Terms and Conditions
The following expressions shall have the following meanings in the Agreement defined below:
- Agreement: is defined as the completed registration form and its requisite attachment(s) and the terms and conditions herein and is deemed to be have executed at Nepal.
- Company: is defined as CMS Nepal Pvt. Ltd., a private limited company and having its office at putalisadak, Kathmandu, which owns www.cmsjob.com.
- Date of Activation: is defined as the date specified by the cmsjob.com in its notice to the User either through email indicating the approval to the User's registration and permission to access the Service.
- Expiry Date: is defined as the expiry date of the notice of termination of the services.
- Member: is defined as an individual or corporate subscriber for any of the Services and the signatory, whose details are contained in the application form, and includes his successors and permitted assignees.
- Services: is defined as the services to be provided by the Company to the User at cmsjob.com including the provision of facilities for the following:
- A Member who wishes to post a resume to seek employment
- A Member who wishes to secure recruitment at cmsjob.com
- A Member who wishes to advertise at cmsjob.com
- Registration Data: is defined as all the information and particulars of the Member requested on initial application and subscription, including but without limiting to the Member's name, mailing address, email address, account and telephone number.
The words can be used either in the singular or plural sense and those implying one gender shall also include the other.
Rates to the recruiter
- The subscription rates for the Services shall be at the price indicated in the Rate List/package or the Company may prescribe such other rates from time to time.
- Liability for the Subscription Fees shall occur from the Date of Activation.
- The Employer, who is liable to pay Subscription Fees, shall pay it on demand even if the Member disputes the same for any reason.
- In the event that the Company deciding the dispute to be in the Member's favor, the Company shall refund to the Member any excess amount paid by the Member free of interest.
- In the event of late payment by the Member of any sums due under this Agreement, the membership and the services would stand terminated.
Commencement of Service
- The Service shall commence on the Date of Activation after we have received the necessary payment.
- The Member is solely responsible for the accuracy of the Registration Data given to the Company in the application for membership in order to use the Service.
- The Member is responsible for the set-up or configuration of all the necessary equipment required accessing the Service.
- The Member will comply with all notices or instructions given by the Company from time to time in respect of the use of the Service.
- The Member shall be solely responsible for all information retrieved, stored and transmitted through the Service by him.
- The Member is solely responsible for the maintenance of confidentiality of the login information.
- This would include the Member's password and Member Username and all activities and transmission performed by the Member at cmsjob.com
- The Member will immediately notify the Company of any unauthorized use of the Member's account or any other breach of security known to the Member.
- The Member will take all such measures as may be necessary (including without limitation changing his password from time to time) to protect the secrecy.
Proprietary Rights in Content on cmsjob.com
- com owns and retains other proprietary rights in the site as well as the services. The Site contains the copyrighted material, trademarks, and other proprietary information of cmsjob.com .You may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information, except for that information which is in the public domain or for which you have been given permission.
- The Member will not allow any person other than the authorized person(s) named in the application form to use the Service.
- The Member shall use the Service only for the purpose for which it is subscribed.
- The Member shall not use the Service for any unlawful purpose including without limitation criminal purposes.
- The Member shall not use the Service to send or receive any message, which is offensive on moral, religious, racial or political grounds or of an offensive, vulgar, obscene, malicious or menacing nature.
- The Member shall be prohibited in persistently sending messages or make postings on cmsjob.com to any other Member or third party who access cmsjob.com without reasonable cause or for causing any peril, harassment, annoyance, irritation or anxiety to any person.
- The Member is prohibited to introduce post or transmit any information or software, which contains a virus, worm or other harmful components into the Internet or cmsjob.com network system.
- The Member will not breach any intellectual property rights of any person or retain information in any computer system or otherwise with such intention.
In the event of a violation of any of the above-mentioned covenants by the Member, and same comes to the Company's knowledge, the Company shall have the right to delete any material relating to the violations without prior notice to the Member. The Company shall issue a warning to the Member to discontinue any activity, which leads to the said violations, and in the event, the Member continues with such activity, the Company has the sole authority to terminate or suspend the membership at cmsjob.com and/or any other related facility. In addition to the right to indemnity available to the Company, the Company shall have the right to any legal remedy, against the Member to recover the loss suffered by the Company and the harm caused to the goodwill of the Company, due to such violation by the Member.
- You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the cmsjob.com service in a way that constitutes copyright infringement, please provide our Copyright Agent with 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 our Site; your address, telephone number, and email address; a written 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. Copyright cmsjob.com. Agent for Notice of claims of copyright infringement can be reached by writing to the address located under the Contact Us section on the site.
Maintenance of Service
- The Company may at any time deactivate or suspend the Member's access to cmsjob.com and/or the Services (as the case may be) without any prior notice in order to carry out system maintenance, upgrading, testing, repairs and other related work. Without prejudice to the other provisions of this Agreement, the Company shall not be liable for any loss and damage, costs and expense that the Member may suffer or incur, and no fees or charges payable by the Member to the Company shall be deducted, refunded or rebated, as a result of such deactivation or suspension.
Modification to Service
- The Company reserves the right to modify or discontinue the Service with or without notice to the Member. Save for paid service, a pro-rated refund shall be affected for the remaining unused period.
- The Company shall not be liable to the Member or any third party should the Company exercise its right to modify or discontinue the Service.
Suspension of Service
- Without prejudice to any other rights or remedies of the Company, the Company may suspend the Service provided by the Company in the event that any dues payable by the Member are not paid.
- Upon suspension, the Service shall be deemed to be terminated from the date stipulated by the Company and the Member shall be liable for all charges and fees incurred until that date.
- Upon subsequent payment by the Member of the required payment as per the Company's demands, the Company may at its sole discretion and subject to such terms as it deems proper, reconnect the Service.
- com reserves the right to block the job posted by the Member in case, any of the following is found:
- Objectionable Contents includes:
-Offensive, abusive, threatening, obscene, defamatory or libelous materials.
- Multiple Profiles includes: A job opening would cater to a single requirement only. The Member is being allowed to post a single requirement in multiple categories, however, only a single profile is allowed for each job opening.
- Contact Information includes: Any email address, phone numbers, postal address and any other means of contact material is prohibited in job details.
Termination of Service
- The Company may terminate this Agreement with immediate effect, without prior notice to the Member and without further prejudice to all other rights:
- If in the opinion of the Company, the Member has breached any of the terms or conditions of this agreement.
- If, in the opinion of the Company or any regulatory authority, it is not in the public interest to continue providing the Service to the Member for any reason.
- If the Member is declared bankrupt or the Member enters into any compromise or arrangement with its creditors.
The following could be deemed as the reason for the termination of the services:
- Harasses or advocates harassment of another person.
- It is patently offensive to the online community, any such content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
- Involves unsolicited mass mailing or "spamming", the transmission of "junk mail", "chain letters"
- Promotes any information that is misleading, is false or that promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous
- Promotes unauthorized or an illegal copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices
- Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page)
- Displays pornographic or obscene or sexually explicit material of any kind
- Provides any kind of instructional information about illegal activities such as violating someone's privacy, making or buying illegal weapons, or providing or creating computer viruses, or hacking
- Solicits passwords or personal identifying information for commercial or unlawful purposes from other users
- com also reserves all rights to suspend or terminate the services if found the services are not being used as per the mentioned instructions or the case may be.
- The Company 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 Member shall be solely responsible, and the Company 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 Company 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 of cmsjob.com
- The Company's liability under this Agreement shall not, in any event, exceed the total amount of fees and charges paid by the Member to the Company for the period immediately preceding two (2) months prior to the incident that has resulted in the relevant claim.
- The Company shall not be liable for any loss or damages sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the Member's account and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed.
- The Company does not warrant that cmsjob.com or any of the web sites linked to cmsjob.com be free of any operational errors or that it will be free of any virus, worm, or other harmful components.
- The Member acknowledges that it is not the Company'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 cmsjob.com. The Company 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 Company, to comply with the legal or moral obligations as placed on the Company 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 cmsjob.com or the internet
Use of Data
The Member hereby agrees and irrevocably authorizes the Company to:
- Use any data and information supplied by the Member in connection with this Agreement for the Company's own purpose, to the company supplying such data and information to any other associated companies or selected third parties.
- Use any data furnished by the Member in order to float offers or send emails regarding specific services and such emails may not be proclaimed or deemed to be unsolicited communiqué.
- Allow all data and information supplied by the Member in using the Service to remain at cmsjob.com for the use of the Company in accordance with the service agreement with the Member, notwithstanding the termination or suspension of the Service to the Member herein. Unless the Member informs the Company to delete all such data and information following the termination or suspension of the Service to the Member, such data and information remain the Company's property, records and databases.
- Both parties hereby agree not to divulge neither communicate to any person (other than those whose province it is to know the same) nor use or exploit for any purpose whatsoever (other than that contemplated in this Agreement) any confidential information, which may or may have come to his knowledge by reason of or in connection with this Agreement. 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 Company maintains a policy of strict confidentiality of all data and information submitted by the Member and the Company shall not release such data and information to any persons without the prior consent of the Member.
- The Member is entitled to access to his own data and information stored in the database at cmsjob.com (subject to prior confirmation of identity) and may edit or amend such data and information at any time.
- Members need to be aware that when they voluntarily reveal identification oriented information (name, e-mail address) in chat and bulletin board areas, such information may be collected by a third party resulting in unsolicited messages from third parties. Such interaction is beyond the control and liability of cmsjob.com
- The copyright, know how or any other related intellectual property to the Service or cmsjob.com shall be the sole and exclusive property of the Company. In the event the Member has contributed any content to cmsjob.com in any manner whatsoever, the intellectual property of the same shall stand automatically assigned to the Company and the Member shall have no right or claim over the same. In the event the Member 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 Company and the Company shall have the right to legal recourse in this regard.
- The Company 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 Company) to the Member.
- The Terms and Conditions of this agreement will be updated from time to time and posted at cmsjob.com. The Member should visit the site periodically to review the Terms and Conditions. For the avoidance of doubt, the Member's continued use of the Service constitutes an affirmation and acknowledgment of the amended terms and conditions.
- You are solely responsible for your interactions at cmsjob.com and cmsjob.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
- In case of any dispute, you agree by using the site that cmsjob.com would consider and intend to be subject only to the applicable laws in force for the time being in Nepal and to the jurisdiction of courts located in Nepal alone.
Limitation of Liability
- com shall not be liable for any loss or damage of any sort arising out of the use and/or temporary or permanent discontinuation of its services. Notwithstanding anything to the contrary contained herein, cmsjob.com, liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to cmsjob.com for the Service during the term of membership.
Governing Law and Jurisdiction
- This Agreement and any dispute or matter arising from incidental use, cmsjob.com is governed by the laws of Nepal.
This Agreement, accepted upon use of the Site and further affirmed by becoming a Member of the cmsjob.com service, contains the entire agreement between you and regarding the use of the Site and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.