Terms of Use


Introduction

Welcome to ToilJobs. These are the terms and conditions governing your use of the website. By accessing ToilJobs either through the website or any other electronic device, you acknowledge, accept and agree to the following terms, which are designed to make sure that ToilJobs works for everyone. This is effective from the time you log in to ToilJobs. By accepting this, you are also accepting and agreeing to be bound by the Privacy Policy and the Listing Policy.



Using ToilJobs

You agree and understand that www.ToilJobs.com is an internet enabled electronic platform that facilitates communication for the purposes of advertising and distributing information pertaining to goods and/ or services

While making use of ToilJobs classifieds and other services such as the discussion forums, comments and feedback and other services, you will post in the appropriate category or area and you agree that your use of the website shall be strictly governed by this policy including the policy for listing of your Classified which shall not violate the prohibited and restricted items policy (herein after referred to as the Listing Policy). The listing policy shall be read as part of this policy and is incorporated in this policy by way of reference


"Your Information" is defined as any information you provide to us or other users of the Site during the registration, posting, listing or replying process of classifieds, in the feedback area (if any), through the discussion forums or in the course of using any other feature of the Services. You agree that you are the lawful owner having all rights, title and interest in your information, and further agree that you are solely responsible and accountable for Your Information and that we act as a mere platform for your online distribution and publication of Your Information


You agree that your listing, posting and / or Information :

  1. Shall “not be fraudulent, misrepresent, mislead or pertain to the sale of any illegal, counterfeit, stolen goods and / or services
  2. Shall not pertain to goods, services of which you are not the lawful owner or you do not have the authority or consent to 'list' which do not belong to you or you do not have the authority for
  3. Shall not infringe any intellectual property, trade secret, or other proprietary right or rights of publicity or privacy of any third party
  4. Shall not consist of material that is an expression of bigotry, racism or hatred based on age, gender, race, religion, caste, class, lifestyle preference, and nationality and / or is in the nature of being derogatory, slanderous to any third party
  5. Shall not be obscene, contain pornography or contain “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986
  6. Shall not distribute or contain spam, multiple / chain letters, or pyramid schemes in any of its forms
  7. Shall not distribute viruses or any other technologies that may harm ToilJobs or the interests or property of ToilJobs users or impose an unreasonable load on the infrastructure or interfere with the proper working of ToilJobs
  8. Shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any goods and services, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force
  9. Shall not be placed in a wrong category or in an incorrect area of the site
  10. Shall not list or post or pertain to information that is either prohibited or restricted under the laws of the Republic of India and such listing, posting or information shall not violate ToilJobs's
  11. You consent to receive communications by email, call or by such other mode of communication, electronic or otherwise related to the services provided through the website
  12. You agree that your listing, posting and / or Information: If you use the Site by registering on the Site, you are responsible for maintaining the confidentiality of your User ID, password, email address and for restricting access to your computer, computer system, computer network and your ToilJobs account, and you are responsible for all activities that occur under your User ID and password. If you access the Site using any electronic device other than by registration on the Site, the policy remains applicable to you in the same manner as if you are a registered user on the Site

Listing policy

For use of our Site and other services, you confirm and declare that you shall not list or post or provide information in relation to the sale or purchase or exchange of goods and services, content or information that are illegal under the laws of the Republic of India and/or are not permitted as per the prohibited items policy listed below.
Prohibited Items Policy
  1. We specifically prohibit any listing or posting of classifieds or information in relation to the following items
    • Alcoholic Beverages, Liquor, tobacco products, drugs, psychotropic substances, narcotics, intoxicants of any description, medicines, palliative/curative substances nor shall you provide link directly or indirectly to or include descriptions of items, goods or services that are prohibited under any applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954 Narcotic Drug and Prohibited Substances Act and the Indian Penal Code, 1860
    • Living, dead person and/or the whole or any part of any human which has been kept or preserved by any means whether artificial or natural including any blood, bodily fluids and/ or body parts
    • Prostitution or any other service in the nature there of that purports to violate the provisions of Immoral Act or Indecent representation of women which violates the contemporary standards of morality and decency in Indian society
    • Religious items, including books, artifacts, etc. or any information, description of any such item that is likely to affect the religious sentiments of any person or group
    • Mature Audiences Policy includes films which do not have a certificate for public exhibition issued by the Central Board of Film Certification and or described and depict or otherwise deal with matters which are revolting or repulsive and or tend to deprave a persons mind in such a way that they tend to offend against the standards of morality, decency and propriety generally accepted by reasonable adults
    • Obscene Items includes items which contain an indecent representation of women within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; Any publication or film or item that describes or depicts a minor who is, or who appears to be, under 18 (whether the minor is engaged in sexual activity or not) and any computer games not suitable for minor that are unsuitable for a minor to see or play
    • Offensive Material intended for use in a sexual setting (including "bondage" and "fetish" items,) displaying sexual activity or portraying human genitalia in a "life-like" or realistic fashion
    • "Antiquities" and "Art Treasures" in violation of the provisions of the Antiquities and Art Treasures Act, 1972 ("the Act")
    • Information or items that are defamatory, libelous, threatening or abusive in nature
    • Information that is fraudulent, misrepresenting as to the nature and use of the goods or the services
    • Counterfeit, Pirated and stolen goods or unauthorized illegal services (services for which you are not licensed or permitted to do or do not have the authority to under take)
    • Items, goods and services that infringe or attempt to pass off any third parties intellectual property or rights of publicity or moral rights and or purport's to breach any persons right to privacy
    • Electronically transmitting through any medium computer viruses of any type or any computer program that facilitates hacking of a computer system which the intent to damage a computer or computer network or intercept any personal data
    • Your information shall not include any hate content, that is derogatory or slanderous in nature that may directed to any individual or group or advocate violence against any users individuals and or animals
    • Hazardous chemicals and pesticides and/ or items in violation of Hazardous Chemicals Act, 1985
    • Fireworks, Destructive Devices and Explosives including any material that enables the making of fireworks, explosive triggers and explosive devices
    • Identity Documents, Personal Financial Records & Personal Information (in any form, including mailing lists)
    • Lottery Tickets, Sweepstakes Entries and Slot Machines
    • Items in violation of the Food Adulteration Act, 1954
    • Military or Police Badges, Uniforms, coats-of-arms and or any Government emblems, insignia, and/ or items in violation of Emblems and names (Prevention of improper use) Act, 1950 and/ or Flag Codes of India Act, 2002
    • Weapons and related items (such as firearms, firearm parts and magazines, ammunition, tear gas, stun guns, switchblade knives or any other item which is prohibited under the Indian Arms Act, 1959
    • "Pyramid schemes" and "Multilevel Marketing" and/ or similar scams which are solely listed for the purpose of defrauding users
    • Spam, abusive, duplicate, listing, fraud schemes (e.g. "Get rich quick" "work at homes" scams which are solely listed for the purpose of duping users)
    • Inappropriate, Wrong Category (e.g dining table listed as office furniture)
    • Incorrect City / Location of Listing (listing allowed only in the city you are based in, of listing)
    • International Listings

  2. Without prejudice to the generality of the above, ToilJobs does not permit posting or listing of classifieds in relation to the following
    • "Securities" within the meaning of the Securities Contract Regulation Act, 1956, including shares, bonds, debentures, etc. and/or any other financial instruments/assets of any description.
    • Living, dead creatures and/or the whole or any part of any animal which has been kept or preserved by any means whether artificial or natural including rugs, skins, specimens of animals, antlers, horns, hair, feathers, nails, teeth, musk, eggs, nests, other animal products of any description the sale and purchase of which is prevented or restricted in any manner by applicable laws (including those prohibited under The Wildlife Protection Act, 1972 and/ or The Environment Protection Act, 1986)

  3. Your listing, information, Advertisement
    • Shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing. Further shall not be fraudulent, misrepresenting, misleading or pertain to the sale of any illegal, counterfeit, stolen goods and or services which do not belong to you or you do not have the authority for. Further still shall not infringe any intellectual property, trade secret, or other proprietary rights or rights of publicity or privacy of any third party
    • Shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
    • Shall not be allowed to libel anyone or include hate, derogatory, slanderous speech directed at individuals or groups. You should not advocate violence against other users or individuals or groups

  4. In addition to the above and for the purposes of clarity all Users shall be expected to adhere to and comply with the following Policies while listing of items
    • Restricted Item Policy: In addition to the above prohibited items policy users shall also adhere to and comply with the restricted items policy while listing, posting or providing information in relation to any goods or services
    • Duplicate Ad listings are not allowed: Any ad posted more than once with the same content or Title in the same city and category would be considered as a Duplicate Ad. We advise you to post multiple ads only if you have different items or services for sale. All duplicate ads would be deleted and posters penalized if the problem persists
    • Mature Audience/Sexually oriented material: Classifieds relating to items that includes items intended for use in sexual activity would not be permitted. (An example of such classifieds relating to an item not normally permitted would be a classified for the sale of a vibrator). Please also be aware that titles with graphic adult language are inappropriate, regardless of the item contained in the listing itself

  5. Consequences of Breach of Listing Policy
    • Users who violate the prohibited items policy and or the restricted items policy may be subject to the following actions
       Suspension or termination of membership
       Permanent blocking of access to the site
       Permanent blocking of access to the site

Eligibility

Use of ToilJobs, either by registration or by any other means, is available only to persons

  • Who are Citizens of the Republic of India
  • Who are 18 years of age and above
  • Who can enter into a legally binding contract, and or are not barred by any law for the time being in force

If you access ToilJobs, either by registration on the Site or by any other means, not as an individual but on behalf of a legal entity, you represent that you are fully authorized to do so and the listing, posting or information placed on the site on behalf of the legal entity is your responsibility and you agree to be accountable for the same to other users of the Site. The following entities are eligible to access ToilJobs

  1. Private Ltd company
  2. Public Ltd company
  3. Unlimited company
  4. Sole proprietorships
  5. Joint Hindi family business
  6. Partnerships
  7. Cooperatives
  8. Limited liability partnerships
  9. Liaison office
  10. Branch office
  11. Project office
  12. Subsidiary company
  13. Trust (NGO)
  14. Society (NGO)
  15. Section 8 companies

Liability

  • You agree not to hold www.toiljobs.com or any of its officers, employees, agents responsible or accountable for any of your listing, postings or information and nor shall we, our officers, employees or agents be liable for any misuse, illegal activity or third party content as most postings, listings or information are generated by various users directly and we do not have any role in the creation, publication or distribution of the posting, listing or information, nor are we in a position to have editorial control over the substance or content contained in the listings, postings, or information
  • You understand and agree that we do not guarantee the accuracy or legitimacy of any listing, posting, information by other users
  • You further agree that we are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of the site or as a result of any sale, purchase of goods and services with other users of the site
  • We also cannot guarantee continuous or secure access to our Services. Accordingly, to the extent legally permitted we exclude all implied warranties, of merchantability, fitness or quality of the website and our services
  • As a job-seeker you agree that ToilJobs will not be responsible for any payments made to a third-party (including verified companies)
  • As a recruiter you agree that misuse or fraud use of this platform will result in deactivation and/or further action. You also agree to adhere to all job posting rules
  • ToilJobs does not guarantee acceptance of the jobs posted by you on ToilJobs by job seekers
  • ToilJobs shall not be responsible or liable at all to the Advertiser if no business or business leads are generated for the Advertiser through premium ads on the website. Advertiser understands that ToilJob’s only obligation is to place the premium ads on the website in the manner provided for in these Terms
  • Accuracy of the information/content provided is the advertiser's responsibility and ToilJobs will not be held responsible for false claims made by the advertiser

Advertisers obligations

  • Advertiser agrees to make all payments due to ToilJobs in a timely and efficient manner and shall ensure that cheques issued do not bounce
  • Advertiser shall not issue stop-payment instructions in respect of such cheques
  • The Advertiser recognizes that ToilJobs has the right to take action under the Negotiable Instruments Act 1881 in respect of bounced cheques or take any other action available in law
  • Advertiser represents and warrants that:
    • It is a bona fide business organization or individual carrying on business in relation to the items disclosed to Funds and Toils
    • It has the right to use the trademarks it claims to have the right to use
    • The business carried on by Advertiser does not violate or infringe upon any law or regulation and all registrations required for carrying on business have been procured by it and
    • All Classified(s) provided to ToilJobs is/are and shall at all times be accurate and complete, and entirely lawful
    • The Advertiser shall bear complete responsibility for the quality of its services, and ToilJobs shall bear no responsibility for the same
    • - The Advertiser agrees to be bound by all applicable policies of ToilJobs relating to classifieds and the website, and the advertiser grants to Funds and Toils a worldwide intellectual property license (including a copyright and trade mark license) relating to all intellectual property rights in the classified(s) to do any acts in relation to the classified(s) which Funds and Toils may deem necessary to fulfil its obligations

Miscellaneous

  1. The payment for service once subscribed to by the subscriber is not refundable and any amount paid shall stand appropriated
  2. The amount paid entitles the subscriber alone to the service by ToilJobs for a period of subscription opted for from the date of posting the job on www.toiljobs.com
  3. ToilJobs uses an automated algorithm to match jobs against the keywords/attributes present in the profile submitted by the user, and hence offers no guarantee nor warranties that the jobs sent in the job emails will be relevant to the profile
  4. ToilJobs neither guarantees nor offers any warranty about the credentials of the prospective employer/organization whose details are sent in the Job email
  5. By opting for this service you are agreeing to receive details of Jobs from toiljobs.com, on your mobile/email, till the tenure of the service
  6. ToilJobs will try its utmost best to try and deliver all email sent, however, it does not take any responsibility for emails not delivered
  7. ToilJobs will not be responsible in any way for failure of any backend technology of emails at the Operators end and resultant inability of a user to receive emails
  8. Info Edge reserves the right to regulate number of emails sent out to a particular user in a single day
  9. The service will be delivered on the mobile number provided at the time of purchase of the service, and will continue on the new number if changed by the user
  10. Info Edge reserves its right to reject any insertion or information/data provided by the subscriber without assigning any reason either before uploading or after uploading the vacancy details, refund if any shall be on a pro-rata basis at the sole discretion of Funds and Toils
  11. Funds and Toils will commence providing services only upon receipt of amount/charges upfront either from subscriber or from a third party on behalf of the subscriber
  12. This subscription is not transferable i.e. it is for the same person throughout the period of subscription
  13. The liability, if any, of Funds and Toils is limited to the extent of the amount paid by the subscriber
  14. The subscriber shall be assigned password (s) by Funds and Toils to enable the subscriber to access all the information received through its site www.toiljobs.com, but the sole responsibility of the safe custody of the password shall be that of the subscriber and Funds and Toils shall not be responsible for data loss/theft or data/corruption or the wrong usage/misuse of the password and any damage or leak of information and its consequential usage by a third party. Funds and Toils undertakes to take all reasonable precautions at its end to ensure that there is no leakage/misuse of the password granted to the subscriber
  15. The subscriber undertakes that the data/information provided by him is true and correct in all respects

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