Terms and Conditions of Service

 

O’hire is a recruitment site or application (hereinafter referred to as the “Website”, “Site” or “App”). The registered users or any users using the Site are agreed to be bound by these Terms of Service.

The site is a public site with free access and O’hire assumes no liability for the quality and genuineness of responses. O’hire cannot monitor the responses that a person may receive in response to information he/she has displayed on the site. The individual/company would have to conduct its own background checks on the bonafide nature of all response(s).

 

  1. Your relationship with O’hire

 

1.1 Your use of O’hire’s services and the Site/App (hereinafter individually referred to as the “Service” and collectively referred to as the “Services” in this document; and excluding any services provided to you by O’hire under a separate written agreement) is subject to the terms of this legal agreement between you and O’hire. “O’hire” is Pitch and Hire Private Limited, whose registered Office is situated C- 277, Basement Floor, Rajdhani Corporate Suites,, Sector 63, Noida, Uttar Pradesh 201307. O’hire enables its registered users to create a unique profile (which is made available on the Web and/or mobile devices) and provides users with access to a collection of services and resources, including various communication tools, content, applications, and programming offered from time to time through its network of properties. Please note that some information of your profile information provided by you may be publicly available. However, other profile information of your will be available based on your profile settings.

 

1.2 Unless otherwise agreed in writing with O’hire, your agreement with O’hire will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Terms”.

 

1.3 The Terms, form a legally binding agreement between you and O’hire in relation to your use of the Services. It is important that you take the time to read them carefully.

 

  1. Accepting the Terms

 

2.1 By using the Services, you agree that you have read and understood the Terms and you agree to be bound by the Terms and use the Services in compliance with the Terms. PLEASE READ THE TERMS CAREFULLY. IF YOU DO NOT AGREE TO BE BOUND BY (OR CANNOT COMPLY WITH) ANY OF THE TERMS BELOW, DO NOT COMPLETE THE REGISTRATION PROCESS, AND DO NOT ATTEMPT TO USE THE SITE/APP. You expressly represent and warrant that you will not use the Service if you do not understand, agree to become a party to, and abide by all of the Terms specified below. Violation of these Terms can result in legal liability to you. Nothing in the Terms should be construed to confer any rights to third party beneficiaries.

 

For purposes of these Terms, “we”, “us”, “our”, “O’hire” refers to Pitch and Hire Private Limited and its directors, officers, agents, employees and representatives (collectively, “O’hire”), and “you”, “your” and “yours” refers to you, the customer using the Service who indicates his/her acceptance/rejection of the Terms below.

 

2.2 You can accept the Terms by:

 

  1. completing the sign up process made available to you by O’hire in the user interface of any Service; or

 

  1. by actually using the Services. In this case, you understand and agree that O’hire will treat your use of the Services as acceptance of the Terms from that point onwards.

 

2.3 You may not use the Services and may not accept the Terms if (a) you are incapable, by reason of age or mental capacity, to form a binding contract with O’hire, (b) you are not at least 18 years old, (c) you are a person barred from receiving the Services under the laws of India or other countries including the country in which you are resident or from which you use the Services.

 

2.4 Before you continue, you should print off or save a local copy of the Terms for your records.

 

  1. Account Registration: Use of the Services by you

 

3.1 In order to access certain Services, you may be required to provide information about yourself (such as identification, personal details or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to O’hire will always be true, accurate, correct, complete and up to date.

 

3.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in India.

 

3.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by O’hire, unless you have been specifically allowed to do so in a separate agreement with O’hire.

 

3.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

 

3.5 Unless you have been specifically permitted to do so in a separate agreement with O’hire, you agree that you will not reproduce, duplicate, copy, sell, trade any information made avail to you as registered user or user for any purpose.

 

3.6 You agree that you are solely responsible for (and that O’hire has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which O’hire may suffer) of any such breach.

 

3.7 You agree to not promote or market other 3rd party similar or other services on O’hire’s platform. Violation of this clause could result in termination of account.

 

  1. Your passwords and account security

 

4.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords or OTPs (One Time Passwords) associated with your account you use to access the Services.

 

4.2 Accordingly, you agree that you will be solely responsible to O’hire for all activities that occur under your account.

 

4.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify O’hire immediately at (contact@www.O-hire.com).

 

  1. Access to the Service / Modifications to the Service

 

5.1 While O’hire makes all attempts and ensures that the Services are routed most efficiently and effectively, However, it has no control over inherent network congestion and delays.

 

5.2 We do not provide you with the equipment to access the Services. You are responsible for all fees charged by third parties to access the Services (for example charges to send SMS messages, or data charges by wireless carriers etc.)

 

5.3 We reserve the right to modify or discontinue, temporarily or permanently, all or a part of the Services without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services, or parts thereof, except that you are only entitled to a prorated refund representing the unused (as of the date of termination) portion of any subscription fees that you have paid in advance if we permanently discontinue the Service and you have already paid the subscription fees.

 

5.4 O’hire reserve the right to communicate directly with users through any of the community tools provided, as well as to use automation to do some or all parts of their jobs, including the removal of photos, pornography, or hate communications, as well as to communicate with users through the Site, mobile phone applications, or text messaging, with the objective of compliance with the Terms and the applicable law for the time being in force. You agree that your public profile information, including but not limited to your display name, photograph, interests may be utilized by O’hire to encourage other users to communicate with you or to avail the Service.

5.5 You agree that O’hire can, at its sole discretion, add tag line footer messages, help messages, branding messages, and internal advertisements (whether internal, contextual or any other advertisement) at the end of all O’hire web pages or app screens, including your profile page.

 

  1. Restrictions

 

6.1 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in India.

 

6.2 You agree to not host, display, upload, modify, publish, transmit, update or share any information that:

  • belongs to another person and to which the user does not have any right to;
  • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
  • harm minors in any way;
  • infringes any patent, trademark, copyright or other proprietary rights;
  • violates any law for the time being in force;
  • deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  • impersonate another person;
  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
  • threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

 

6.3 Except as may be expressly permitted by applicable laws or authorized by us in writing, you will not (and you will not permit/allow/abet anyone else to):

  • Store, copy, modify, distribute, publish or resell any of information; audio, visual, and audiovisual works; or other content made available on the Site (“Website Content”) or on the App (“App Content”) or compile or collect any Website Content or App Content as a part of database or other work;
  • Use any automated tool (e.g., robots, spiders) to avail the Service or store, copy, modify, distribute, or resell any Website Content;
  • Rent, lease, or sub‐license your access to the Services to another person;
  • Avail the Services or use the Website or App Content for any purpose except for your own personal use;
  • Circumvent or disable any digital rights management, usage rules, or other security features of the Service;
  • Use the Service in a manner that threatens the integrity, performance, or availability of the Services; or
  • Remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Services or Website Content.

 

6.4 You specifically agree that your account will be permanently blocked (i.e. it may not be unblocked in future under any circumstances without assigning any reason thereof) in the event of committing or attempt to commit any or all of the following type of activities:

  • Morphing content which is blocked by our spam filters. For example, posting a mobile number in the message by adding alphabets, words or special characters in the same, so as to pass through our spam filters.
  • Posting content which is prohibited under the Term. For example, posts related to terrorism, obscenity, vulgarity, defamation, hate or religious disharmony etc.
  • Posting advertisements or commercial content, without our written permission to do so.
  • Contacting and/or harassing and/or threatening and/or influencing O’hire or its associates or any of its users and/or any attempt of the same whether directly or indirectly by any means or modes to do anything beyond the O’hire Terms or any law of the land.
  • Contravenes any or all of the Term of the O’hire.

 

6.5 You agree not to do any of the following actions while using the Services:

  • Harass, “stalk”, threaten, embarrass or cause distress or discomfort upon another O’hire participant, user, or other individual.
  • Upload, post, email or otherwise transmit via the Services any Content that O’hire considers to be unlawful, harmful, threatening, abusive, harassing, defamatory.
  • Upload, post, email, or otherwise transmit any material that contains pornography, obscenity or content that can be found offensive by any race, religion, caste, group, sex, community.
  • Upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit functionality of any computer software or hardware or telecommunications equipment;
  • Upload, post, email, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights (“Rights”) of any party;
  • Cause any screen in the Services to “scroll” faster than other users are able to type to it or any action to a similar disruptive effect;
  • Impersonate in the Services any person, including but not limited to, O’hire official, forum leader, guide or host;
  • State or imply that Content you post or transmit through the Services is created or endorsed by O’hire, nor design it in such a way to imply such creation or endorsement;
  • Disrupt the normal flow of dialogue within the Services or otherwise act in a manner that negatively affects other participants;
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted via the Services;
  • Collect or store personal data about other users;
  • Intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Services or in connection with your use of the Services in any manner;
  • Post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation in the Services.
  • Provide or send any content which may be harmful or detrimental to O’hire or its business associates, or which violates any restriction or policy established by O’hire or its business associates.
  • The sensibilities of the recipient of the transmissions whether they hold a difference religious or ethical viewpoint, are of a different race or heritage, have a mental disorder or handicap, or any other person having special circumstances;
  • Content which promotes or incites terrorism, the misuse of weapons, or encourages or incites a person to commit a criminal offense.

 

6.6 Risk Assumption and Precautions: You acknowledge that O’hire does pre‐screen Content, and O’hire shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Services. Without limitation, O’hire shall have the right to remove any Content that violates this Terms of Service or is otherwise objectionable, in the opinion of O’hire. All risks when using the Services and the Site, including but not limited to all of the risks associated with any online or offline interactions with others, including meeting other matches remain with you. You are expected to use your best judgment in experiencing any of the benefits/ requirements of the Services. You agree that you must independently evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you do the necessary due diligence before relying on any Content created by users, including registered users, of O’hire, transmitted through the Services, or submitted to O’hire. You are also agreeing to take all necessary precautions when meeting or interacting with individuals through the Site and under the Services. In addition, you agree and confirms to review and follow the recommendations set forth in the Site as pointers to Safety and/ or mailed to you from time to time. You undertake to adhere to the Safety pointers and shall all times be responsible for all outcomes of interviews/ sharing information through the Services/ Site. It is accepted and understood by you that at all times you shall use your judgement and discretion in receiving the Services through the Site or proceeding with a potential candidate/job and/ or deciding to hire candidate/be hired from.

 

6.7 You acknowledge and agree that O’hire may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third‐parties; or (d) protect the rights, property, or personal safety of O’hire, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

 

  1. Content in the Services

 

7.1 You understand that all information (such as files, graphics, links, messages, data files, written text, software, music, audio files or other sounds, photographs, videos or other images, communication or other materials), whether publicly posted or privately transmitted, which you may have access to as part of, or through your use of the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”. O’hire does not control the Content posted or transmitted in any way via the Services and, as such, does not guarantee the accuracy, integrity or quality, completeness, reliability, fitness for any particular purpose or usefulness of such Content.

 

7.2 You should be aware that the Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to O’hire (or by other persons or companies on their behalf). You shall not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by O’hire or by the owners of that Content, in a separate agreement.

 

7.3 You agree that you are solely responsible for (and that O’hire has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which O’hire may suffer) by doing so.

 

7.4 You agree to resolve directly and exclusively with third parties any disputes you may have about Content that they have posted or transmitted via the Services. In this regard, you understand that O’hire does not monitor or control the Content posted by others, and instead simply provides a service by allowing users to access information that has been made available.

 

  1. Proprietary rights

 

8.1 You acknowledge and agree that O’hire or O’hire’s licensors, as the case may be, own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by O’hire and that you shall not disclose such information without O’hire’s prior written consent.

 

8.2 Unless you have agreed otherwise in writing with O’hire, nothing in the Terms gives you a right to use any of O’hire’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

 

8.3 You agree that you shall not remove, obscure, or alter any proprietary rights notices which may be affixed to or contained within the Services.

 

8.4 You agree that in using the Services, you will not use any trade mark, service mark, trade name, logo or any other Intellectual Properties of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos or other Intellectual Properties, unless you have good right, full power and authority to use such respective marks, names or logos or other Intellectual Properties.

 

  1. Content License from You

 

9.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give O’hire a perpetual, irrevocable, worldwide, royalty‐free, and non‐exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services.

 

9.2 You agree that this license includes a right for O’hire to make such Content available to other companies, organizations or individuals with whom O’hire has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.

 

9.3 You understand that O’hire, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit O’hire to take these actions.

 

9.4 You confirm and warrant to O’hire that you have all the rights, power and authority necessary to grant the above license.

 

9.5 You are solely responsible for any content that you submit post or transmit via our Software and Services.

 

  1. Termination:

 

10.1 The Terms will continue to apply until terminated by either you or O’hire as set out below.

 

10.2 If you want to terminate your legal agreement with O’hire, you may do so by sending email to contact@O-hire.com. Upon receipt of your email, O’hire will close your account and same will not be visible to you and other users but O’hire may continue to keep your data for purposes mentioned in the Terms and/or the Privacy Policy.

 

10.3 O’hire may at any time, terminate its legal agreement with you if:

  • You have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
  • O’hire is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
  • The provision of the Services to you by O’hire is, in O’hire’s opinion, no longer commercially viable.

 

10.4 When the Terms come to an end, all of the legal rights, obligations and liabilities that you and O’hire have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of article 9 shall continue to apply to such rights, obligations and liabilities indefinitely.

 

  1. EXCLUSION OF WARRANTIES

 

11.1 NOTHING IN THE TERMS SHALL EXCLUDE OR LIMIT O’HIRE’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. OUR LIABILITY WILL BE EXCLUDED OR LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

11.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

 

11.3 IN PARTICULAR, O’HIRE DO NOT REPRESENT OR WARRANT TO YOU THAT:

  • YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
  • ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
  • THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

 

11.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

 

11.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM O’HIRE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

 

11.6 O’HIRE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON‐ INFRINGEMENT.

 

  1. LIMITATION OF LIABILITY

 

12.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH

 

12.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT O’HIRE SHALL NOT BE LIABLE TO YOU FOR:

  • ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
  • ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
  • ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING OR INFORMATION POSTED BY ANY USER, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES OR ANY USER;
  • ANY CHANGES WHICH O’HIRE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED (INCLUDING DATA SENT VIA SMS) BY OR THROUGH YOUR USE OF THE SERVICES;
  • YOUR FAILURE TO PROVIDE O’HIRE WITH ACCURATE ACCOUNT INFORMATION;
  • YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.

 

12.2 THE LIMITATIONS ON O’HIRE’S LIABILITY TO YOU IN PARAGRAPH

 

12.1 ABOVE SHALL APPLY WHETHER OR NOT O’HIRE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

 

  1. Advertisements

 

13.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.

 

13.2 The manner, mode and extent of advertising by O’hire on the Services are subject to change without specific notice to you.

 

13.3 In consideration for O’hire granting you access to and use of the Services, you agree that O’hire may place such advertising on the Services.

 

  1. Privacy Policy and your personal information:

 

For information about O’hire’s privacy practices, please read O’hire’s privacy policy. This privacy policy explains how O’hire treats your personal information, and protects your privacy, when you use the Services. You agree to the use of your data in accordance with O’hire’s privacy policies.

 

  1. Other content

 

15.1 The Services may include hyperlinks to other web sites or content or resources. O’hire may have no control over any web sites or resources which are provided by companies or persons other than O’hire.

 

15.2 You acknowledge and agree that O’hire is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

 

15.3 You acknowledge and agree that O’hire is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

 

  1. Changes to the Terms

 

16.1 O’hire may make changes to the Terms from time to time. When these changes are made, O’hire will make a new copy of the Terms available on the Site.

 

16.2 You understand and agree that if you use the Services after the date on which the Terms have changed, O’hire will treat your use as acceptance of the updated Terms.

 

  1. Indemnity

 

You hereby indemnify and hold O’hire, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any loss, costs, damages, expenses, and liability caused by your use of the Service or the Content, or your violation of this Agreement, or your violation of any rights of a third party through use of the Service or the Content.

 

  1. General Legal Terms

 

18.1 The Terms constitute the whole legal agreement between you and O’hire and govern your use of the Services (but excluding any services which O’hire may provide to you under a separate written agreement), and completely replace any prior agreements between you and O’hire in relation to the Services.

 

18.2 You agree that O’hire may provide you with notices, including those regarding changes to the Terms, by SMS text message, email, regular mail, or postings on the Services.

 

18.3 You agree that if O’hire does not exercise or enforce any legal right or remedy which is contained in the Terms (or which O’hire has the benefit of under any applicable law), this will not be taken to be a formal waiver of O’hire’s rights and that those rights or remedies will still be available to O’hire.

 

18.4 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of the Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

 

18.5 Law and Jurisdiction

 

The Terms, and your relationship with O’hire under the Terms, shall be governed by the laws of India without regard to its conflict of law’s provisions. Any legal actions against O’hire must be commenced at Noida within one year after the claim arose. You consent to the exclusive jurisdiction and venue of the state courts of competent jurisdiction located at Noida. You and O’hire agree to submit to the exclusive jurisdiction of the courts located within the country of India to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that O’hire shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. Contacting O’hire If you have any questions or concerns about the Terms of Service, please write to contact@O’hire.com. In case of any grievances regarding any content on O’hire, please write to the Grievances Officer at contact@O’hire.com or call us on (Contact nos).

 

Job Seekers:

O’hire Services / Video Resume Posting / Submission of Resume / Resume Upload / Resume Manager by registering your resume on Pitch and Hire, you agree to the following terms For:

The resume/ insertion or information/data fed by the user can be updated by the user alone, free of cost.

O’hire offers no guarantee nor warranties that there would be a satisfactory response or any response at all once the resume/ insertion or information/data is fed by the user.

O’hire neither guarantees nor offers any warranty about the credentials bonafides, status or otherwise of the prospective employer/organization which downloads the resume/ insertion or information/data and uses it to contact the user.

O’hire would not be held liable for loss of any data technical or otherwise, or of the resume/ insertion or information/data or particulars supplied by user due to acts of god as well as reasons beyond its control like corruption of data or delay or failure to perform as a result of any cause(s) or conditions that are beyond O’hire’s reasonable control including but not limited to strikes, riots, civil unrest, Govt. policies, tampering of data by unauthorized persons like hackers, distributed denial of service attacks, virus attacks, war and natural calamities.

It shall be sole prerogative and responsibility of the user to check the authenticity of all or any response received pursuant to the resume/ insertion or information/data being fed into the network system of O’hire by the user, for going out of station or in station for any job or interview. O’hire assumes no responsibility in respect thereof and expressly disclaims any liability for any act, deed or thing which the user may so do, pursuant to the receipt of the response, if any, to the resume/ insertion or information/ date being fed into the network system of O’hire.

Uploading of multiple resumes beyond a reasonable limit by the same individual, using the same or different accounts shall entitle O’hire to remove the Resumes without notice to the candidate/subscriber. This service is only meant for candidates looking for suitable jobs. Any usage with commercial intent is prohibited.

O’hire reserves its right to reject and delete any resume/ insertion or information/data fed in by the user without assigning any reason.

This free service entitles the user alone i.e the same person, to add modify or change the data/information fed in by him but does not entitle him to use the free service to feed fresh insertion or information/data /resume of another person in place of the insertion or information/data already fed in by such user.

O’hire has the right to make all such modifications/editing of resume in order to fit resume in its database.

The user/subscriber shall be assigned a password (s) by O’hire to enable the subscriber to access all the information received through O’hire.com, but the sole responsibility of the safe custody of the password shall be that of the subscriber and O’hire shall not be responsible for data loss/theft of data/corruption of data or the wrong usage/misuse of the password and any damage or leak of information and its consequential usage by a third party. O’hire undertakes to take all reasonable precautions at its end to ensure that there is no leakage/misuse of the password granted to the candidate/subscriber.

It shall be the sole responsibility of the user to ensure that it uses the privacy setting options as it deems fit to debar / refuse access of the data fed by it, to such corporate entities individuals or consultants. O’hire shall not be responsible for such insertions / data being accessed by its user/subscribers or users whose access has not been specifically blocked /debarred by the user while using the privacy settings.

Even though you may have marked your profile as unsearchable, on viewing a Recruiter profile when you are logged into your O’hire.com account, a snapshot of your profile maybe made visible to the recruiter.

Although O’hire will make all possible efforts to adhere to these privacy settings, it will not be responsible for a resume being seen by a blocked user for any reason. For best privacy settings it is recommended that you do not allow your resume to be searched at all.

The user represents that he/she is not a minor and is not under any legal or other disability which limits his/her ability to comply with these Terms or to install and use the services registered with minimal risk of harm to you or others. You further represent that you are not registering the products/services for resale to others and will not do so without O’hire (India) Limited’s prior written consent.

All changes / modifications made by the user to the data / information shall be effected and will come into operation only after 24-48 hours of such changes / modifications being made.

On registration you agree to: a) Making your resume searchable to paying clients of O’hire who subscribe for services. You may be contacted by recruiters via email, telephone and/or post. If you wish to modify this setting and make yourself non-searchable, you may reset this in the Privacy Setting section of your resume. We recommend that you read the privacy settings carefully and O’hire will not be held responsible for contacts/mails received by you. b) Receive job alerts (mails detailing jobs that match your profile as entered on O’hire.com) via email. You may remove yourself from the job alert email database by resetting this option in the Privacy Setting section of your resume c) Receive promotional mailers/ special offers. You may remove yourself from the promotional mailer email database by resetting this option on the Privacy Setting section of your resume.

The user agreement between a user/subscriber and O’hire will be treated as having been terminated in the following events: ( i ) On completion of the term for which the user/subscriber engages the services of the website; or ( ii ) In case the user/subscriber violates any of the conditions of this agreement or any other agreement entered into by him with O’hire, however, such termination will be at the option and discretion of O’hire; or ( iii )On writing and on such terms as agreed to by the parties mutually.

The User of these services does not claim any copyright or other Intellectual Property Right over the data uploaded by him/her on the website.

Jurisdiction for any disputes arising from and related to this contest shall be New Delhi, India to the exclusion of all other courts.

Disputes shall be resolved in accordance with the laws of India as applicable

 

Resume Display

The resume displayed can be updated by the subscriber alone free of cost.

Through Resume Display service your resume is made available from the home page of O’hire.com and can be by freely accessed by anyone.

Additionally, through this service your resume is also made a part of O’hire.com’s proprietary database, accessed only by companies/recruiter registered with us. Please log into your account and set the visibility of the resume as desired by you, here you can selectively block a company/recruiter from accessing your resume. (Please note that the confidentiality settings of the resume which has been made part of the exclusive database is independent of the confidentiality settings of the resume made part of the free search service)

O’hire offers neither guarantee nor warranties that there would be a satisfactory response or any response at all once the resume is put on display.

O’hire neither guarantees nor offers any warranty about the credentials of the prospective employer/organization which down loads the information and uses it to contact the prospective employee / visitor / user / subscriber.

O’hire would not be held liable for loss of any data technical or otherwise, and particulars supplied by subscribers due to reasons beyond its control like corruption of data or delay or failure to perform as a result of any causes or conditions that are beyond O’hire’s reasonable control including but not limited to strikes, riots, civil unrest, Govt. policies, tampering of data by unauthorized persons like hackers, war and natural calamities.

It shall be the sole prerogative and responsibility of the individual to check the authenticity of all or any response received pursuant to the resume being displayed by O’hire for going out of station or in station for any job / interview and O’hire assumes no responsibility in respect thereof.

O’hire 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 O’hire.

O’hire has the right to make all such modifications/editing of resume in order to fit the resume in its database.

The liability, if any, of O’hire is limited to the extent of the amount paid by the subscriber.

The user/subscriber shall be assigned password(s) by O’hire to enable the user/subscriber to access all the information received through its site O’hire.com, but the sole responsibility of the safe custody of the password shall be that of the subscriber and O’hire 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. O’hire undertakes to take all reasonable precautions at its end to ensure that there is no leakage/misuse of the password granted to the user/subscriber

The user/subscriber undertakes that the data/information provided by him is true and correct in all respects.

The User of these services does not claim any copyright or other Intellectual Property Right over the data uploaded by him/her on the website

All disputes arising out of the transactions between a user and O’hire will be resolved in accordance with the laws of India as applicable.

All Disputes arising out of the transactions between a user and O’hire will be subject to the jurisdiction of Courts situate in Delhi alone.

 

Resume Writing/upload

The user/subscriber shall certify that the information/data supplied by it to O’hire is accurate and correct.

The user/subscriber shall give reasonable time to O’hire for updating/uploading of resumes.

The user/subscriber must respond to the queries raised (sent by email) by O’hire within 7 days of such a query being raised failing which, O’hire shall stand absolved of all its obligation, if any.

O’hire offers no guarantee nor warranties that there would be a satisfactory response or any response at all once the resume is written/uploaded and used by the subscriber to apply for jobs.

O’hire shall not be held liable for loss of any data technical or otherwise, information, particulars supplied by user/subscriber due to reasons beyond its control like corruption of data or delay or failure to perform as a result of any causes or conditions that are beyond O’hire’s reasonable control including but not limited to strikes, riots, civil unrest, Govt. policies, tampering of data by unauthorized persons like hackers, war and natural calamities.

O’hire reserves its right to reject any insertion or information/data provided by the user/subscriber without assigning any reason, but in such an eventuality, any amount so paid for, shall be refunded to the user/subscriber on a pro-rata basis at the sole discretion of O’hire.

The user/subscriber shall be assigned password(s) by O’hire to enable the user/subscriber to access all the information received through o’hire.com, but the sole responsibility of the safe custody of the password shall be that of the user/subscriber and O’hire shall not be responsible for data loss/theft of data/corruption of data or the wrong usage/misuse of the password and any damage or leak of information and its consequential usage by a third party. O’hire undertakes to take all reasonable precautions at its end to ensure that there is no leakage/misuse of the password granted to the user/subscriber.

The User of these services does not claim any copyright or other Intellectual Property Right over the data uploaded by him/her on the website.

All disputes arising out of the transactions between a user and O’hire will be resolved in accordance with the laws of India as applicable.

All Disputes arising out of the transactions between a user and O’hire will be subject to the jurisdiction of Courts situate in Delhi alone.

Content and Images( Visuals) in visual resume are provided by user/Subscriber.

O’hire India Limited disclaims all warranties against infringement

Background Check:

Original documents are not required for the verification process; therefore, users are advised to provide O’hire.com with copies of any documents that they wish to be verified.

Your verified information based on the inputs provided by you in the verification form is shown to recruiters; therefore it is advisable that you keep the same info on your profile on O’hire.com.

The user consents to the display of atleast those portions of his/her Profile which have been positively verified as long as the profile is otherwise searchable.

In order to have the Verification report removed from the Profile, a user will have to approach O’hire.com at service@O’hire.com with written instructions in this regard.

The Verification report shall be prepared by a third party service provider based on information provided by the users/subscribers and shall not be generated by www.o-hire.com in-house, the reports are merely being delivered through the channel of www.o-hire.com.

The jobseekers shall be intimated by way of emails /phone calls of any lack of information/document. In the absence of any input from the jobseekers after three attempts to get the information over a period of 5 working days, the verification process will be closed as Unable to Verify due to insufficient information, without refund; any requests for re-verification will be treated as a fresh transaction and appropriate charges shall apply.

All education checks shall be completed within the maximum of 15-20 working days. Exceptions to be made in case of institutes which take more than 20 working days to verify educational details.

All employment checks shall be completed within 10 working days.

Intervening Saturdays, Sundays and Public holidays shall not be counted as working days.

Timelines shall be counted only from the date & time of receipt of the documents. O’hire.com will not be liable for delay which may be caused due to late delivery/loss of documents sent to us by post/courier.

The Background Check service is not carried on behalf of employers, who may choose to scrutinise further.

Any action taken by the user (jobseeker or recruiter) on the basis of the background check report or otherwise, is the user’s responsibility alone and O’hire private Limited will not be liable in any manner for the consequences of such action taken by the user.

Services may not be available at all places within India.

The User of these services does not claim any copyright or other Intellectual Property Right over the data uploaded by him/her on the website.

All disputes arising out of the transactions between a user/subscriber and O’hire will be resolved in accordance with the laws of India as applicable.

All Disputes arising out of the transactions between a user and O’hire will be subject to the jurisdiction of Courts situated in Delhi alone.

If you provide details of current employer in the employment verification form, you authorize us to contact your existing HR through email/call stating that you have initiated self-verification.

Our third party service provider will make every attempt to conduct verification of your credentials. However in case they are unable to do so due to external factors, O’hire.com will not be liable to refund your money. Please see below to view details of such scenarios:

Sr.No. Type of Check Scenario Status
1 Education Verification not obtained due to unavailability of mandatory documents or information from subject-candidate/ lack of response / inaccessibility of records /return of submitted information due to any reason/unclear or incomplete document Unable to verify
2 Education Marksheets/Degree Certificates of highest education are not verifiable due to blurred copies. Unable to verify
3 Employment Company untraceable during research and no field verification could be conducted due to insufficiency of company’s address or any other reason Unable to verify
4 Employment Company ceased operations / Shifted to another location and could not be traced/ Company not traceable during internet research or field Unable to verify
5 Employment Verification not obtained due to lack of response from company / due to company not providing verifications as matter of policy / due to inaccessibility of records or company/due to closure or take over : proof of 3 attempts Unable to verify
6 Employment Company traced by Internet Research but during field verification company was found non-existent at the given address now or during duration of stated employment Unable to verify
7 Employment Employee code provided by candidate is incorrect but does not belong to another employee & HR requests us to send the correct code Unable to verify
8 Employment No employee code provided, insufficiency raised but unfulfilled; HR refuses to verify Unable to verify
9 Employment Employee code provided by candidate does not belong to the individual or the company/ belongs to a different candidate Unable to verify
10 Employment Company doesn.t entertain third party request details Unable to verify
11 Employment Organisation does not maintain records of old employees/Third Party Employees/contractual employees Unable to verify
12 Employment HR refused to verify without the disclosure of client name Unable to verify

 

O’hire.com will be in a position to contemplate a refund only under 2 situations

In case our third party service provider is unable to conduct verification due to demand of original documents by certain institutions. Please be informed that we do not deal with original documents.

In case our third party service provider is unable to conduct verification due to inaccessibility of institution for reasons like shut down, strikes, examinations, holidays, admissions etc.

 

Recruiter

The O’hire Recruiter profile may be updated/edited etc. by the user alone. The user shall not upload, post, transmit, publish, or distribute any material or information that is unlawful, or which may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libellous, vulgar, obscene, or racially, ethnically, or otherwise objectionable.

Uploading of multiple profiles by the same recruiter using the same or different accounts shall entitle O’hire to remove the profiles without notice to the user/subscriber.

O’hire reserves its right to reject and delete any profile or information/data fed in by the user without assigning any reason.

The sole responsibility of the safe custody of the log in details shall be that of the user and O’hire shall not be responsible for data loss/theft of data/corruption of data or the wrong usage/misuse of the password and any damage or leak of information and its consequential usage by a third party. O’hire undertakes to take all reasonable precautions at its end to ensure that there is no leakage/misuse of the password created by the user/recruiter.

O’hire shall in no way be held liable for any information received by the user and it shall be the sole responsibility of the user to check, authenticate and verify the information/response received at its own cost and expense.

The user represents that he/she is not a minor and is not under any legal or other disability which limits his/her ability to comply with these Terms or to install and use the services registered for with minimal risk of harm to you or others.

All changes / modifications made by the user to the data / information shall be effected and will come into operation only after 24-48 hours of such changes / modifications being made.

On registration you agree:

to make your profile available for display in the public domain.

and understand that when you post a job on O’hire.com or trigger an email to a job seeker, a snapshot of your public profile on O’hire Recruiter may automatically get inserted into the posting/mail (existing or new job listing on O’hire.com).

that you have the requisite authority to upload the job listings that are posted through the profile created by you in this section of O’hire.com i.e. O’hire Rrecruiter.

and understand that O’hire may place the information relating to vacancies posted by me through my O’hire Recruiter account on the website O’hire.com or such other mirror or parallel site(s) or in allied publications as O’hire may deem fit and proper.

O’hire shall place the information relating to vacancies in the on the website O’hire.com or such other mirror or parallel site(s) or in allied publications as O’hire may deem fit and proper but such additional web hosting shall be without any extra cost to the subscriber / user.

O’hire 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.

By posting/uploading a job posting on the website you confirm that you have obtained all licenses/permits as are necessary for recruitment and to indemnify O’hire against all claims, damages arising out of actions/claims that may be made in relation to the same.

O’hire has the right to make all such modifications/editing of the vacancy details in order to fit its database.

The Subscriber/Recruiter will provide up to a maximum of 2 email id’s for vacancies posted on O’hire.com to collect response(s) if any. The contact information given by the subscriber for all listing should be the same and the subscriber cannot give multiple contact information/data for the purpose of listing.

All information intimated by the user/subscriber / recruiter and displayed by O’hire on o-hire.com becomes public knowledge and O’hire may at its sole discretion include the vacancy intimated by a user/subscriber for display on o-hire.com in any other media including the print media at no extra costs to the user/subscriber and O’hire shall not be held liable for usage/publicity of such information.

O’hire offers no guarantee nor warranties that there would be a satisfactory response or any at all response once the job is put on display.

O’hire shall in no way be held liable for any information received by the user/subscriber and it shall be the sole responsibility of the subscriber to check, authenticate and verify the information/response received at its own cost and expense.

O’hire would not be held liable for any loss of data, technical or otherwise, information, particulars supplied by the subscriber, due the reasons beyond its control like corruption of data or delay or failure to perform as a result of any causes or conditions that are beyond O’hire’s reasonable control including but not limited to strike, riots, civil unrest, Govt. policies, tampering of data by unauthorized persons like hackers, war and natural calamities.

O’hire will commence providing services only upon receipt of amount/charges upfront either from the user/subscriber or from a third party on behalf of the user/subscriber.

The subscriber/Recruiter shall be deemed to give an undertaking to O’hire that the jobs sought to be advertised O’hire.com are in existence, are genuine and that the subscriber / recruiter has the authority to advertise for such jobs.

The subscriber/Recruiter must give an undertaking to O’hire that there will be no fee charged from any person who responds to jobs on O’hire.com for processing of applications / responses from such person.

O’hire reserves its right to change the look, feel, design, prominence, depiction, classification of the classified section of O’hire.com at any time without assigning any reason and without giving any notice.

The user/subscriber shall be assigned password (s) by O’hire to enable the user/subscriber to post vacancies on the site in agreed upon section(s), but the sole responsibility of the safe custody of the password shall be that of the subscriber and O’hire shall not be responsible for data loss/theft of data/corruption of data or the wrong usage/misuse of the password and any damage or leak of information and its consequential usage by a third party. O’hire undertakes to take all reasonable precautions at its end to ensure that there is no leakage/misuse of the password granted to the user/subscriber.

The User of these services does not claim any copyright or other Intellectual Property Right over the data uploaded by him/her on the website.

Jurisdiction for any disputes arising from and related to this contest shall be New Delhi, India to the exclusion of all other courts.

Disputes shall be resolved in accordance with the laws of India as applicable.

Exchange of Information & other Community Services

All information, data, text, video, messages or other materials, whether publicly or privately transmitted / posted, is the sole responsibility of the person from where such content originated (the Originator).

Sending lewd, obscene or offensive content using O’hire forum chat is strictly prohibited; using the services of O’hire in a manner which is meant to be offensive to others shall render the user liable for prosecution under the existing laws as applicable. O’hire assumes no responsibility for the nature of the content being exchanged using the O’hire Forum.

ANTI SPAM POLICY

The use and access to database is subject to this policy. The services provided to you are aimed at providing recruitment solutions and should be restricted to contacting suitable candidates for genuine jobs in existence.

Mailing practices such as transmitting marketing and promotional mailers/ Offensive messages/ messages with misleading subject lines in order to intentionally obfuscate the original message, are strictly prohibited.

We reserve the right to terminate services, without prior notice, to the originator of Spam. No refund shall be admissible under such circumstances.

Following is an illustrative (not exhaustive) list of the kinds of messages which can be classified as spam:

Unsolicited Bulk Messages/Unsolicited Commercial Communications.

Voice Calls/SMS to telephone numbers registered on the National Consumer Preference Register.

Non Job related mails.

Messages with misleading subject lines.

Blank Messages.

Extra ordinary High Number of mails.

Mails soliciting payments.

Misleading/Fraudulent mails.

Users agree to indemnify and hold harmless O’hire private Limited from any damages or claims arising out of usage of their accounts for transmitting spam

Users are advised to change their passwords frequently in order to reduce the possibility of misuse of their accounts



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