TERMS OF USE:

Acknowledgement and the Acceptance of the Terms and Conditions :

The terms and conditions appearing hereafter comprise the entire contract between the User (as defined below) and the Firm (as defined below) and supersede all prior contracts between the parties regarding the subject matter contained herein. By completing the registration process and/or clicking the “I accept” button, you are indicating your contract to be bound by all of the terms and conditions of the Firm as appearing below.

In this contract the following expressions shall have the following meanings defined below:

§      "Contract” Is defined as the completed application form and its attachment(s) and the terms and conditions herein and is deemed to have been executed at Ahmedabad

§      “Commencement Date” Is defined as the date specified by the Firm in its notice to the User either through email and/or conventional mail indicating the acceptance of the application by the User to the Service.

§      ”User” Is defined as an individual or corporate subscriber for the Services and the signatory, whose particulars are contained in the registration form and includes his successors and permitted assignees.

§      “E-Services” Is defined as the services to be provided by the Firm to the User at bsmms.com including the provision of facilities for the following:-

1.    A User who wishes to make of posting of resume or curriculum vitae for the purpose of seeking employment

2.    A User who wishes to secure recruitment through bsmms.com and its Internet links.

3.    A User who wishes to insert advertisements at bsmms.com.

4.    User who wishes to receive advertisements and promotional messages on and through emails.

§      “Career Kit” Is defined as the information and description of the Services for the User from time to time provided by the bsmms.com in  user’s email

§      “Registration Data” Is defined as all particulars and information of the User requested on initial application and subscription, including but without limiting to the User’s name, mailing address, email address, account and telephone number.

Service

·     The Service shall commence on the Commencement Date.

Fees

·     The  fees for the Services shall be at the applicable rate indicated in the rate card or such other rates as may be prescribed by the BSMMS.com from time to time. (“Registration Fees”).

·     Liability for the Registration Fees shall accrue from the Commencement Date.

Payment Mode

Terms of Payment

·      50% in advance & 50% at the time of activation of account in the form of DD/Cheque/Cash Deposit in UTI Bank

·       To subscribe to our services, send us details of your vacancies with your payment favouring  “bsmms.com” to our offices.

·      The User is solely responsible for the accuracy of the Registration Data given to the BSMMS.com on initial application for the Service.

·      The User is responsible for the set-up or configuration of his equipment for access to account.

·      The User will comply with all notices or instructions given by the BSMMS.com from time to time in respect of the use of the Service.

·      The User shall be solely responsible for all information retrieved, stored and transmitted through the Service by him.

·      The User is solely responsible for the maintenance of confidentiality of and the User’s password and user identification and all activities and transmission performed by the User through his account.

·      The User will immediately notify the BSMMS.com of any un-authorized use of the User’s account or any other breach of security known to the User.

Prohibited Use

·      User will not to allow any person other than the authorized person(s) named in the application form to use the Service.

·      The User shall not to share the Service with any person without the prior written approval of the BSMMS.com and shall use the Service only for the purpose for which is subscribed.

·      The User shall not to use the Service for any unlawful purpose including without limitation criminal purposes.

·      The User shall not to use the Service to send or receive any message, which is offensive on moral, religious, racial or political grounds or of an abusive, indecent, obscene, defamatory or menacing nature.

·      The User shall be prohibited in persistently sending messages or make postings on bsmms.com to any other User or third party who access bsmms.com without reasonable cause or for causing any threat, harassment, annoyance, inconvenience or anxiety to any person.

·      The User is prohibited to introduce, post or transmit any information or software, which contains a virus, worm or other harmful component into the internet or bsmms.com network system.

·      The User will take all such measures as may be necessary (including without limitation changing his password from time to time) to protect the secrecy of his user Identification and/or password and shall not reveal the same to any other person(s).

·      The User acquires no rights to any mailbox number, the user identification, circuit reference and any codes assigned to him by the BSMMS.com and except as otherwise proved herein, the BSMMS.com reserves the right to change or re-assign the same to the User at its sole discretion without being liable to the User in damages or otherwise.

·      In the event of theft or loss of user identification, password or security word, the User must notify the BSMMS.com immediately by telephone and concurrently provide the BSMMS.com with a written notice to that effect. The User shall remain liable for use of the Services by any third party until such theft or loss is notified to the BSMMS.com.

·      The password and username being made available to the customer shall be used only by the organization and the employee of the organization. Subscriber will take all necessary pre-cautions to prevent un-authorized access or leakage of username and password being used by the subscriber.

·      The user shall not use any software to automatically download or extract either a complete or partial resume from bsmms database without prior consent from bsmms  in writing.

Maintenance of Service

·      The BSMMS.com may at any time deactivate or suspend the User’s access to bsmms.com and/or the Services (as the case may be) without notice to carry out system maintenance, upgrading, testing, repairs and other related work. Without prejudice to the other provisions of this contract, the BSMMS.com shall not be liable for any loss and damage, costs and expense that the User may suffer or incur, and no fees or charges payable by the User to the BSMMS.com shall be deducted, refunded or rebated, as a result of such deactivation or suspension.

Disqualification of service

·      Either party to this agreement may terminate this Agreement by giving prior notice in writing of 30 days.

·      The BSMMS.com may in its sole discretion waive or accept in writing a shorter period of notice from the User

·      (a) if in the opinion of the BSMMS.com, the User has breached any of the  terms  or conditions of this agreement.

(b) if, in the opinion of the  BSMMS.com  or  any  regulatory authority,  it  is  not  in the public interest to continue providing the Service to the User for any reason.

 
(c) if the User is declared a bankrupt or the User enters into any compromise or arrangement with its creditors.

Suspension of Service

·      Without prejudice to any other rights or remedies of the BSMMS.com, the BSMMS.com may suspend the Service provided by the BSMMS.com in the event that any monies payable by the User are not paid.

·      Upon suspension, the Service shall be deemed to be terminated from the date stipulated by the BSMMS.com and the User shall be liable for all charges and fees incurred up that date.

 Disclaimer

·      The BSMMS.com shall not be liable for any loss of information howsoever caused whether as a result of any interruption, suspension, or termination of the Service or otherwise, or for the contents, accuracy or quality of information available, received or transmitted through the Service.

·      The User shall be solely responsible, and the BSMMS.com shall not be liable in any manner whatsoever, for ensuring that in using the Service, all applicable laws, rules and regulations for the use of systems, service or equipment shall be at all times complied with.

·      The BSMMS.com makes no representations and warranties of any kind, whether expressed or implied, for the Services and in relation to the accuracy or quality of any information transmitted or obtained through the Services or bsmms.com.

·      The BSMMS.com liability under this contract shall not in any event exceed the total amount of fees and charges paid by the User to the BSMMS.com for the period immediately preceding three (3) months prior to the incident giving rise to the relevant claim.

·      The BSMMS.com shall not be liable for any loss or damages sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the User's account and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed.

·      The BSMMS.com does not warrant that any of the web sites linked to bsmms.com be free of any operational errors nor that it will be free of any virus, worm, or other harmful component.

·      The User acknowledges that it is not the BSMMS.com’s policy to exercise editorial control over and to edit or amend any data or contents of any emails or posting or any information that may be inserted or made available or transmitted to a third party in or through bsmms.com. The BSMMS.com may refuse, suspend, terminate, delete or amend any artwork, materials, information or content of any data or information or posting so as, in the sole opinion of the BSMMS.com, to comply with the legal or moral obligations as placed on the BSMMS.com and to avoid infringing a third party’s rights or any other rules, standards or codes of practices that may be applicable to the posting or bsmms.com or the internet.

Agree order of using data

The User hereby agrees and irrevocably authorizes the BSMMS.com to:

·     Use any data and information supplied by the User in connection with this contract for the BSMMS.com’s own purpose, to the BSMMS.com supplying such data and information to any other associated companies or selected third parties.

·     Allow all data and information supplied by the User in using the Service to remain at bsmms.com for the use of the BSMMS.com in accordance with service contrqact with the user, notwithstanding the termination or suspension of the Service to the User herein. Unless the User informs the BSMMS.com to delete all such data and information following the termination or suspension of the Service to the User, such data and information remain in the BSMMS.com’s property, records and databases.

Confidentiality

·     Both parties hereby agree also agree that they shall use all reasonable efforts to prevent their employees, officers, agents and consultants from so acting, except where the prior written consent of the other party is obtained or where required to be disclosed pursuant to any applicable law or legal process issued by any court or the rules of any relevant regulatory body.

·     The BSMMS.com maintains a policy of strict confidentiality of all data and information submitted by the User and the BSMMS.com

·     The User is entitled to access to his own data and information stored in the database at bsmms.com (subject to prior confirmation of identity) and may edit or amend such data and information at any time.

·     The copyright, know how or any other related intellectual property to the System or bsmms.com shall be the sole and exclusive property of the BSMMS.com. In the event the User has contributed any content to bsmms.com in any manner whatsoever, the intellectual property of the same shall stand automatically assigned to the BSMMS.com and the User shall have no right or claim over the same. In the event the User during the term of his agreement or any time thereafter, uses such intellectual property in any other website or related activity, the same can be construed to be an infringement of the intellectual property belonging to the BSMMS.com and the BSMMS.com shall have the right to legal recourse in this regard.

·     The BSMMS.com reserves the right to amend the terms and conditions contained herein and in the Services Guide at any time upon notice (in such form as may be determined by the BSMMS.com) to the User.

·     The Terms and Conditions of this contract will be updated from time to time and posted at bsmms.com. The User should visit the site periodically to review the Terms and conditions. For the avoidance of doubt, the User's continued use of the Service constitutes an affirmation and acknowledgement of the amended terms and conditions.

Modification Mode

·     The BSMMS.com reserves the right to modify or discontinue the Service with or without notice to the User. The BSMMS.com shall not be liable to the User or any third party should the BSMMS.com exercise its right to modify or discontinue the Service.

Subject to Ahmedabad Jurisdiction