinycareer may in its sole discretion, restrict or terminate the offending User`s ability to access the shinycareer Site(s) and determine whether to take any other actions or to remove or request the removal of the User Content. shinycareer has no liability or responsibility to Users for performance or nonperformance of such activities. Additionally, shinycareer has the right to initiate appropriate proceedings against the offending user as per law.
- User Content and Submissions : You are solely responsible for your My shinycareer Account information, content, messages or other information ("User Content") that You submit, publish or display (hereinafter, "post") on any shinycareer Site or transmit to other Users. By posting User Content to any shinycareer Site, You automatically grant, and You represent and warrant that You have the right to grant, to shinycareer an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such User Content and to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses thereof. By posting User Content to any public or non-public area of any shinycareer Site, including message boards, forums, contests and chat rooms, You grant the Company and its parent company and affiliates the loyalty-free, perpetual, irrevocable, sublicense able (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the User Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any User to access, display, view, and store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed any shinycareer Site retains any and all rights that may exist in such User Content. You agree that any email send by an employer to a jobseeker for any prospective job opportunity through shinycareer website may be stored at the shinycareer account of the said jobseeker for at least a period of 7 days, to enable the said jobseeker to access the email, as send by the employer, to take a conscious decision about the job offer in the said email. The Company acts as a passive conduit for the online distribution and publication of User Content and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring User Content posted by Users. However, the Company may review and delete any User Content that, in the sole judgment of shinycareer, violates these Terms of Use, violates applicable law, rule or regulation, is offensive or illegal or violates the rights of, harms or threatens the safety of Users of any shinycareer Site. The Company reserves the right to expel Users and prevent their further access to the shinycareer Sites for violating the Terms of Use or applicable law, rule or regulation and the right to remove User Content which is in violation of the Terms of Use, abusive, illegal, or disruptive. The Company reserves the right to archive the user content folders which were not being accessed for a period of 6 months or more by the relevant users after its last access. In such event users will be able to access the archive folders with minor limitations including but not limited to non-availability of the options of move to another folder, renew jobs associated with the said folders. The Company may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes it may create liability for the Company or may cause the Company to lose (in whole or in part) the services of its ISPs or other suppliers. The following is a partial list of User Content that is prohibited on the shinycareer Sites. The list below is for illustration only and is not a complete list of all prohibited 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;
- harasses, incites harassment or advocates harassment of another any group or individual;
- involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
- promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes or endorses an illegal or unauthorized copy of another person`s 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;
- contains restricted or password only access pages, or hidden pages or images;
- displays or links to pornographic, indecent or sexually explicit material of any kind;
- provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; or
- 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;
shinycareer reserves the right in its sole discretion to investigate and take legal action against anyone who engages in any illegal or prohibited conduct or otherwise violates these Terms of Use, including without limitation, removing the User Content from the shinycareer Sites and/or terminating the offending User`s ability to access the shinycareer Sites and/or use shinycareer services. The Company may take any other action with respect to User Content or User actions that it deems necessary or appropriate in its sole discretion if it believes it may create liability for the Company or may cause the Company to lose (in whole or in part) the services of its ISPs or other suppliers.
The Company does not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other communications posted by Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk. The Company has no obligation to screen User Content in advance and is not responsible for screening or monitoring User Content posted by Users. If notified by a User of communications which allegedly do not conform to these Terms of Use, the Company may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the User Content. The Company has no liability or responsibility to Users for performance or of such activities.
We appreciate hearing from our Users and welcome your comments regarding our services and the shinycareer Sites. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, You send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submission"), the Submission shall be the property of the Company. None of the Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. The Company shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person who submitted the Submission
- Registration and Password : You are responsible for maintaining the confidentiality of your account access information and passwords. You shall be responsible for all uses of your Web Site registrations and passwords, whether or not authorized by You. You are not authorized to share your password or other account access information with any other party, temporarily or permanently, and breach of this obligation may tantamount to disabling the shinycareer account and shinycareer Services. You agree to immediately notify the Company of any unauthorized use of your Account, and passwords.
- Additional Terms Applicable to Employers : You are responsible for maintaining the confidentiality of your employer account, Profile and passwords, as applicable. You may not share Your password or other account access information with any other party, temporarily or permanently, and You shall be responsible for all uses of Your shinycareer Site registrations and passwords, whether or not authorized by You. You agree to immediately notify shinycareer of any unauthorized use of your employer account, Profile, or passwords.
Employers are solely responsible for their postings on shinycareer Sites. shinycareer is not to be considered to be an employer with respect to your use of any shinycareer Site and shinycareer shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on any shinycareer Site. You understand and acknowledge that if you cancel Your employer account or Your employer account is terminated, all Your account information from shinycareer, including saved resumes, network contacts, and email mailing lists, will be marked as deleted in and may be deleted from shinycareer`s databases. Information may continue to be available for some period of time because of delays in propagating such deletion through shinycareer’s web servers. In order to protect our shinycareer Community Users from commercial advertising or solicitation, shinycareer reserves the right to restrict the number of e-mails which an employer may send to Users to a number which shinycareer deems appropriate in its sole discretion. Candidate profiles derived from User Content may also be made available through the Sites. shinycareer does not make any representations regarding the accuracy or validity of such derived works or their appropriateness for evaluation by employers. Derived profiles may vary significantly from User Content.
Job postings
A Job posting may not contain:
- any hyperlinks, other than those specifically authorized by shinycareer;
- misleading, unreadable, or "hidden" keywords, repeated keywords or keywords that are irrelevant to the job opportunity being presented, as determined in shinycareer’s reasonable discretion;
- the names, logos or trademarks of unaffiliated companies other than those of your customer save where expressly agreed by shinycareer;
- the names of colleges, cities, states, towns or countries that are unrelated to the posting;
- more than one job or job description, more than one location, or more than one job category, unless the product so allows;
- inaccurate, false, or misleading information; and
- Material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18.
You may not use Your shinycareer job posting to:
- post jobs in a manner that does not comply with applicable local, national laws, including but not limited to laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property;
- post jobs that require citizenship of any particular country or lawful permanent residence in a country as a condition of employment, unless otherwise required in order to comply with law, regulations, executive order, or federal, state or local government contract;
- post jobs that include any screening requirement or criterion in connection with a job posting where such requirement or criterion is not an actual and legal requirement of the posted job;
- post jobs or other advertisements for competitors of shinycareer or post jobs or other content that contains links to any site competitive with shinycareer;
- sell, promote or advertise products or services;
- post any franchise, pyramid scheme, "club membership", distributorship, multi-level marketing opportunity, or sales representative agency arrangement;
- post any business opportunity that requires an upfront or periodic payment or requires recruitment of other members, sub-distributors or sub-agents;
- post any business opportunity that pays commission only unless the posting clearly states that the available job pays commission only and clearly describes the product or service that the job seeker would be selling;
- advertise sexual services or seek employees for jobs of a sexual nature;
- request the use of human body parts or the donation of human parts, including, without limitation, reproductive services such as egg donation and surrogacy;
- endorse a particular political party, political agenda, political position or issue;
- promote a particular religion;
- post jobs located in countries subject to economic sanctions of the United States Government; and
- except where allowed by applicable law, post jobs which require the applicant to provide information relating to his/her
- racial or ethnic origin
- political beliefs
- philosophical or religious beliefs
- membership of a trade union
- physical or mental health
- sexual life
- the commission of criminal offences or proceedings or
- Age .
shinycareer reserves the right to remove any job posting or content from any shinycareer Site, which in the reasonable exercise of shinycareer’s discretion, does not comply with the above Terms, or if any content is posted that shinycareer believes is not in the best interest of shinycareer.
If at any time during your use of the shinycareer Services, You made a misrepresentation of fact to shinycareer or otherwise misled shinycareer in regards to the nature of your business activities, shinycareer will have grounds to terminate your use of the shinycareer Services.
Resume Database
Use of the shinycareer Resume Database by Employers
You shall use the shinycareer Resume Database as provided in these Terms and in any contract you have with shinycareer. You shall use the shinycareer Resume Database in accordance with all applicable privacy and data protection laws, and you agree you shall not further disclose any of the data from shinycareer Resume Database to any third party, unless You are an authorized recruitment agency, staffing agency, advertising or other agency or using the resume explicitly for employment purposes. You shall take appropriate physical, technical, and administrative measures to protect the data You have obtained from shinycareer Resume Database from loss, misuse, unauthorized access, disclosure, alteration or destruction. You shall not share Resume Database seat-based license login credentials with any other party, nor share Resume Database pay-per-view license login credentials with any party.
The shinycareer Resume Database shall not be used:
- for any purpose other than as an employer seeking employees, including but not limited to advertising promotions, products, or services to any resume holders;
- to make unsolicited phone calls or faxes or send unsolicited mail, email, or newsletters to resume holders or to contact any individual unless they have agreed to be contacted (where consent is required or, if express consent is not required, who has not informed you that they do not want to be contacted); or
- To source candidates or to contact job seekers or resume holders in regards to career fairs and business opportunities prohibited by these Terms of Use.
In order to ensure a safe and effective experience for all of our customers, shinycareer reserves the right to limit the amount of data (including resume views) that may be accessed by You in any given time period. These limits may be amended in shinycareer’s sole discretion from time to time.
- Additional terms applicable to Job Seekers : When You register with any shinycareer Site, You will be asked to create an account and provide shinycareer with certain information including, without limitation, a valid email address (Your "Information").
Any Profile You submit must be accurate and describe You, an individual person. The Profile requires standard fields to be completed and you may not include in these fields any telephone numbers, street addresses, email addresses or other means of contacting you, other than Your last name and URLs. You acknowledge and agree that You are solely responsible for the form, content and accuracy of any resume or material contained therein placed by You on the shinycareer Sites.
shinycareer reserves the right to offer third party services and products to you based on the preferences that You identify in Your registration and at any time thereafter or you have agreed to receive, such offers may be made by shinycareer or by third parties. Please see shinycareer`s Privacy Policy (http://www.careerbharatindia.com/privacy.html) , for further details regarding Your Information.
You understand and acknowledge that You have no ownership rights in Your account and that if You cancel Your shinycareer account or Your shinycareer account is terminated, all Your account information from shinycareer, including resumes, Profiles, cover letters, saved jobs, questionnaires will be marked as deleted in and may be deleted from shinycareer`s databases and will be removed from any public area of the shinycareer Sites. Information may continue to be available for some period of time because of delays in propagating such deletion through shinycareer’s web servers. In addition, third parties may retain saved copies of Your Information.
shinycareer reserves the right to delete Your account and all of Your Information after a significant duration of inactivity. - Data Privacy and SMS Alerts : In the context of the `alerts` service being introduced by shinycareer; the candidate consents to the use of his personal data in the form of cellular phone number(s) being used by shinycareer to forward relevant job alerts and other information as and when they become available.
Terms for Job Seekers:
Jobseekers have the capability to connect with other job seekers on shinycareer website through their respective shinycareer Accounts. This connect can happen only among seekers who have some common background like being colleagues at a company, college alumni, through their connect on email/social networks, or through their common connections on the Professional network. Job Seekers can use their profile in shinycareer Account for their Professional Network. Job Seekers may limit their profile access & visibility on the Professional network at their discretion. They can also control the flow of social activities related information to their contact IDs using their account settings.
Job seekers shall have three profile preferences - Public, Limited and Private.
- The Public profile will be accessible to all for social activities. It shall be visible & available for search to the network; can be imported as connections; can receive request for recommendation / endorsements, and can share their accreditations like assessments or certifications etc. within their network.
- The Limited profiles shall be accessible and visible to its connections only and can share their accreditations like assessments or certifications etc. within their network.
- The Private profile shall be restricted and not open to connections, and will not be searchable for social activities.
Job Seekers shall use the Professional Networking environment only for the purpose of career related information; opportunities and dissemination of information thereof through the network and shall not use Professional Networking for promotion of any sales, marketing, collecting / gathering of details of the users for the purpose or other activity, which is not permitted under these terms and Terms of use & Privacy of the shinycareer website. As a jobseeker, you understand and acknowledge that if you cancel your shinycareer account or your shinycareer account is terminated, all your information in the Professional network, will be marked as deleted in and may be deleted from shinycareer`s databases and will be removed from any public area of the shinycareer Sites. Information may continue to be available for some period of time because of delays in propagating such deletion through shinycareer’s web servers. However, your connections and third parties may retain saved copies of Your Information.
Terms for Recruiters:
Recruiters associated with shinycareer’s paid Clients, Customers/ Employers can create their Individual recruiter profile on shinycareer website, which shall be registered by shinycareer at its sole discretion. These recruiters will function as authorized users of their company’s shinycareer account(s). They can use their profile to manage their company’s profile, post jobs, do database searches and perform other recruitment related activities for their company. They can have a direct connect with the jobseekers, who can follow them to know about their activities.
Such authorized recruiters shall be solely responsible for managing Professional Networking profile and will not be able to represent the same account as soon as their engagement terminates with their respective Company. However, such recruiter’s Professional Networking profile will be there on shinycareer’s Professional Network containing the basic information of such recruiters along with the followers, which can be used by the recruiter for any other shinycareer Employer on association with the other shinycareer Employer. shinycareer reserves the right to delete or remove of any such individual authorized recruiters without notice if it comes to shinycareer`s knowledge or if it is otherwise notified to shinycareer that it infringes and/or violates any third party’s Trade Mark, Copy right and / or any other intellectual property right and shinycareer may also terminate access to its Website permanently.
Terms for Companies / Employers:
shinycareer’s paid clients/customers who use the site for their recruitments related requirements, and who will now be able to leverage the network through their authorized recruiters. As part of Professional Networking, the company would be able to connect with a larger audience by having direct followers of their profile, and also through connections of their recruiters. Through their company profile, they will be able to showcase their company environment, policies & other important information, and engage jobseekers through Polls & Surveys.
They will have sole responsibility of authorizing & managing the recruiters associated with their profile at their own discretion. In the event any of the Employer recruiter’s, engagement terminates with the Employer, having shinycareer’s Professional Networking representation for the Employer, it shall be the sole responsibility of the Employer to immediately notify shinycareer about the termination of engagement with the said recruiter and appointment of a new recruiter. Employer shall ensure to keep informed shinycareer changes / updates in their recruiters as and when any changes thereof from time to time.
Service Payment
While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
- Lack of authorization for any transaction/s, or
- Exceeding the preset limit mutually agreed by You and between "Bank/s", or
- Any payment issues arising out of the transaction, or
- Decline of transaction for any other reason/s
- All payments made against the purchases/services on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website. Before shipping / delivering your order to you, Seller may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online environment to Our Users.
- You have specifically authorized shinycareer.com or its service providers to collect, process, facilitate and remit payments and / or the Transaction Price electronically to and from other Users in respect of transactions through Payment Facility. Your relationship with shinycareer.com is on a principal to principal basis and by accepting these Terms of Use you agree that shinycareer.com is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on shinycareer.com Website that are paid for by using the Payment Facility. shinycareer.com does not guarantee the identity of any User nor does it ensure that a Buyer or a Seller will complete a transaction.
- You understand, accept and agree that the payment facility provided by shinycareer.com is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, collection and remittance facility for the Transactions on the shinycareer.com Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, shinycareer.com is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.
- shinycareer.com reserves the right to impose limits on the number of Transactions or Transaction Price which shinycareer.com may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
- shinycareer.com reserves the right to refuse to process Transactions by users with a prior history of questionable charges including without limitation breach of any agreements by user with shinycareer.com or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
Identification Of Agent To Receive Notification And Elements Of Notification Of Claimed Copyright Infringement
If You believe that your copyrighted work has been uploaded, posted or copied to any shinycareer Web Site and is accessible on such shinycareer Site in a way that constitutes copyright infringement, please notify us by providing our designated copyright agent with the following information:
- The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner`s behalf;
- A description of the copyrighted work You claim has been infringed, and a description of the activity that You claim to be infringing;
- Identification of the URL or other specific location on this web site where the material or activity You claim to be infringing is located or is occurring; You must include enough information to allow us to locate the material or the activity;
- Your name, address, telephone number and, if You have one, your e-mail address;
- A statement by You that You have a good faith belief that use on the web site of the copyrighted work in the manner You are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law; and
- A statement by You, made under penalty of perjury, that the information You have provided in your notice is accurate and that You are either the copyright owner or are authorized to act on behalf of the copyright owner.
Grievance officer
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
By / mail : help@shinycareer.com Need help with a job seeker issue? Contact us now.
Policy Regarding Termination Of Users Who Infringe The Copyright Or Other Intellectual Property Rights Of Others.
shinycareer Services India Pvt Ltd all of our affiliated companies respect the intellectual property of others, and we ask our users, account holders and content partners to do the same.
The unauthorized reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owner’s rights. As a condition to your use of shinycareer.com, You agree not to use shinycareer.comor any other shinycareer Site to infringe the intellectual property rights of others in any way. We will terminate the accounts of any shinycareer.com account holders, and block access to shinycareer.comand/or the other shinycareer Sites of any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the account holder who is terminated or to the User whose access is blocked.
Notwithstanding the foregoing, in the event that You believe in good faith that a notice of copyright infringement has been wrongly filed against You, please contact the Director of Compliance and Fraud Prevention as under :
By mail: Ceo@shinycareer.com
shinycareer`s Liability
The shinycareer.com and other shinycareer Sites act as, among other things, venues for
- employers to post job opportunities and search for and evaluate job candidates and
- Candidates to post resumes and Profiles and search for and evaluate job opportunities. shinycareer does not screen or censor the listings, including Profiles offered. shinycareer is not involved in the actual transaction between employers and candidates. As a result, shinycareer is not responsible for User Content, the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings and shinycareer makes no representations about any jobs, resumes or User Content on shinycareer.comand the other shinycareer Sites. While shinycareer reserves the right in its sole discretion to remove User Content, job postings, resumes or other material from the shinycareer Sites from time to time, shinycareer does not assume any obligation to do so and to the extent permitted by law, disclaims any liability for failing to take any such action.
- Please note that shinycareer.com only shares your resume with the recruitment consultants & Companies. We do not have any tie up with the placement consultants nor do we provide any assurance of job offers. While shinycareer services have helped many customers over the years, we do not guarantee any interview calls or assure any job offers with any of our services.
- shinycareer Communities provides a venue for individuals to network for professional and personal purposes and shinycareer does not screen or censor the Profiles or User Content on the shinycareer Sites. shinycareer is not involved in the actual communications between Users. As a result, shinycareer has no control over the accuracy, reliability, completeness, or timeliness of the Profiles or User Content submitted on the shinycareer Sites and makes no representations about any Profile or User Content on the shinycareer Sites. In addition, please note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom You come in contact through the shinycareer Sites. By its very nature other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that You will use caution and common sense when using the shinycareer.comand other shinycareer Sites. Because User authentication on the Internet is difficult, shinycareer cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in User-to-User dealings or control the behavior of participants on any shinycareer Site, in the event that You have a dispute with one or more Users, You release shinycareer (and our agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes to the fullest extent permitted by law. The shinycareer Sites and the shinycareer Content may contain inaccuracies or typographical errors. shinycareer makes no representations about the accuracy, reliability, completeness, or timeliness of any shinycareer Site or the shinycareer Content. The use of all shinycareer Sites and the shinycareer Content is at your own risk. Changes are periodically made to shinycareer Sites and may be made at any time. shinycareer cannot guarantee and does not promise any specific results from use of any shinycareer Site. No advice or information, whether oral or written, obtained by a User from shinycareer or through or from any shinycareer Site shall create any warranty not expressly stated herein. You acknowledge and agree that You are solely responsible for the form, content and accuracy of any resume or material contained therein placed by You on the shinycareer Sites. Employers are solely responsible for their postings on shinycareer Sites. The Company is not to be considered to be an employer with respect to your use of any shinycareer Site and the Company shall not be responsible for any employment decisions, for whatever reason made, made by any entity posting jobs on any shinycareer Site. shinycareer encourages you to keep a back-up copy of any of Your User Content. To the extent permitted by law, in no event shall shinycareer be liable for the deletion, loss, or unauthorized modification of any User Content.
If you believe that something on the Site violates these Terms please contact our designated agent set forth above.
If notified of any content or other materials which allegedly do not conform to these Terms, shinycareer may in its sole discretion investigate the allegation and determine whether to remove or request the removal of the content. shinycareer has no liability or responsibility to Users for performance or nonperformance of such activities.
Disclaimer of Warranty
THE COMPANY DOES NOT WARRANT THAT ANY shinycareer SITE WILL OPERATE ERROR-FREE OR THAT ANY shinycareer SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY shinycareer SITE OR THE shinycareer CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE shinycareer SITES AND shinycareer CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT POSSIBLE BY LAW, shinycareer DOES NOT WARRANT THAT ANY shinycareer SITE OR ANY shinycareer SERVICES WILL OPERATE ERROR-FREE OR THAT ANY shinycareer SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY shinycareer SITE OR THE shinycareer CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, shinycareer IS NOT RESPONSIBLE FOR THOSE COSTS. THE shinycareer SITES AND shinycareer CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. shinycareer, 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. shinycareer MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE shinycareer CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
Disclaimer of Consequential Damages
TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL shinycareer, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY shinycareer SITE BE LIABLE FOR ANY 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 THE USE OR INABILITY TO USE ANY shinycareer SITE AND THE shinycareer CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT shinycareer IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation of Liability
TO THE FULLEST EXTENT POSSIBLE BY LAW, shinycareer`S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY shinycareer SITE OR YOUR USE OF THE shinycareer CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED INR 1,000.
Links to Other Sites
The shinycareer Sites contain links to third party Web sites. These links are provided solely as a convenience to You and not as an endorsement by shinycareer of the contents on such third-party Web sites. shinycareer is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If you decide to access linked third-party Web sites, you do so at Your own risk.
No Resale or Unauthorized Commercial Use
You agree not to resell or assign your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of any shinycareer Site.
Indemnity
You agree to defend, indemnify, and hold harmless shinycareer, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material You provide to any shinycareer Site, (ii) Your use of any shinycareer Content, or (iii) Your breach of these Terms. shinycareer shall provide notice to You promptly of any such claim, suit, or proceeding.
General
The Company makes no claims that the shinycareer Content may be lawfully viewed or accessed outside of India. Access to the shinycareer Content may not be legal by certain persons or in certain countries. Your access to shinycareer sites is at your own risk and you are responsible for compliance with the laws of respective State’s jurisdiction as may be applicable to You. These Terms of Use are governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Boston, Massachusetts. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in an additional agreement, additional terms of use for areas of shinycareer.com, and a particular "Legal Notice," or Software License or material on particular Web pages, these Terms of Use constitute the entire agreement between you and the Company with respect to the use of shinycareer.com. No changes to these Terms of Use shall be made except by a revised posting on this page.
Redressal of Users Grievance
The Company has designated Indra Paurush as Grievance Officer to redress the grievances of the users. The aggrieved user may submit their grievances by addressing to By / mail : help@shinycareer.com
Additional Terms of Use
Certain areas of shinycareer.comand the other shinycareer Sites are subject to additional terms of use. By using such areas, or any part thereof, you agree to be bound by the additional terms of use applicable to such areas.
Term and Termination
These Terms of Use will remain in full force and effect while you are a User of shinycareer.com at any level. The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your User Content from shinycareer.comand the other shinycareer Sites and immediate termination of your registration with or ability to access shinycareer.comand the other shinycareer Sites and/or any other services provided to You by the Company, upon any breach by You of these Terms of Use or if the Company is unable to verify or authenticate any information You submit to shinycareer.comor other shinycareer Site registration. Even after you are no longer a User of shinycareer.com, certain provisions of these Terms of Use will remain in effect, including Sections 2, 6, 10 through 25 and "Additional Terms of Use" inclusive.
Note: The terms in this agreement may be changed by shinycareer at any time. Info Edge is free to offer its services to any client/prospective client without restriction.
These “Terms of Use” and “Privacy Commitment of shinycareer site constitute a binding agreement between you and shinycareer, and is accepted by you upon your use of the shinycareer Site. Update effective: December, 2024