ACCESSING, BROWSING OR OTHERWISE USING THIS WEBSITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS SPECIFIED UNDER OUR “TERMS AND CONDITIONS”, WITH IMMEDIATE EFFECT SO PLEASE READ THESE “TERMS AND CONDITIONS” CAREFULLY BEFORE PROCEEDING. IF YOU DO NOT AGREE WITH THESE “TERMS AND CONDITIONS” PLEASE DO NOT USE THE WEBSITE.
YOUR ACCESS OR USE OF OUR WEBSITE INCLUDING MOBILE APP AND OTHER PRODUCTS OR SERVICE SHALL MEAN THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE “TERMS AND CONDITIONS”.
THESE “TERMS AND CONDITIONS” MAY VARY FROM TIME TO TIME, SO PLEASE CHECK THEM REGULARLY.
INTRODUCTION:
This Agreement (“Terms and Conditions”) governs your use of the website and mobile
applications (advantagehrm.com) and the related product or services (collectively, the
“Service”). Company’s Privacy Policy, Payment And Refund Policy and other terms and
conditions, policies, procedures, guidelines of use applicable to specific areas of the Service
may also be posted in such areas and, together with this Agreement, govern your use of
those areas. Your registration / subscription /buy/ Purchase or use of our Service confirms
your consent of these Terms and Conditions.
This Website (advantagehrm.com) is owned, operated and maintained by M/s. Advantage
Intellect Private Limited. (herein after refers “Company”), a company incorporated under
the Companies Act, 2013 and having its registered office at B403/404 Aadinath Palace, near
Vasant Valley Complex, Khadakpada, Kalyan- West, District – Thane, Maharashtra State,
India- 421301.
Reference to the term “Website” in these Terms and Conditions shall include the mobile
application “advantagehrm”, and / or any other software / application, digital products, as
the case may be, through which the User (a) accesses the Website, or (b) avails online
services from the Company under “AdvantageHRM” brand.
The terms “We” / “Us” / “Our” used in these “Terms and Conditions” refer to the
“Company” and the terms “You”/ “Your”/ “Yourself” document in these “Terms and
Conditions” refer to the Users of the Website (“Users”). The term “Users” in these Terms
and Conditions shall include persons(s) who visit or access the Website
(www.advantagehrm.com), or avail any of its functionalities or use any data or information
available on the Website in any manner. The term “Applicable Law” applicable laws, rules,
regulations, circulars, orders or other instructions (having force of law) of any government,
legal or judicial authority in the territory of the User.
IMPORTANT TERMS:
This “Terms and Conditions” document constitutes an “Electronic Agreement” between the
Company and the User of Company’s Website / Product / Services under the laws applicable
to the User. This electronic record is generated by a computer system and does not require
any physical or digital signatures. You are agree that this electronic agreement, made on or
through the website, entered into relationship between You and the Company.
By visiting or accessing the website, you unconditionally accept, and agree to be legally
bound by the “Terms and Conditions”, read with the privacy policy and / or any other
applicable policy governing the use of the website or conduct of transactions on the
website. If you do not agree with these “Terms and Conditions” please do not use the
website.
This “Terms and Conditions” document includes and shall always be deemed to include (a)
the Privacy Policy; and (b) any other policy governing the use of the Website or conduct of
transactions on the Website. Further, when You use any specific service provided by Us
through the Website, You will be subject to the terms and conditions applicable to such
service, and they shall be deemed to have been incorporated into these Terms and
Conditions by reference, and shall be considered to be part and parcel of these Terms and
Conditions.
The all contents/articles in whatever form i.e. text in any format, graphics, logos, buttons,
images/ photos, audio/video uploaded on the website and software are the property of the
company and the copy right vest in company or the authors of the articles as the case may
be. It is protected by all relevant Indian and international copy right laws. No intellectual
property or other rights in and to the website or any of the material on this website are
transferred to users.
The Services provides general information only and does not constitute any advice. You
acknowledge that the Service contains information, software, photographs, audio and video
clips, graphics, links and other material of website (collectively, the “Content”) that are
protected by copyright, trademark or other proprietary rights of Company or third parties.
All Content on the Service is copyrighted as a collective work of Company pursuant to
applicable copyright law. You agree to comply with any copyright notices, information, or
restrictions contained in any Content available on or accessed through the Service.
You are not allowed to promote any promo material, product or services through posts,
content, article or comment etc. on this website.
Company reserves the right to contact company users, in compliance with applicable law, in
order to evaluate compliance with the rules and policies in this Terms You will cooperate
fully with Company to investigate any suspected unlawful, fraudulent or improper activity
via the Services.
ABOUT THE WEBSITE:
We provides this Website as a service to those people seeking news and information in the
areas of Human Resource Management. The information / services provided on this
Website may include without limitation (i) news, articles, write ups, analysis, discussion,
reports etc. on different matters; (ii) subscription to journals, magazines, updates, news
reports, studies etc.; (iii) provision of consultancy, advice, suggestions, information, tips,
analytical tools, software facilities etc.; (iv) any other services deemed fit by the Company
(collectively referred to as “Services”).
Company reserves the right to delete, move or edit any Content including Material posted
on website. However, Company does not and cannot review all of the Content posted by
users on the website and is not responsible for such Content. Although Company reserves
the right to remove any offending Content on the website, you understand and agree that
you nonetheless may be exposed to such Material and that you further waive your right to
any damages (from any party) related to such exposure.
Additionally, Company shall have the right, but not the obligation, to correct any errors or
omissions in any Content, as it may determine in its sole discretion.
Company does not represent or endorse the accuracy or reliability of any Content posted on
website or any interactive area and you acknowledge that any reliance upon such Content
shall be at your sole risk. Any Content placed on any interactive area by users represents the
views of the user posting the statement and does not represent the views of the Company.
Website may enable you to post comments, reviews, their own posts, articles. If user post
any such content on the website, it is posted with the consent and agreement that Company
and its affiliates have a nonexclusive, royalty free, perpetual irrevocable and fully sub
licensable right to use, modify, correct, edit, adopt, republish, translate and reproduce,
distribute and display in any form in any media platform/format. You hereby acknowledge
and agree that Company shall not be liable for any Uses of your User Submissions by any
third party that had access to your User Submissions during the period in which your User
Submissions was available on or through the sites / Services.
The purpose of Website is allow you to exchange thoughts, ideas, advice and resources with
others. Any content added or submitted by you to the Community remains your intellectual
property. By adding or submitting content to the community you grant to company an
unrestricted worldwide licence to publish the material on this website.
This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold
or otherwise exploited for any commercial purpose that is not expressly permitted by the
company. Unauthorized attempts to upload information or change information are strictly
prohibited and may be punishable under the Law.
ELIGIBILITY:
Use of the Website is available only to those individuals and who can form legally binding
contracts under Applicable Law in their respective jurisdictions. Persons who are
“incompetent to contract” as per Applicable Law in their jurisdictions are not eligible to use
the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a
User of the Website and shall not use the Website. As a minor if you wish to use the
Website, such use may be made by your legal guardian or parents on the Website. The
Company reserves the right to terminate your membership and / or refuse to provide you
with access to the Website if it is brought to the Company’s notice or if it is discovered that
you are under the age of 18 years.
In case You are registering as a business or a corporate entity, you represent that You are
duly authorized by the business / corporate entity as applicable to accept this Agreement
and You have the authority to bind that business / corporate entity to this Agreement.
USER REGISTRATION:
The Company may require Users to fill an online form and register themselves on the
Website to avail all or any of the services rendered on the Website. The Company may
require Users to provide all information, and submit all documents as may be required for
registration of the User on Website or for availing any Service on the Website.
You agree to provide true, accurate, correct and complete Registration Information; and
Maintain and promptly update the Registration Information to keep it true, accurate,
current and complete. If you provide any information that is untrue, inaccurate, not current
or incomplete, or if the Company has reasonable grounds to suspect that such information
is untrue, inaccurate, not correct or incomplete, the Company has the right to suspend or
terminate any and all of your current or future use of the Services.
Upon successful registration to use the Services and payment of Service Fee, your Account
would be activated. You agree and understand that you will be solely responsible for
maintaining the confidentiality of your password which, together with your login ID, allows
you to access the Services.
By providing us with your email address and mobile number, you agree to receive all
required notices and information electronically, on that email address or mobile number. It
is your responsibility to update any changes to your email address and mobile number. If
you become aware of any unauthorized use of your Registration Information, you agree to
notify the Company immediately at the customer support or subscription helpdesk, the
details of which are available on the Website. The Company shall not be liable for any
unauthorized use or access, unless it is proved that the unauthorized use or access occurred
solely due to reasons directly attributable to the Company.
By using the Service, you represent and warrant that all registration information you submit
is truthful and accurate and you agree to the accuracy of such information.
USER GUIDELINES:
You agree to comply all the Terms and Conditions and Applicable Laws while using the
Website / Services.
You shall not host, display, upload, modify, publish, transmit, update or share any
information at our website, which is:
You shall not use any “deep-link”, “page-scrape”, “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 Website or any content, or in any way
reproduce or circumvent the navigational structure or presentation of the Website or any
Content, to obtain or attempt to obtain any materials, documents or information through
any means not purposely made available through the Website. We reserve Our right to bar
any such activity.
You shall not attempt to gain unauthorized access to any portion or feature of the Website,
or any other systems or networks connected to the Website or to any server, computer,
network, or to any of the services offered on or through the Website, by hacking, password
“mining” or any other illegitimate means.
You shall not probe, scan or test the vulnerability of the Website or any network connected
to the Website nor breach the security or authentication measures on the Website or any
network connected to the Website. You may not reverse look-up, trace or seek to trace any
information on any other User of or visitor to Website, or any other customer, including any
account on the Website not owned by You, to its source, or exploit the Website or any
service or information made available or offered by or through the Website, in any way
where the purpose is to reveal any information, including but not limited to personal
identification or information, other than Your own information, as provided for by the
Website.
You shall not make any negative, denigrating or defamatory statement(s) or comment(s)
about Us or the brand name or domain name used by Us including the terms the Company,
or otherwise engage in any conduct or action that might tarnish the image or reputation, of
the Company or sellers on platform or otherwise tarnish or dilute any the Company’s trade
or service marks, trade name and/or goodwill associated with such trade or service marks,
trade name as may be owned or used by us. You agree that You will not take any action that
imposes an unreasonable or disproportionately large load on the infrastructure of the
Website or the Company’s systems or networks, or any systems or networks connected to
the Company.
You agree not to use any device, software or routine to interfere or attempt to interfere
with the proper working of the Website or any transaction being conducted on the Website,
or with any other person’s use of the Website.
You shall not forge headers or otherwise manipulate identifiers in order to disguise the
origin of any message or transmittal You send to Us on or through the Website or any
service offered on or through the Website. You may not pretend that You are, or that You
represent, someone else, or impersonate any other individual or entity.
You shall not use the Website or any content for any purpose that is unlawful or prohibited
by these Terms and Conditions, or to solicit the performance of any illegal activity or other
activity which infringes the rights of the Company and / or others.
As a consequence of the global nature of the Internet, you agree to comply with all local
rules regarding user conduct on the Internet and acceptable content. You agree to comply
with all applicable laws regarding the posts, articles, data sharing, etcetera or transmission
of technical data exported from the country in which you reside.
INTERACTIONS BETWEEN USERS:
You are solely responsible for your interactions (including any disputes) with other users.
You understand that Company does not in any way screen company users. You are solely
responsible for, and will exercise caution, discretion, common sense and judgment in, using
the site and services and disclosing personal information to other company users. You agree
to take reasonable precautions in all interactions with other Company users, particularly if
you decide to communicate with Company user offline or meet them in person. You are
solely responsible for your interactions with other Members / Users of the Service.
Company reserves the right, but has no obligation, to monitor disputes between you and
other Members/Users.
ADVERTISING MATERIAL:
The website may have advertisements of other products/services. Company does not take
any responsibility in respect of quality / authenticity / credibility / monetary value / pricing
of their products or services. You are advised to use your own discretion. In no way
Company endorses that product or services and not be held liable for any such loss or
damage caused to any user in this respect. Your correspondence or business dealings with,
or participation in promotions of advertisers including payment and delivery of related
goods or services, and any other terms, conditions, warranties or representations associated
with such dealings, are solely between you and such advertiser.
GEOGRAPHIC LIMITATION:
The Site and/or the Services are controlled and offered by Company from its facilities in the
territory of India. Company makes no representations that the Site or Services are
appropriate or available for use in other locations. If you are accessing or using the Site or
Services from other jurisdictions, you do so at your own risk and you are responsible for
compliance with local law. Notwithstanding the foregoing, the Site or Services may contain
or provide links to content hosted on website located outside of the India.
PAYMENT AND REFUND:
It is assumed that Users / Buyers who pay for our services or product are fully aware of what
they are buying/purchasing and that they have read all documentation (product
descriptions, advertising, etc.) regarding the product, service, membership and etcetera, to
have made that choice. Your subscription /buy/ purchase or use of our product or services
confirms your consent of these Payment and Refund Policy. If you do not agree with our
Payment and Refund Policy, Please do not buy/purchase/use our product or services.
DISCLAIMER OF WARRANTIES:
You expressly understand and agree that your use of the Services is at your sole risk. The
Services are provided on an & as is & and & as available & basis. We expressly disclaim all
warranties of any kind, whether express or implied, including, but not limited to the implied
warranties of merchantability, fitness for a particular purpose and non-infringement.
We make no warranty that: the Services will meet your requirements, the Services will be
uninterrupted, timely, secure, or error- free, the results or information that may be
obtained from the use of the Services will be accurate or reliable, any errors in the
technology will be corrected.
The Company assumes no responsibility for consequences resulting from the use of
information on the site or information obtained through links. The Company will not be
liable for any damages of any kind arising out of use, reference to, or reliance on any
information contained in the site. The Company is not responsible for the accuracy or
content information contained in the site or in the links provided on its site. Links to and
from the Company do not constitute an endorsement by the Company of the parties or their
products and services.
Any material downloaded or otherwise obtained through the use of the services is done at
your own discretion and risk and we are not responsible for any damage to your computer
system or loss of data that results from the download of any such material. No advice or
information, whether oral or written, obtained by you from us or through or from the
services will create any warranty not expressly stated in these terms. To the extent that any
part of this section is not consistent with any other part of these terms, then this section will
prevail.
DISCLAIMER OF CONSEQUENTIAL DAMAGES:
In no event shall Company or any parties, organizations or entities associated with us or
otherwise, mentioned at this Website be liable for any damages whatsoever (including,
without limitations, incidental and consequential damages, lost profits, or damage to
computer hardware or loss of data information or business interruption) resulting from the
use or inability to use the Website and the Website material, whether based on warranty,
contract, tort, or any other legal theory, and whether or not, such organization or entities
were advised of the possibility of such damages.
INTELLECTUAL PROPERTY RIGHTS:
The contents of the Website, including its "look and feel” (e.g. text, graphics, images,
audios, videos, logos and button icons), photographs, editorial content, notices, software
(including html-based computer programmes) and other material are the owned/licensed
by/to the Company and/or its Third-Party Service Providers/their licensors and are duly
protected by them under applicable copyright, trademark and other laws. You acknowledge
and agree that the Company and/or its licensors or suppliers own all rights to this Website,
the content displayed on the Website and any intellectual or proprietary property and/or
technology (in any form) made available to you as a part of or in conjunction with the
Services.
You are only permitted to use any of the foregoing as expressly authorized by these Terms
and Conditions, and otherwise, by the Services. You may download or print a copy of the
information provided on this Website for your personal, internal and non-commercial use
only. You shall not copy, re-print, reproduce (electronically or otherwise), distribute, or
create derivative works from any content on the Website, in whole or in part, for any other
purpose without our prior written consent. Further, you agree not to reverse engineer or
reverse compile any technology associated with the Services, including but not limited to
any software applications or Java applets associated with the Services Content, from the
Website, in whole or in part.
RELATIONSHIP:
None of the provisions of the Terms shall be deemed to constitute an employment/
partnership or agency between you and the Company and you shall have no authority to
bind the Company in any manner, whatsoever.
LIABILITY:
User agrees that neither Company nor its group companies, directors, officers or employee
shall be liable for any direct or/and indirect or/and incidental or/and special or/and
consequential or/and exemplary damages, resulting from the use or/and the inability to use
the service or/and for cost of procurement of substitute goods or/and services or resulting
from any goods or/and data or/and information or/and services purchased or/and obtained
or/and messages received or/and transactions entered into through or/and from the service
or/and resulting from unauthorized access to or/and alteration of user`s transmissions
or/and data or/and arising from any other matter relating to the service, including but not
limited to, damages for loss of profits or/and use or/and data or other intangible, even
if Company has been advised of the possibility of such damages.
User further agrees that Company shall not be liable for any damages arising from
interruption, suspension or termination of service, including but not limited to direct or/and
indirect or/and incidental or/and special consequential or/and exemplary damages, whether
such interruption or/and suspension or/and termination was justified or not, negligent or
intentional, inadvertent or advertent.
You specifically acknowledge that the company is not responsible or liable for any
unauthorized access to or alteration of your Materials, data or other transmissions entered
into through the Service or for any threatening, defamatory, obscene, offensive or illegal
Content or for conduct of any other party or for any infringement of another’s rights.
Without prejudice to the generality of the foregoing, in case the Company is held to be
liable to for any damages under Applicable Law, then the liability of the Company will be
limited to fees or other consideration paid by the User for availing the Services from the
Company.
INDEMNITY:
You agree to indemnify and hold harmless the Company, its owners, licensees, affiliates,
subsidiaries, group companies (as applicable) and their respective officers, directors, agents,
and employees, from and against, any and all suits, actions and proceedings, claims,
liabilities, losses, damages, costs and expenses, including reasonable outside attorneys’ fees,
arising directly or indirectly in connection with: your violation of any law, regulation or order
of any government or judicial authority; or any act, omission, fraud, negligence or default or
the breach of any of Your obligations or representations under these Terms and Conditions
or any other agreement / policy between You and the Company; or any infringement of any
intellectual property rights of the Company or any third-party.
VIOLATIONS OF THESE TERMS AND CONDITIONS:
Company may disclose any information Company has about you (including your identity) if
Company determines that such disclosure is necessary in connection with any investigation
or complaint regarding your use of the Services, or to identify, contact, or bring legal action
against someone who may be causing injury to or interference with (either intentionally or
unintentionally) Company rights or property, or the rights or property of visitors to or users
of the Services, including company’s customers. Company reserves the right at all times to
disclose any information that Company deems necessary to comply with any applicable law,
regulation, legal process or governmental request. Company also may disclose your
information when Company determines that applicable law requires or permits such
disclosure, including exchanging information with other companies and organizations for
fraud protection purposes.
You acknowledge and agree that Company may preserve any transmittal or communication
by you with Company through the Services or any service offered on or through the
Services, and may also disclose such data if required to do so by law or Company determines
that such preservation or disclosure is reasonably necessary to (1) comply with legal
processes, (2) enforce these Terms of Use, (3) respond to claims that any such data violates
the rights of others, or (4) protect the rights, property or personal safety of Company, its
employees, users of or visitor to the Services, and the public. You also agree that any
violation by you of these Terms and Conditions will constitute an unlawful and unfair
business practice, and will cause irreparable harm to Company, for which monetary
damages would be inadequate, and you consent to Company obtaining any injunctive or
equitable relief that Company deems necessary or appropriate in such circumstances. These
remedies are in addition to any other remedies Company may have at law or in equity.
If Company does take any legal action against you as a result of your violation of these
Terms and Conditions, Company will be entitled to recover from you, and you agree to pay,
all reasonable attorneys’ fees and costs of such action, in addition to any other relief
granted to the Company. Alliance.
In case of any non-compliance or violation of these Terms and Conditions, the Company has
reserve the right to terminate the access or usage rights of the Users of the Website and
remove any and all non-compliant information from the Website immediately. You agree
that Company will not be liable to you or to any third party for termination of your access to
the Services as a result of any violation of these Terms and Conditions.
FORCE MAJEURE:
Neither Party shall have any liability for any interruption or delay, to access the website or
other product and services due to Force Majeure Event. For the purposes of this clause,
& Force Majeure Event & means any event or circumstance or combination of events and
circumstances which is reasonably beyond the control of the party affected thereby and
which causes or results in default or delay in performance by such affected party of any of
its obligations under this agreement and includes, but is not limited to, acts of God,
hostilities, civil commotion, lockouts, changes to law or regulations, embargoes, war,
terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes,
power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers,
or third-party internet service providers.
SEVERABILITY:
If any provision of these Terms and Conditions is invalid, unenforceable or prohibited by
law, then, these Terms and Conditions shall be considered divisible as to such provision and
such provision shall be inoperative, and the remainder of these Terms and Conditions shall
be valid, binding and of like effect as though such provision was not included herein. The
Company will substitute for the invalid or unenforceable provision a valid and legally
enforceable provision, which achieves to the greatest extent possible the economic, legal
and commercial objectives of the provision, which is invalid or unenforceable.
LIMITED TIME TO BRING YOUR CLAIM:
You and the Company agree that any cause of action arising out of or related to use of the Site or the Services
must commence within one (1) year after the cause of action accrues otherwise, such cause of action will be
permanently barred.
WAIVER:
No failure or delay by a party in exercising any right, power or remedy shall operate as a
waiver thereof, nor shall any single or partial exercise of the same preclude any further
exercise thereof or the exercise of any other right, power or remedy.
DISCLAIMER:
In no event shall Company or any parties, organizations or entities associated with the
corporate brand name us or otherwise, mentioned at this Website be liable for any damages
whatsoever (including, without limitations, incidental and consequential damages, lost
profits, or damage to computer hardware or loss of data information or business
interruption) resulting from the use or inability to use the Website and the Website
material, whether based on warranty, contract, tort, or any other legal theory, and whether
or not, such organization or entities were advised of the possibility of such damages.
Data and information retrieved through the Services is for informational purposes only and
is not intended for trading or transactional purposes. The Company shall not be liable for
any errors or delays in the content or information obtained through the Services, or for any
actions taken in reliance thereon.
MODIFICATIONS:
Company reserve the right, at Our sole discretion, to change, modify, add or remove
portions of these “Terms and Conditions”, at any time without any prior written notice to
You. It is Your responsibility to review these Terms and Conditions periodically for updates /
changes. For certain changes, We may be required under Applicable Law to give You
advance notice of any change(s) to the Terms and Conditions. Your continued use of the
Website following the posting of changes will mean that You accept and agree to all changes
or modifications.
SURVIVAL:
Rights and obligations under the Terms which by their nature should survive will remain in
full effect after termination or expiration of the subscription.
LANGUAGE:
The language of this Terms and Conditions is English and same may be used for Company’s
website, Terms and Conditions, Policies, procedures, guidelines, communications, notices
etc.
GRIEVANCE REDRESSAL:
Any complaint or concern regarding the website contents, products or services, reporting
any misuse of laws or violation of these terms and conditions may be addressed to the
designated Grievance Redressal Officer.
NOTICES:
The Company may provide You with notices and communications by e-mail, SMS, push
notifications, regular mail or postings on the Website or by any other reasonable means.
Except as otherwise set forth herein, any notice to the Company must be sent by courier or
registered mail with acknowledge requested to the address specified in this Agreement.
ENTIRE AGREEMENT:
These Terms constitute the entire agreement between the parties with respect to the
subject matter hereof and supersedes and replaces all prior or contemporaneous
understandings or agreements, written or oral, regarding such subject matter.
GOVERNING LAW AND JURISDICTION:
This Agreement (Terms and Conditions), the Services and the relationship between You and
the Company shall be governed in accordance with the laws of India. The Honourable Court
at Thane – Maharashtra only shall have the jurisdiction to entertain and try any claims,
dispute and/ or difference arising out of or in connection with the terms of this Agreement.
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