Terms & Conditions
Terms of Use
1.
SCOPE OF AGREEMENT
HR World Insight (“we”, “us” and terms of similar meaning) provides
this web site (in these terms we call this site and any successor websites, and
any system provided by HR World Insight for use with the
site, the “Site”) to you subject to these terms and conditions of use (these
“Terms”). Please read these Terms conscientiously before utilizing the Site. By
accessing or utilizing the Site or by merely browsing the Site you agree to be
legally bound by these Terms and all terms, policies, and guidelines
incorporated by reference in these Terms. If you do not concur with these terms
in their entirety, you may not utilize the Site. The term “you” refers to the
user or viewer of our Web Site.
This
Site is not intended to be used by children. You must be at least of the age of
majority to use this Site.
Contravention
of any of the terms below may result in the termination or deactivation of your
Account. While HR World Insight prohibits uploading, posting,
sharing of illegal, unauthorized, content on the service, you understand and
agree that HR World Insight cannot be responsible for the content
posted on the service through your or your company’s account, and that you
nonetheless may be exposed to such materials. You concur to utilize the
Accommodation at your own peril.
2.
Acceptance of Agreement
You
agree to the terms and conditions outlined in this Terms of Use Agreement
(“Agreement”) with respect to our site (the “Site”). This Agreement constitutes
the entire and only agreement between us and you, and supersedes all prior
agreements, representations, warranties, and understandings with respect to the
Site, the content, products, or services provided by or through the Site, and
the subject matter of this Agreement. This Agreement may be amended at any time
by us from time to time. A notice about any such amendment will be sent to you,
either via email, our website, our blog or through any other public medium. The
latest Agreement will be posted on the Site, and you should review this
Agreement prior to using the Site.
You
expressly understand and agree that HR World Insight shall not be
liable for any direct, indirect, incidental, special, consequential or
exemplary damages, including but not limited to, damages for loss of profits,
goodwill, use, data or other intangible losses (even if HR World
Insight has been advised of the possibility of such damages), resulting
from your usage of the Service.
3.
Information and Passwords
You
may be required to provide us with certain information in order to obtain
access to and use of certain features and functions of the Services including,
without limitation, your name or your company's name, login credentials (e.g.,
your email address and password), address, telephone number(s), e-mail address,
and/or applicable payment data for orders placed for goods and services via the
Services (e.g., credit card number, e-mail address, and expiration date)
(collectively, your "Information"). You represent, warrant and
covenant to us that any and all Information and any other information or data
you provide to us, is and will be true, accurate and complete when given to us,
that in providing such information to us you will not knowingly omit or
misrepresent any material facts or information. You further consent and
authorize us to verify your Information as required for your use and access to
the Services, as applicable.
Certain
features and functions of the Services are not generally available to the
public. In order to access and use such features and functions, we may require
you to enter your email and password. Third parties may also, from time to
time, provide you with additional codes or passwords necessary to perform
certain transactions or otherwise access the Services. Your email, password,
and any additional codes or passwords are collectively referred to herein as
"IDs". Your IDs are personal to you. You agree that you will not
allow another person to use your IDs to access and use the Services under any
circumstances.
You
are solely responsible for maintaining the strict confidentiality of your IDs
and for any charges, damages, liabilities or losses incurred or suffered as a
result of your failure to do so. We are not liable for any harm caused by or
related to the theft of your IDs, your disclosure of your IDs, or your
authorization to allow another person to access and use the Services using your
IDs. You agree to immediately notify us if you become aware of any unauthorized
use of your IDs or other need to deactivate an ID due to security concerns.
4.
Privacy Policy
Our Privacy
Policy, as it may change from time to time, is a part of
this Agreement. By using the Site, you agree to our use, collection, and
disclosure of personally identifiable information in accordance with the
Privacy Policy.
5.
About the HR World Insight System
HR World Insight is a People Management System provided over the
internet and its application. This system can be used by each profession of the
organization / company. In order to use the HR World Insight system,
one has to adhere to the “Registration” norms mentioned in this agreement
below, and make necessary payments as mentioned on the website https://www.hrworldinsight.com Any payment made
for usage of HR World Insight system will be subject to
the “Accounts”, “Registration”, “Representation”, “Billing”, “Payments” and
“Modification to the Service and Prices” terms mentioned below.
6.
Account Terms
·
You must be of majority age or older to use this
Service, and a legal representative of your organization.
·
You must be a human. Accounts registered by ‘bots’ or
other automated methods are not permitted.
·
You must provide your legal full name, a valid email
address, and any other information requested in order to complete the signup
process.
·
Your login shall only be used by you. A single login
shared by multiple people is not permitted.
·
You are responsible for all activity that occurs under
your account (even when activity is generated by others who have accounts under
your account).
·
You may not use the Service for any illegal or
unauthorized purpose. You must not, in the use of the Service, violate any laws
in your jurisdiction (including but not limited to copyright laws).
7.
Access to And Use of The Services
· You may not use
or allow others to use, your IDs and/or the Services, directly or indirectly,
nor upload, distribute, transmit, communicate, link to, publish or access any
data, information or material through, using or otherwise in connection with
the Services, that: (a) is libelous, defamatory, vulgar or obscene,
pornographic, sexually offensive or explicit, harmful or harassing,
threatening, hateful, racially, culturally, ethnically or otherwise
objectionable or offensive, discriminatory or abusive; (b) violates any law or
regulation or the rights of others; (c) causes duress, distress or discomfort
to another or is likely to deter or discourage others from using the Services;
and/or (d) infringes any intellectual property, privacy or proprietary rights
or confidentiality obligations of others. You are solely responsible and liable
for any such activity, behaviour, use and conduct. We have no liability and you
bear the sole and exclusive risk associated with use of or reliance on the
accuracy, quality, completeness, reliability or usefulness of any data,
information or material in connection with your IDs.
· You also may not
use, nor allow others to use, your IDs, the Services, directly or indirectly,
to: (a) attempt to or actually disrupt, impair or interfere with, alter or
modify the Services or any information, data or materials posted and/or
displayed by us or anyone else; (b) act in a way that affects or reflects
negatively on us, the Services, or anyone else; (c) collect or attempt to
collect any information from others including, without limitation, personally
identifiable information, without such party's prior consent. You agree to
comply with all local, state, federal laws, statutes, rules and regulations, as
well as any international treaties, which are applicable to your use of the
Services.
· You are
prohibited from violating or attempting to violate the security of the
Services, including, without limitation: (a) accessing data not intended for
you or logging onto a processor, communications or access device or account
which you are not authorized to access; (b) attempting to probe, scan or test
the vulnerability of the Services or to breach security or authentication
measures, regardless of your motives or intent; (c) attempting to interfere
with or disrupt the Services or services to any user, processor, host or
network, including, without limitation, by submitting a virus, worm or Trojan
horse; or (d) sending unsolicited e-mail or other information, including
promotions or advertising. Violations of system or network security or this
Agreement may result in civil or criminal liability. We have the right to
investigate occurrences which may involve such violations and may involve,
provide information to and cooperate with, law enforcement authorities in prosecuting
users who are involved in such violations.
8.
Registration
If you register for an account on the Site, you agree to:
·
provide accurate, current, and complete information as
may be prompted by any registration/signup forms on the Site (“Registration Data”)
·
maintains the security of your password
· maintains and
promptly update the Registration Data, and any other information you provide
to HR World Insight and to keep it accurate, current, and complete
· Accept all risks
of unauthorized access to the Registration Data and any other information you
provide to HR World Insight. You are responsible for all activity
on your HR WORLD INSIGHT account, and for all charges incurred by
your HR World Insight account.
9.
Warranties and Liability of HR World Insight:
We represent and warrant that:
· Our website (https://www.hrworldinsight.com) shall run
with an up-time of [95] % (“Service Level”); and
· From time to time, we may temporarily
suspend access to the website for routine maintenance
and system upgrade tasks. This temporary suspension for maintenance
and system upgrade may be carried out with prior notice, as long as
the maintenance/system upgrade is a planned action
· There might also be unforeseen/unexpected
urgent maintenance / system upgrades required which be carried out ad hoc
with or without prior notice (although we expect this to happen rarely).
We do not warrant that:
· The Service will
always meet your requirements or expectations.
· The Service will always be uninterrupted,
timely, secure, bug or error-free.
· The calculations performed by the Service
are always 100% accurate.
· Any errors or bugs in the Service will
always be corrected immediately or by any date/time which customer requests.
You
expressly understand and agree that HR World Insight shall not
be liable for any direct, indirect, incidental, special, consequential or
exemplary damages, including but not limited to, damages for loss of profits,
goodwill, use, data or other intangible losses (even if HR World
Insight has been advised of the possibility of such damages),
resulting from your usage of the Service.
10.
Payments
You
represent and warrant that:
· Any payment information you supply is
true and complete
·
Charges
incurred by you will be honored by you, your bank, your debit card, or your credit
card company
· You will pay the charges incurred by you
at the agreed upon prices, including any applicable taxes
11.
Billing
Payments
for your use of the Service are calculated on a per employee/user basis, within
your company’s HR World Insight account. Each account
registered by you that utilizes a paid (not free) plan, will incur periodic
charges. These periodic charges can be billed to the credit card, debit card,
or your bank account (via an online or offline mode). In either case, you
understand and agree that you, as the HR World Insight account
holder, are ultimately responsible for payment for every account under your
account.
· Our service is
offered as a periodic subscription, calculated on a monthly pricing basis and
offered through an annual payment plan. (Note: Lifetime offer means Five years
then members have to renew it time to time)
·
Your
subscription plan pricing will be determined based on the number of employees and
combination of product modules you’ve chosen.
· The service is billed in advance for the
subscribed period.
· For any upgrade or downgrade in plan
level, depending on the method of Payment you have chosen, you will be charged
accordingly. If you have used your credit card or debit card, our system
will automatically charge the new rate on your next billing cycle.
· Downgrading your Service may cause the
loss of content, features, or capacity of your Account. HR World
Insight does not accept any liability for such loss.
· All prices listed on the website may be
displayed in INR (Indian Rupees).
· In order to treat everyone equally, no
exceptions will be made for any payment terms listed in this agreement.
12.
Deactivation or Cancellation of Account
· You are solely
responsible for properly deactivating or canceling your account. You may deactivate
/ cancel your account at any time from
the “Account” page within your account.
· There is no separate
deactivation/cancellation fee, over and above the subscription fee you may be
paid for using your account (if any).
· All the data present in your account will
be immediately inaccessible, and it will be deleted from our servers upon
deactivation/cancellation of your account. Once your account is deactivated / cancelled,
your data cannot be recovered.
· Once you have deactivated / cancelled
your account, there will be no charge/fee billed after the end of any already
paid subscription of the account.
· HR World Insight may at any
time and for any reason terminate the Services, terminate this Agreement, or
suspend or terminate your account. In such a case, HR World Insight will give you temporary access or
the option to download all your account data as-is, before or after termination
of service.
· HR World Insight reserves the right to refuse service to
anyone for any reason at any time.
· Accounts that are inactive (not
logged-in)/idle/deactivated/cancelled for more than 3 months (90 days) will be
removed permanently from our servers. Data loss caused due to this deletion is
not our responsibility.
13.
Modifications to the Service and Prices
· HR World Insight reserves
the right at any time and from time to time to modify or temporarily
discontinue, the Service (or any part thereof) with or without
notice. Temporary discontinuation will only occur in case of special
circumstances such as unexpected or unavoidable system errors,
security issues or legal obligations. In such circumstances, it may or may not
be possible to give prior notice. However, an appropriate notice will be given
to all customers as early as possible.
· Prices of all
Services, including but not limited to subscription plan fees to the Service,
are subject to change upon 30 days prior notice from us.
· Such notice may
be provided to you at any time by giving a prior written notice of 30 days in
addition to posting the changes to the HR World Insight Web
Site (https://www.hrworldinsight.com) and/or
the Service itself.
· HR World Insight shall not be
liable to you or to any third party for any modification, price change,
suspension, or discontinuance of the Service.
14.
Copyright
The
content, organization, graphics, design, compilation, magnetic translation,
digital conversion, and other matters related to the Site are protected under
applicable copyrights, trademarks, and other proprietary (including but not
limited to intellectual property) rights. The copying, redistribution, use, or
publication by you of any such matters or any part of the Site, except as
allowed in this Agreement, is strictly prohibited. Some of the content on the
site is the copyrighted work of third parties.
15.
Service Marks
HR World Insight is our service mark or registered service mark or
trademark. Other product and company names mentioned on the Site may be
trademarks of their respective owners.
Limited
License; Permitted Uses
You
are granted a non-exclusive, non-transferable, revocable license.
· To access and use
the Site strictly in accordance with this Agreement
· To use the Site
solely for internal, personal, non-commercial purposes
· To print out
discrete information from the Site solely for internal, personal, and
non-commercial purposes, and provided that you maintain all copyright and other
policies contained therein.
The
services we provide through the Site are for your own use only. You may not
resell, lease or provide them in any other way to anyone else.
16.
General Conditions for Ethical and Legal Usage
· Verbal, physical,
written or other abuse of any HR World Insight customer,
employee, member, or officer will result in immediate account
deactivation/cancellation and legal action.
· You must not
upload, post, or transmit unsolicited email or “spam” messages or otherwise any
material that is illegal, pornographic, abusive or obscene.
· You agree to
receive administrative and legal notices about the Service electronically via
email or snail mail.
17.
Restrictions and Prohibitions on Use
Your
license for access and use of the Site and any information, materials, or
documents (collectively defined as “Content and Materials”) therein are subject
to the following restrictions and prohibitions on use: You may not:
· copy, print
(except for the express limited purpose mentioned in this agreement),
republish, display, distribute, transmit, sell, rent, lease, loan, or otherwise
make available in any form or by any means all or any portion of the Site
or any Content and Materials retrieved from there
· Use the Site or
any materials obtained from the Site to develop, of as a component of, any
information, storage and retrieval system, database, information base, or
similar resource (in any media now existing or hereafter developed), that is
offered for commercial distribution of any kind, including through sale,
license, lease, rental, subscription, or any other commercial distribution
mechanism
· Create
compilations or derivative works of any Content and Materials from the Site
· use any Content
and Materials from the Site in any manner that may infringe any copyright,
intellectual property right, proprietary right, or property right of us or any
third parties
· remove, change or
obscure any copyright notice or other proprietary notice or terms of use
contained in the Site
· make any portion
of the Site available through the Internet or any other technology existing now
or developed in the future
· remove,
decompile, disassemble, or reverse engineer any Site system or use
any network monitoring or discovery system to determine the Site
architecture
· use any automatic
or manual process to harvest information from the Site
· use the Site for
the purpose of gathering information for or transmitting
v unsolicited
commercial email
v email that makes
use of headers, invalid or non-existent domain names, or other means of
deceptive addressing
v unsolicited
telephone calls or facsimile transmissions
· use the Site in a
manner that violates any state or national law regulating email, facsimile
transmissions or telephone solicitations
· export or
re-export the Site or any portion thereof, or any system available on
or through the Site, in violation of the export control laws or regulations of
India
18.
Linking to the Site
You
may provide links to the Site, provided
· that you do not
remove or obscure, by framing or otherwise, advertisements, the copyright
notice, or other notices on the Site
· your site does
not engage in illegal or pornographic activities
· you discontinue
providing links to the Site immediately upon request by us
19.
Advertisers
The
Site may contain advertising and sponsorships. Advertisers and sponsors are responsible
for ensuring that material submitted for inclusion on the Site is accurate and
complies with applicable laws. We are not responsible for the illegality or any
error, inaccuracy or problem in the advertiser’s or sponsor’s materials. In
addition, HR World Insight reserves the right to refuse
acceptance of any advertisement it considers inappropriate for whatever reason.
20.
Errors, Corrections, and Changes
We
do not represent or warrant that the Site will be error-free, free of viruses,
or other harmful components. We will make all possible efforts to correct any
errors/defects that are brought to our notice. We do not represent or
warrant that the information available on or through the Site will be correct,
accurate, timely, or otherwise reliable. We may make changes to the features,
functionality, or content of the Site at any time without notice. We reserve
the right in our sole discretion to edit or delete any documents, information
or other content appearing on the Site.
21.
Third Party Content
Third
party content may appear on the Site or may be accessible via links from the
Site. We are not responsible for and assume no liability for any mistakes,
misstatements of law, defamation, omissions, falsehood, obscenity, pornography,
or profanity in the statements, opinions, representations or any other form of
content on the Site. You understand that the information and opinions in the third-party
content represent solely the thoughts of the author and are neither endorsed by
nor does it necessarily reflect our belief.
22.
Unlawful Activity
We
reserve the right to investigate complaints or reported violations of this
Agreement and to take any action we deem appropriate, including but not limited
to reporting any suspected unlawful activity to law enforcement officials,
regulators, or other third parties and disclosing any information necessary or
appropriate to such persons or entities relating to your profile, email
addresses, usage history, posted materials, IP addresses, and traffic
information.
23.
Indemnification
You
agree to indemnify, defend, and hold us and our partners, agents, officers,
directors, employees, subcontractors, successors, assigns, third party
suppliers of information and documents, attorneys, advertisers, product and
service providers, and affiliates (collectively, “Affiliated Parties”) harmless
from any liability, loss, claim and expense, including reasonable attorney’s
fees, related to your violation of this Agreement or use of the Site.
24.
Non-transferable
Your
right to use the Site is not transferable or assignable. Any password or right
given to you to obtain information or documents is not transferable or
assignable.
25.
Disclaimer
THE
INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED
“AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR
IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).
THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER
LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR
YOUR USE OF ANY INFORMATION OR SERVICE, IN PARTICULAR, BUT NOT AS A LIMITATION
THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF
BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF
CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR
OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND
LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF
THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS
AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH
THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE
NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY
DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A
FORM OR DOCUMENT IS DISCLAIMED.
26.
Limitation of Liability
a. We and any Affiliated Party shall not be
liable for any loss, injury, claim, liability, or damage of any kind resulting
in any way from
· any errors in or
omissions from the Site or any services or products obtainable there from
·
the unavailability or interruption of the Site or any
features there of your use of the Site
·
the content contained on the Site
· Any delay or
failure in performance beyond the control of a Covered Party.
b. The aggregate liability of us and the
affiliated parties in connection with any claim arising out of or relating to
the site and/or the products, information, documents and services provided
herein or under this agreement (including in relation to the
indemnification clause above) shall not exceed the total amount of payments
made during the term of this agreement and that amount shall be in lieu of
all other remedies which you may have against us and any affiliated party.
27.
Use of Information
You
acknowledge that you are responsible for whatever material you submit, and you,
not us, have full responsibility for the message, including its legality,
reliability, appropriateness, originality, and copyright.
28.
Third-Party Merchant Policies
All
rules, policies (including privacy policies), and operating procedures of
Merchants will apply to you while on any Merchant sites. We are not responsible
for information provided by you to Merchants. We and the Merchants are
independent contractors and neither party has authority to make any
representations or commitments on behalf of the other.
29.
Statements on Site
The
Site may include statements concerning our operations, prospects, strategies,
financial condition, future economic performance, and demand for our products
or services, as well as our intentions, plans, and objectives (particularly
with respect to product and service offerings), that are forward-looking
statements. These statements are based upon a number of assumptions and
estimates which are subject to significant uncertainties, many of which are
beyond our control. When used on our Site, words like “anticipates,” “expects,”
“believes,” “estimates,” “seeks,” “plans,” “intends,” “will” and similar
expressions are intended to identify forward-looking statements designed to
fall within securities law safe harbors for forward-looking statements. The
Site and the information contained herein does not constitute an offer or a
solicitation of an offer for sale of any securities. None of the information
contained herein is intended to be, and shall not be deemed to be, incorporated
into any of our securities-related filings or documents.
30.
Links to other Web Sites
The
Site may contain links to other Web sites. We are not responsible for the
content, accuracy, or opinions expressed in such Web sites, and such Web sites
are not investigated, monitored or checked for accuracy or completeness by us.
Inclusion of any linked Web site on our Site does not imply approval or
endorsement of the linked Web site by us. If you decide to leave our Site and
access these third-party sites, you do so at your own risk.
31.
Copyrights and Copyright Agents
We
respect the intellectual property of others, and we ask you to do the same. If
you believe that your work has been copied in a way that constitutes copyright
infringement, please provide us the following information:
· An electronic or
physical signature of the person authorized to act on behalf of the owner of
the copyright interest
· A description of
the copyrighted work that you claim has been infringed
· A description of
where the material that you claim is infringing is located on the Site
· Your address,
telephone number, and email address
· A statement by
you that you have a good faith belief that the disputed use is not authorized
by the copyright owner, its agent, or the law
· A statement by
you, made under penalty of perjury, that the above information in your Notice
is accurate and that you are the copyright owner or authorized to act on the
copyright owner’s behalf.
· You can reach us
by using the Contact Form provided on the site
32.
Information and Press Releases
The
Site contains information and press releases about us. We disclaim any duty or
obligation to update this information or any press releases. Information about
companies other than ours contained in the press release or otherwise, should
not be relied upon as being provided or endorsed by us.
33.
Legal Compliance
You
agree to comply with all applicable domestic and international laws, statutes,
ordinances, and regulations regarding your use of the Site and the Content and
Materials provided therein.
34.
Miscellaneous
This
Agreement shall be treated as though it were executed and performed in Gujarat,
India and shall be governed by and construed in accordance with the laws of the
Union of India. All actions shall be subject to the limitations set forth in
this agreement. The language in this Agreement shall be interpreted as to its
fair meaning and not strictly for or against any party. This Agreement and all
incorporated agreements and your information may be automatically assigned by
us in our sole discretion to a third party in the event of an acquisition,
sale, or merger. Should any part of this Agreement be held invalid or
unenforceable, that portion shall be construed consistent with applicable law
and the remaining portions shall remain in full force and effect. To the extent
that anything in or associated with the Site is in conflict or inconsistent
with this Agreement, this Agreement shall take precedence. Our failure to
enforce any provision of this Agreement shall not be deemed a waiver of such
provision nor of the right to enforce such provision. Our rights under this
Agreement shall survive any termination of this Agreement.