Terms and Conditions.

We kindly request you to carefully read and understand these Terms and Conditions of Use. By accessing this website and any of its pages, you signify your agreement to be bound by the terms and conditions outlined below, as well as any additional terms and conditions communicated on specific pages of the website. If you do not agree with the terms and conditions described herein or on any other pages of this website, we respectfully ask that you refrain from accessing this website or any of its pages.

Terms and Conditions of Use

These Terms & Conditions of Use are hereby presented in compliance with the Information Technology Act, 2000 and the provisions of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011. These encompass regulations, guidelines, bylaws, and subsequent notifications mandating the publication of rules, regulations, privacy policy, and Terms & Conditions of Use for accessing or utilizing the website. The domain name www.GoomHR.com (hereinafter referred to as the “Website”) is owned and operated by Gomti Consultants. Your access to this Website and its various pages signifies your agreement to abide by these Terms & Conditions of Use.

In the context of these Terms & Conditions of Use, “You” or “User” pertains to any natural or legal person who has willingly become a User of the Website by providing Registration Data while registering on the Website as a Registered User. This includes the act of submitting resumes, insertions, or information into the computers, computer systems, or computer network of Gomti Consultants. The Website also allows Users to browse its contents or make purchases without requiring prior registration. The terms “We,” “Us,” and “Our” denote Gomti Consultants.

The Website serves the purpose of providing access to individuals seeking job opportunities or employment/job openings (“Job Seeker/User”). Additionally, it caters to various entities, individuals, and organizations interested in procuring information regarding hiring or intending to disseminate information pertaining to employment opportunities, either on their own behalf or on behalf of others (“Employer/User”).

Upon utilizing any of the services offered by Us through the Website, including but not limited to job postings and resume services, you shall be subject to the rules, guidelines, policies, terms, and conditions that are specifically applicable to such services. These provisions are hereby deemed to be incorporated into these Terms & Conditions of Use and should be regarded as an integral part of the same. We retain the right, at our sole discretion, to modify, amend, add, or remove segments of these Terms & Conditions of Use without prior written notice to You. It is your responsibility to periodically review these Terms & Conditions of Use for updates or changes. Your continued usage of the Website subsequent to any changes being posted signifies your acceptance and agreement to the revised terms. As long as you adhere to these Terms & Conditions of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to access and utilize the Website.

We shall make every effort to ensure uninterrupted availability of the Website and the absence of transmission errors. Nevertheless, owing to the inherent nature of the Internet, we cannot guarantee such conditions. Moreover, User access to the Website may be periodically suspended or restricted to facilitate repairs, maintenance, or services without any prior notice. Our intention is to limit the frequency and duration of such suspensions or restrictions to the best of our ability.

By either implied or explicit acceptance of these Terms & Conditions of Use, You also express consent and concurrence to be bound by our Policies (including but not limited to our Privacy Policy) as and when they are updated.

Third-Party Websites

This website may contain links and pages to websites controlled or offered by third parties. We hereby disclaim liability for any information, materials, products, or services posted or offered at any of the third-party websites linked to this website. We do not endorse or recommend any products or services offered or information contained on those websites, nor are we liable for any failure of products or services offered or advertised on those websites.

Eligibility Criteria

Use of the Website is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872, including minors, un-discharged insolvents, etc., 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 transact on or use the Website. If you are a minor and wish to use or transact on the Website, such use or transaction may be made by your legal guardian or parents on the Website. We reserve the right to terminate your membership and/or refuse to provide you with access to the Website if it is brought to our notice or if it is discovered that you are under the age of 18 years.

Your Account and Registration Obligations

If you use the Website, you shall be responsible for maintaining the confidentiality of your Display Name, username, and password. You shall also be responsible for all activities that occur under your Display Name, username, and password. You agree that if you provide any information that is untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, or not in accordance with these Terms and Conditions of Use, we shall have the right to indefinitely suspend, terminate, or block access to your membership on the Website and refuse to provide you with access to the Website. Such actions on your part may have legal implications, including but not limited to civil and criminal liability. Furthermore, you agree to indemnify us for all losses incurred due to any false, distorted, manipulated, defamatory, libelous, vulgar, obscene, fraudulent, or misleading statements or otherwise objectionable averments made by you on our Website.

Communications

When you use the Website, you may receive messages, emails, or email notifications corresponding with your activity, or you may send emails or provide other data, information, or communication to us electronically. You agree and understand that you are communicating with us through electronic records. You agree and consent to receive communications via electronic records or through messages/SMS from us periodically and as and when required. We may communicate with you by email, SMS, phone call, or by such other modes of communication, electronic or otherwise.

Platform for Transactions and Communication

This website serves as a platform through which users, job seekers, and employers engage in transactions and communication related to the services provided by us. Users interact with each other and utilize our services, and we do not act as a party to or control any transactions between users on the website.

Key Points:

1. All commercial and contractual terms are solely between users of the website.
2. We do not make any representations or warranties regarding the quality, value, or salability of services offered by third parties on the website. We accept no liability for errors or omissions, whether on our part or on the part of third parties.
3. Users shall not use our website to send unsolicited bulk emails or unsolicited commercial emails, and we reserve the right to filter and monitor such emails to prevent spam.
4. Users shall not engage in spamming activities on our database or forward emails considered as spam. Violation of this clause may lead to termination of services.
5. Users shall not upload, post, transmit, publish, or distribute unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or objectionable material or information.
6. Users are responsible for maintaining the confidentiality of their login credentials and for all activities performed using their credentials.
7. Users must comply with the requirements of the Information Technology Act, 2000, and related regulations when accessing or providing any data on our computers, systems, or networks.
8. Users release and indemnify us and its officers from any consequences arising from their actions on the website, waiving any claims under applicable law.
9. We do not control the information provided by other users on the website, and users are advised to exercise caution when using the platform.
10. Users shall not infringe on any intellectual property rights of others or retain/download information with the intent to do so.
11. We make reasonable efforts to ensure the website’s security but do not guarantee freedom from operational errors, viruses, or harmful components.
12. User payments for services are on a 100% advance basis, and refunds are at our discretion. We do not guarantee server uptime or application performance and assume no liability for free services.
13. We are not responsible for spam or viruses received through links to our website.
14. We do not guarantee the credentials or status of prospective employers/organizations using user-provided information and disclaim liability for data loss due to uncontrollable factors.
15. Users are responsible for ensuring data privacy through privacy settings.
16. Users acknowledge that we are not responsible for the content of job applications, messages, or emails and must verify job offers’ validity before taking action.
17. Users access telephonic interviews at their own risk, and we disclaim liability for any issues arising from such interviews.
18. Products/services purchased are not for resale to others.

    Use of the Website

Your engagement with this website signifies your request and authorization for us to present your resume to any Employer, User, or Person with an interest in your resume. This is achieved by creating a public resume accessible through the website. Furthermore, we may automatically provide you with job recommendations through email or messages, as well as share job postings or listings. These recommendations are formulated based on a multitude of factors, including, but not limited to, the information you have furnished on the website. Your utilization of the website is expressly conditioned upon adherence to the following binding principles:

Content Guidelines:

1. You are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating, or sharing any information that:

   – Belongs to another individual without the requisite authorization.

   – Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, or encouraging illicit activities such as money laundering or gambling, or is otherwise unlawful.

   – Contains misleading elements.

   – Is patently offensive to the online community, including sexually explicit content or content that advocates obscenity, paedophilia, racism, bigotry, hatred, or physical harm against any group or individual.

   – Harasses or promotes harassment of another person.

   – Involves the transmission of unsolicited mass mailings, “chain letters,” or “spam.”

   – Promotes illegal activities, abusive behavior, threats, obscenity, defamation, or libel.

   – Infringes upon or violates the rights of third parties, including intellectual property rights, privacy rights (including unauthorized disclosure of personal information), or rights of publicity.

   – Promotes the illegal or unauthorized reproduction of copyrighted work belonging to another person.

   – Contains restricted or password-protected content, or hidden pages or images not linked from other accessible pages.

   – Provides material that exploits individuals in a sexual, violent, or otherwise inappropriate manner or solicits personal information from anyone.

   – Offers instructions or information pertaining to illegal activities, such as the creation or acquisition of illegal weapons, invasion of privacy, or the development of computer viruses.

   – Contains video, photographs, or images of another person, whether a minor or an adult, without their consent.

   – Attempts to gain unauthorized access or exceeds the scope of authorized access to the Website, user profiles, blogs, communities, account information, bulletins, friend requests, or other areas of the Website. This includes soliciting passwords or personal identifying information from other users for commercial or unlawful purposes.

   – Engages in commercial activities and sales without obtaining our prior written consent. This includes contests, sweepstakes, barter, advertising, pyramid schemes, or the buying or selling of “virtual” products related to the Website. Throughout these Terms & Conditions of Use, “Our prior written consent” refers to communication from our Legal Department in direct response to your request and specifically addressing the activity or conduct for which authorization is sought.

   – Solicits or engages in gambling activities that we, at our sole discretion, believe are or could be construed as illegal.

   – Interferes with another User’s use and enjoyment of the Website or disrupts an individual’s use and enjoyment of similar services.

   – Contains references to websites or URLs that, in our sole discretion, contain material deemed inappropriate for the Website or any other website. This includes content that is prohibited or violates the essence of these Terms & Conditions of Use.

   – Harms minors in any way.

   – Infringes upon any patent, trademark, copyright, or other proprietary rights, or third party trade secrets, rights of publicity, rights of privacy, or involves fraudulent activity.

   – Violates any prevailing laws.

   – Deceives or misleads the addressee or users regarding the origin of such messages or communicates information that is grossly offensive or menacing in nature.

   – Involves impersonation of 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, including but not limited to trojan horses, worms, time bombs, cancel bots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, diminish the value of, surreptitiously intercept, or expropriate any system, data, or personal information.

   – Threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order, or incites the commission of any cognizable offense, or prevents the investigation of any offense, or is insulting to any other nation.

   – Is false, inaccurate, or misleading.

   – Directly or indirectly offers, attempts to offer, trades, or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation, or guideline in effect.

   – Creates liability for us or causes us to lose the services of our internet service providers (“ISPs”) or other suppliers.

2. You must refrain from using any “deep-link,” “page-scrape,” “robot,” “spider,” or other automated device, program, algorithm, or methodology, or any similar manual process, to access, acquire, copy, or monitor any portion of the Website or its Content. You may not 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 expressly made available through the Website. We reserve the right to prohibit any such activity.

3. Unauthorized access attempts to any portion or feature of the Website, or any other systems or networks connected to the Website, server, computer, network, or any services offered on or through the Website by means of hacking, password “mining,” or any other illegitimate means, are strictly prohibited.

4. 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 about any other User of or visitor to the Website or any other customer, including any account on the Website not owned by You, to its source. You shall not exploit the Website or any service or information made available or offered through the Website with the purpose of revealing any information, including but not limited to personal identification or information, other than your own information as provided on the Website.

5. You shall refrain from making negative, denigrating, or defamatory statements or comments about us, our brand name, or domain name, or engaging in any conduct or action that might tarnish our image or reputation. This includes actions that could tarnish or dilute any trade or service marks, trade names, and goodwill associated with such trade or service marks or trade name, whether owned or used by us. You agree not to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website, our systems, or networks, or any systems or networks connected to us.

6. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website, any transaction being conducted on the Website, or with any other person’s use of the Website.

7. You may not forge headers or manipulate identifiers in order to disguise the origin of any message or transmittal sent to us through the Website or any service offered on or through the Website. You may not pretend to be, or represent, someone else, or impersonate any other individual or entity.

8. You shall not use the Website or any content for any unlawful purpose or in a manner that contravenes these Terms of Use. Furthermore, you shall not solicit the performance of any illegal activity or any other activity that infringes upon the rights of GoomHR.com and/or others.

9. At all times, you are required to ensure full compliance with the applicable provisions of the Information Technology Act, 2000, and the rules thereunder, as well as any amendments thereto. This includes compliance with all applicable domestic laws, rules, and regulations, including but not limited to the provisions of any applicable Exchange Control Laws or Regulations in Force, International Laws, Foreign Exchange Laws, Statutes, Ordinances, and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies), and Goods and Services Tax. This compliance is to be observed in your use of our Website. You shall not engage in any activity that is prohibited by the provisions of any applicable law, including exchange control laws or regulations currently in force.

10. Solely to enable us to use the information you provide us with, ensuring that we do not violate any rights you might have in your information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights, or any other rights you have in your information. This grant extends to any media, whether known or yet to be discovered, with respect to your information. We will use your information exclusively in accordance with the Terms & Conditions of Use and Privacy Policy applicable to the use of the Website.

11. You are prohibited from engaging in advertising or solicitation activities targeting other Users of the Website for the purchase or sale of any products or services, including but not limited to products or services related to those displayed on the Website or related to us. You may not transmit chain letters or unsolicited commercial or junk email to other Users via the Website. Violating these Terms & Conditions of Use by using any information obtained from the Website to harass, abuse, or harm another person, or to contact, advertise to, solicit, or sell to another person, other than us, without our prior explicit consent, constitutes an infringement of these Terms & Conditions of Use. To safeguard our Users from such advertising or solicitation, we reserve the right to limit the number of messages or emails that a User may send to other Users within a 24-hour period, as we deem appropriate at our sole discretion. You understand that we retain the right at all times to disclose any information, including the identity of persons providing information or materials on the Website, as required to comply with any law, regulation, or valid governmental request. This disclosure may include, but is not limited to, sharing information in connection with investigations into alleged illegal activities or solicitation of illegal activities, or in response to a lawful court order or subpoena. Furthermore, we can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials if we, at our sole discretion, believe it to be necessary or appropriate in connection with the investigation and/or resolution of potential crimes, particularly those involving personal injury. We retain the right, but not the obligation, to monitor the materials posted on the Website. We are entitled to remove or edit any content that, in our sole discretion, violates, or is alleged to violate, any applicable law, or either the spirit or letter of these Terms of Use. Nevertheless, you remain solely responsible for the content of the materials you post on the Website and in your private messages. Please be advised that such content posted does not necessarily reflect our views. In no event shall we assume or bear any responsibility or liability for any content posted or for any claims, damages, or losses arising from the use of content and/or the appearance of content on the Website. You hereby represent and warrant that you possess all necessary rights in and to all content you provide, along with all associated information. This content shall not infringe upon the proprietary rights of third parties, nor shall it contain any libellous, tortious, or otherwise illegal information.

12. It is conceivable that other users, including unauthorized users or “hackers,” may post or transmit offensive or obscene materials on the Website, leading to involuntary exposure to such offensive and obscene materials. It is also possible for others to obtain personal information about you due to your usage of the Website, and the recipient may use such information to harass or harm you. We do not condone such unauthorized uses, but by utilizing the Website, you acknowledge and consent that we are not responsible for the use of any personal information you publicly disclose or share with others on the Website. Therefore, please exercise care and discretion when selecting the type of information you publicly disclose or share with others on the Website.

13. We reserve all rights to take necessary actions and claim damages that may arise due to your involvement or participation, whether intentional or unintentional, alone or as part of a group, in DoS/DDoS (Distributed Denial of Services).

    Consent to Use of Data

By using this Website, you hereby provide your consent for the collection and usage of certain personal information. We may collect and automatically store data such as your IP address in our database. If you choose to register on the Website, you will be required to provide specific personal information necessary for registration and accessing web pages. This information may include, but is not limited to, your name, email address, contact details, mobile/telephone number(s), gender, age, occupation, interests, credit card information, billing details, financial information, PAN card, personal identification proof or card, content, IP address, standard web log information, information about your computer hardware and software, and any other information necessary for your interaction with our services, from which your identity can be discerned. Additionally, we may collect non-unique demographic information, such as codes and preferences. On occasion, you may be requested to provide descriptive, cultural, preferential, social, and lifestyle information (hereinafter referred to as “INFORMATION”).

You agree and consent that the synchronization of your social media accounts with your user account may be viewed by recruiters, employers, other users, and third parties for the purpose of providing services and related activities.

In accordance with our Cookie and Privacy Policy, we may collect and use INFORMATION, including but not limited to technical data like your IP address, device ID, usage data, and third-party related information. This may include technical information about your mobile device, system, and application software, account details, and additional data related to your account on third-party social media platforms and peripherals. This information is periodically gathered to facilitate the provision of software updates, product support, and other services related to our mobile application or app.

You agree that we may collect, use, transfer, process, and store INFORMATION in any manner necessary when you register on the Website or opt for any paid or unpaid services. By agreeing to these Terms & Conditions of Use, you explicitly grant permission for such data sharing with third parties. You confirm that no sensitive or personal information has been shared with us.

You further agree and guarantee that by accepting these Terms & Conditions of Use, we may collect, use, and share certain information regarding the contacts in your mobile or device’s phone book (“Contact Information”) in accordance with our Privacy Policy and in connection with our services. By allowing the collection of Contact Information, you give us the right to use it as part of the service and guarantee that you have the necessary permissions to share this Contact Information with us. You may opt-out of sharing Contact Information at any time.

We may also use Contact Information to enhance your experience with our services by helping you expand your network. This includes identifying your contacts who are already members or users of our services and providing templates to send invitations on your behalf. Additionally, we may suggest people you may know based on shared connections, managers, employers, educational institutions, and other factors. We may also use this information to show you and other members or users that you share the same uploaded contacts.

As the owner of the content and information you submit or post on the Website, you grant us a non-exclusive license to use, copy, modify, distribute, publish, and process the information and content you provide through our services. However, certain limitations apply to this license, such as your ability to end the license for specific content by deleting it from the services or closing your account.

We will not include your content in advertisements for third-party products and services without your separate consent. We may serve ads near your content, and your comments on sponsored content may be visible as noted in the Privacy Policy. We will seek your consent if we want to give others the right to publish your posts beyond the service. However, other members or users and visitors may access and share your content and information, consistent with your settings and degree of connection with them. While we may edit and format your content, we will not modify the meaning of your expression. You retain the right to make your content available to others under specific terms, including Creative Commons licenses.

You also acknowledge that we may access, store, and use any information you provide in accordance with the terms of the Privacy Policy. If you submit suggestions or feedback regarding the services, we may use and share such feedback without the obligation of compensation.

You agree to provide content or information that complies with the law and respects the rights of others. You confirm that your job profile or any profile, post, or information will be truthful. We may be required by law to remove certain information or content in certain countries.

Contents Posted on Website

The content on this Website, including text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, and artwork (collectively referred to as “Content”), consists of third-party user-generated content. GoomHR.com has no control over such third-party user-generated content and serves as an intermediary for the purposes outlined in these Terms & Conditions of Use.

Except as expressly provided in these Terms & Conditions of Use, no part of the Website or its Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way, including “mirroring,” to any other computer, server, website, or medium for publication, distribution, or commercial use without our express prior written consent.

You may use information on the products and services available on the Website for downloading, provided that you do not remove any proprietary notice language in such documents, use such information solely for your personal, non-commercial informational purposes, refrain from copying or posting such information on any networked computer or broadcasting it in any media, make no modifications to such information, and do not make additional representations or warranties related to such documents.

Any content, materials, or information you post or transmit to the Website, including notes, messages, emails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files, or other materials (“Content”), becomes the property of GoomHR.com. You grant us worldwide, perpetual, and transferable rights in such Content. We are entitled to use the Content or any of its elements for various purposes, including promotional and advertising purposes, in any media, whether now known or hereafter devised, without the need for further consent or compensation to you or others. Please note that any Content you post may be used by us, consistent with our Privacy Policy and Rules of Conduct on the Website, and you are not entitled to payment or compensation for such use.

Privacy Policy

We hold your privacy in the highest regard. We understand that your Personal Information is a valuable asset and are committed to safeguarding it. We employ stringent physical and technological security measures and adhere to the provisions of the Information Technology Act, 2000, and its associated rules when storing and processing your information. For a detailed account of our current Privacy Policy, please visit our website. If you disagree with our information collection and usage practices, we kindly request that you refrain from using GoomHR.com.

Under certain circumstances, we may find it necessary to share, sell, transfer, license, or convey some or all of your personal information to another business entity. This could transpire in the event of a merger, acquisition, reorganization, amalgamation, business restructuring, or any other valid reason. In such cases, the receiving business entity or the newly formed combined entity will be obliged to adhere to our Privacy Policy concerning your personal information.

When you provide us with your information, we may employ it to furnish you with various services related to your transactions, whether these transactions take place on GoomHR.com or on third-party merchants’ websites.

Furthermore, you explicitly grant your consent to receiving calls, SMS messages, or communications from us, authorized third parties, or parties acting on our behalf. These communications may pertain to our services and products, including but not limited to Job Search, Job Alert, and other related services. This consent applies even if you have registered with the National Do Not Call Registry, whether in the fully or partly blocked category under the National Customer Preference Register established by the Telecom Regulatory Authority of India. By providing your telephone number, you are indicating your interest in and consent to receiving such communications.

Please be aware that these communications shall not be classified as Unsolicited Commercial Communication under the TRAI guidelines. You are choosing to receive these communications voluntarily.

Disclaimer of Warranties and Liability

This website, including all materials, products (including software), and services provided through it, is presented to you on an “as is” and “as available” basis, without any express or implied warranties, unless otherwise explicitly specified in writing. Without limiting the generality of the foregoing, we do not provide any warranties or representations concerning:

– The continuous availability of this website, or its availability at all.

– The completeness, truthfulness, accuracy, or absence of misleading information on this website.

We shall not be held responsible or liable to you in any way, whether directly or indirectly related to the contents of this website, your usage thereof, or any other matter pertaining to this website. We do not assure or guarantee that this website, the information, content, materials, products (including software), or services offered through this website, as well as their respective servers or any electronic communication dispatched from us, are free from viruses or other harmful components.

All the contents provided on this website are meant for general information and use exclusively. They do not constitute advice and should not be relied upon for making decisions or refraining from making decisions. Any specific advice or responses to queries found on any part of this website represent the personal opinions of the relevant experts, consultants, or individuals and do not reflect the viewpoints of this website. Certain links present on this website may direct you to resources hosted on servers maintained by third parties over whom we have no control or affiliation, whether commercially related or otherwise. These external websites are beyond our endorsement or judgment, and we bear no responsibility or liability for the authenticity, availability of goods/services, or any damage, loss, or harm, whether direct or consequential, or any violation of local or international laws that may arise from your visits or transactions on these external websites.

Service Payment

While using any of the payment methods available on the Website, we shall not be held responsible or assume any liability for any loss or damage, whether direct or indirect, incurred by you due to:

– Lack of authorization for any transaction(s).

– Exceeding the preset limit mutually agreed upon by you and your respective bank(s).

– Any payment issues arising during the transaction.

– Decline of the transaction for any other reason(s).

All payments made for purchases/services on the Website must be made exclusively in Indian Rupees, which are acceptable in the Republic of India. The Website will not facilitate transactions involving any other currency for the purchases made on the Website. Before shipping or delivering your order, we or the seller may request supporting documents (including, but not limited to, government-issued ID and address proof) to confirm the ownership of the payment instrument used by you for the purchase. This is undertaken in the interest of providing a secure online environment for our users.

By accepting these Terms & Conditions of Use, you have explicitly authorized us and our service providers to electronically collect, process, facilitate, and remit payments and/or the Transaction Price to and from other users in respect of transactions through the Payment Facility. Your relationship with us is based on a principal-to-principal arrangement, and by agreeing to these Terms & Conditions of Use, you acknowledge that we act as an independent contractor for all purposes. We do not have control over or assume liability for the products or services listed on our Website that are paid for using the Payment Facility. We cannot guarantee the identity of any user, nor can we ensure that a buyer or seller will complete a transaction.

You understand, accept, and agree that the payment facility provided by us is neither a banking service nor a financial service. It serves as a facilitator, offering an electronic, automated online payment, receiving payment through Cash On Delivery, and a collection and remittance facility for transactions on the Website, utilizing the existing authorized banking infrastructure and Credit/Debit Card, Net banking payment gateway networks. Furthermore, by providing the Payment Facility, we do not act as trustees nor in a fiduciary capacity regarding the Transaction or the Transaction Price.

We reserve the right to impose limits on the number of Transactions or Transaction Price that we may receive from an individual valid Credit/Debit/Cash Card/Valid Bank Account, as well as any other financial instrument, whether directly or indirectly through a payment aggregator or any facility authorized by the Reserve Bank of India to provide enabling support for the collection and remittance of payments, or from an individual buyer during any specific time period. We also reserve the right to decline processing Transactions that exceed such limits.

Additionally, we reserve the right to refuse processing Transactions by users with a prior history of questionable charges, including but not limited to breaches of any agreements with us, violations of any laws, charges imposed by the issuing bank, or any policy breaches.

Compliance with Laws:

The User is required to adhere to all applicable laws, including but not limited to the Foreign Exchange Management Act, 1999, along with the rules and notifications issued thereunder, and the Exchange Control Manual as may be periodically issued by the Reserve Bank of India. Additionally, the User should comply with the Customs Act, Information Technology Act, 2000 (as amended by the Information Technology [Amendment] Act 2008), Prevention of Money Laundering Act, 2002, along with the respective rules. Furthermore, adherence to the Foreign Contribution Regulation Act, 1976, and its associated rules, the Income Tax Act, 1961, and related rules, as well as the Export Import Policy of the Government of India, is mandatory when utilizing the Payment Facility and the Website.

Buyer or User’s Arrangement with Issuing Bank:

All Valid Credit/Debit/Cash Cards and other payment instruments are processed through a Credit Card payment gateway or an appropriate payment system infrastructure. These processes are governed by the terms and conditions agreed upon between the User and their respective Issuing Bank and payment instrument issuing Company. Additionally, Online Bank Transfers from Valid Bank Accounts are processed using gateways provided by the respective Issuing Banks, which support the Payment Facility. These Online Bank Transfers are also subject to the terms and conditions agreed upon between the User and the respective Issuing Bank.

Indemnity:

You shall indemnify and hold Gomti Consultants and its owner, licensee, affiliates, subsidiaries, and group companies, along with their respective officers, directors, agents, and employees, harmless from any claim, demand, actions, or penalties imposed by any third party, including reasonable attorneys’ fees. Such claims or penalties may arise due to or in connection with your breach of this Terms & Conditions of Use, Privacy Policy, and other Policies, or your violation of any law, rules, or regulations, or the rights (including intellectual property rights) of a third party. You shall also indemnify, defend, and hold Gomti Consultants, its employees, agents, and affiliates, harmless from any third-party claim or liability arising out of any job posting, listing, or communication created by you.

Limitation of Liability:

In no event shall Gomti Consultants be liable for any damages, including but not limited to direct or indirect, special, incidental, or consequential damages, losses, or expenses arising in connection with this Terms & Conditions of Use, the Website, or any linked website or their use. This includes any interruption, defect, delay in operation or transmission, computer virus, or system failure. This limitation applies even if Gomti Consultants or its representatives have been advised of the possibility of such damages, losses, or expenses.

Applicable Law:

These Terms & Conditions of Use shall be governed by, interpreted, and construed in accordance with the laws of India. The exclusive place of jurisdiction shall be New Delhi.

Trademark, Copyright, and Restriction:

This Website, GoomHR.com, is controlled and operated by Gomti Consultants. All material on this Website, including images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, and other intellectual property rights. This material is intended solely for your personal, non-commercial use. You are prohibited from copying, reproducing, republishing, uploading, posting, transmitting, or distributing this material in any manner, including through email or other electronic means, directly or indirectly. You must not assist any other person or User in doing so. Modification of the materials, use of the materials on any other website or networked computer environment, or utilization of the materials for any purpose other than personal, non-commercial use is a violation of copyrights, trademarks, and other proprietary rights and is strictly prohibited. Any use that results in remuneration, whether in monetary form or otherwise, constitutes commercial use under the terms of this clause.

Trademark Complaint:

Gomti Consultants respects the intellectual property rights of others. If you believe that your Trademark has been infringed, please contact us at Legal@GoomHR.com.

E-mail Abuse & Threat Policy:

Private communication, including email correspondence, is not regulated by Gomti Consultants. However, we strongly encourage our Users to maintain professionalism, courtesy, and respect when communicating via email. While we do not actively monitor private communication, we investigate and take action on certain types of unwanted emails that violate our policies. These instances include:

– Threats of Bodily Harm: Users are prohibited from sending explicit threats of bodily harm.

– Misuse of Our System: Users are allowed to facilitate transactions through our system, but misuse of this service will be investigated.

– Spoof (Fake) Email: Gomti Consultants will never ask you to provide sensitive information through email, message, or call. If you receive any spoof (fake) email, please report it to us through the ‘Contact Us’ tab.

– Spam (Unsolicited Commercial Email): Our spam policy applies solely to unsolicited commercial messages sent by Users. Users are not allowed to send spam messages to other Users.

– Offers to Buy or Sell Outside of the Website: Gomti Consultants prohibits email offers to buy or sell listed products outside of the Website, as such offers pose a potential fraud risk to Users. Violations of this policy may result in various actions, including limits on account privileges, account suspension, cancellation of listings, loss of special status, and other measures.

Other Businesses:

Gomti Consultants does not take responsibility or liability for the actions, products, content, and services offered on the Website, which are linked to affiliates and/or third-party websites using Website’s APIs or otherwise. The Website may also provide links to third-party websites of our affiliated companies and certain other businesses. We assume no responsibility for examining or evaluating the products and services offered by them. We do not warrant the offerings of any of these businesses or individuals or the content of such third-party websites. Our endorsement or association with third-party websites is expressly disclaimed.

Contact Us:

Please feel free to contact us for any questions or comments related to this Website, Terms and Conditions Policy, including inquiries unrelated to copyright infringement.

Email Id – Legal@GoomHR.com