PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS OUT THE TERMS UNDER
WHICH rojgari OFFERS YOU USE OF ITS SERVICES AS DEFINED IN CLAUSE
1.1 OF THIS AGREEMENT BY MEANS OF rojgari (THE "WEBSITE"). BY USING
ANY OF THE SERVICES AND/OR THE WEBSITE YOU AGREE THAT YOU HAVE READ
AND ACCEPT THESE TERMS AND CONDITIONS AND THAT THEY SHALL APPLY TO
YOUR USE. IF YOU DO NOT WISH TO BE BOUND BY THEM, PLEASE DO NOT
REGISTER FOR OR USE THIS WEBSITE.
This Agreement is made between you and rojgari.
1. The Services
1.1 By means of the Website, rojgari makes available an on-line
recruitment and employment information service, where recruiters
place advertisements for positions which they have and if
interested you may submit responses to such positions (the
"Services").
1.2 Please note that when responding to recruiters you will be
dealing with them directly and as such any contracts and/or
arrangements will be formed between you and them, without rojgari
as a party and rojgari cannot be held liable for your use of or
any liability arising out of the same (save to the extent required
by law).
1.3 The Services are only available on the completion of the
registration section of the Website including confirmation that the
relevant terms and conditions have been read and accepted.
2. Use of the Website and the Services
2.1 The Website and the Services are for personal and
non-commercial use only. You may copy electronically and print
portions of the Website and/or the Services for your personal,
non-commercial use only. In particular, you may not use any
information from any directory or other listing or information
retrieval service (if any) made available on the Website and/or
the Services, in connection with any business or commercial
undertaking (whether or not for profit). Any other use of
materials on the Website and/or the Services (including without
limitation reproduction for a purpose other than that noted above
and any modification, distribution or republication) without the
prior written permission of rojgari is strictly prohibited. You
also agree not to deep-link and/or frame the Website or any of the
Services for any purpose, unless specifically authorised by
rojgari to do so.
2.2 You agree that you shall not use the Website or the Services
to transmit or knowingly or recklessly receive (or knowingly or
recklessly authorise or permit any other person to receive or
transmit) material which is obscene, threatening, menacing,
offensive, defamatory, abusive, untrue, in breach of confidence,
in breach of any intellectual property right (including copyright)
or which may cause anxiety to others including racist or sexist
content or material which otherwise violates any applicable law or
regulation or code, or which makes excessive demands for bandwidth
or contains any virus or which may otherwise impair or harm
rojgari's computer systems or any third party computer system.
2.3 By registering to use the Services pursuant to clause 1.3, you
automatically and hereby grant to rojgari a royalty free right to
display, copy, reproduce and make available on the Website and
otherwise deal with as necessary to provide to you the Services
any material and information which you may provide to rojgari
through your use of the Services.
2.4 Save to the extent required by law, no representations,
warranties or terms of any kind are made in respect of the Website
and/or the Services or their contents (including, without
limitation, any views or comment made). All information and/or
data included in and/or on the Website, the Services and/or in any
directory or other listings or information retrieval service made
available on or by the Website and/or the Services has been so
made available for guidance only. Your use of such information
and/or data is therefore entirely at your own risk. All liability
of rojgari, its directors, employees or other representatives
howsoever arising for any loss suffered as a result of your use of
the Website and/or the Services is expressly excluded to the
fullest extent permitted by law.
2.5 rojgari make no warranty that the contents of any and all
e-mails communicated through the Site are free from infection by
viruses or anything else which has contaminating or destructive
properties and shall have no liability in respect thereof.
2.6 The Website and/or the Services may include links to websites
and/or services owned and/or operated by third parties. These are
provided for your convenience only and rojgari is not responsible
for and does not give any warranties or make any representations
regarding any such websites and/or services and is not responsible
for or liable in relation to the content or your use of such
websites (save to the extent required by law).
2.7 You acknowledge that rojgari is not responsible for third
party content on the Website and that rojgari cannot ensure that
material presented on the Internet is legal. rojgari will not
limit access to material unless notified that it is illegal. In
particular, you acknowledge that rojgari is not responsible for
and does not monitor the content of job postings provided by third
parties on the Website. However, rojgari shall have the right to
remove any postings, materials or other items on the Website which
it believes may be illegal or which it determines to be
inappropriate.
2.8 rojgari will not be a party to any communications whatsoever
between you and those responding to any use which you may make of
the Services, although rojgari reserves the right to monitor any
such communications which are made by you or third parties by
means of the Website and/or the Services.
2.9 Intellectual Property Save to the extent permitted by this
Agreement, rojgari does not grant any licence or other
authorisation to use any of its trade marks, product names,
company names or logos or any of its copyright works or other
intellectual property rights by placing them on or making them
available by means of the Website or the Services.
3. Availability of the Website and the Service
rojgari does not promise full, uninterrupted or error free operation
of the Website and/or the Services. All liability of rojgari, its
directors or employees howsoever arising for any loss whatsoever
arising from your use of or inability to use the Website and/or the
Services is excluded, insofar as it is possible to do so in law.
4. Registration
Where you are asked to complete a registration form the personal
details that you provide must be true, accurate and complete. You
agree to notify us of any changes which are relevant to your
registration.
5. Data Protection and Use of Personal Information
Your personal data will be collected and processed by rojgari in
accordance with its privacy policy. The personal data collected
may include, without limitation, your name, address, telephone and
fax details, email contact address, and other data obtained from
you from time to time.
Information may be gathered from your registration form(s) and
your use of the Sites and/or the Interactive Services including
through "cookies". Cookies are blocks of text placed in files on
your computer's hard drive when you visit a web site which contain
information to identify you. A cookie does not contain any
personal information you have provided us with, except your user
name, unless the cookie attached to personal information collected
another way, such as by means of your on-line registration form.
The information gathered may be used by Rojgari services private
limited and companies in the same group as Rojgari services
private limited (ie companies which share the same ultimate parent
company) internally, for purposes relating to your use of the
Sites and the Interactive Services and for marketing activities,
and may be passed to carefully selected third parties to use for
marketing activities. By marketing activities, we mean the
communication directly to particular individuals (by e-mail, post
or telephone) of any advertising or marketing material. If you do
not wish to receive marketing material from Rojgari services
private limited, from companies in the same group as Rojgari
services private limited or from carefully selected third parties
you should tick the appropriate box on the registration form(s) or
notify us by e-mail. If you subsequently decide you no longer wish
to receive direct marketing/information from Rojgari services
private limited or companies in the same group as Rojgari services
private limited or no longer wish us to pass your information to
third parties you should again notify us by e-mail.
Other than as set out elsewhere in this clause 5 your information
shall not be disclosed or used by us. You hereby agree to these
terms in this clause 5 by your agreement to the terms and
conditions of this Agreement.
6. Termination
rojgari may terminate, suspend or deny you access to the Website
and/or Services immediately for any reason without incurring any
liability whatsoever to you.
7. Claims
You agree to indemnify rojgari and all companies within the
rojgari group for all losses, costs, actions, claims, damages,
expenses (including reasonable legal costs and expenses) or
liabilities, whatsoever suffered or incurred by rojgari or
companies within the Trinity Mirror plc group in or as a
consequence of your breach of this Agreement and/or your use of
the Website and/or Services (save to the extent that a court of
competent jurisdiction holds that such a claim arose due to an act
or omission of rojgari).
8. Force Majeure
Neither party shall be liable to the other, for any loss or damage
which may be suffered by the other party due to any cause beyond
the first party's reasonable control including without limitation
any power failure.
9. Notices
Any notices shall, unless otherwise expressly stated, be in
writing and shall be given by sending the same by e-mail, first
class post, or facsimile transmission to the other party's address
as may be designated in writing from time to time. Any notice sent
by first class post shall be deemed (in the absence of evidence of
early receipt) to have been delivered two days after dispatch. Any
notice given by e-mail or facsimile transmission shall be deemed
to have been delivered on the next working day following
transmission.
10. Assignment
10.1 This Agreement shall be personal to you and you may not
assign, transfer, sublet, lease or delegate all or any of your
rights and obligations, without rojgari's prior written consent.
10.2 rojgari reserves the right to assign or transfer all or any
of its rights and obligations under this Agreement to any
companies in the same group as Trinity Mirror plc or any other
third party. In the event of assignment or transfer, notification
will either be given to you by e-mail or posted on the Website.
11. No Waiver
Failure or neglect by either party to exercise or enforce any
right conferred shall not be deemed to be a waiver of any such
right nor operate so as to bar that exercise or enforcement
thereof or of any other right on any later occasion
12. Severability
If any provision of this Agreement or part thereof is determined
to be invalid, unlawful or unenforceable, such provision, or part
thereof, shall be severed from the remaining terms, conditions and
provisions which shall continue to be valid and enforceable to the
fullest extent permitted by law.
13. Variation of Terms
13.1 This Agreement (together with any variations to it pursuant
to clause 13.2) constitutes the entire agreement between the
parties in respect of its subject matter.
13.2 rojgari reserves the right to vary this Agreement from time
to time. Such changes shall either be notified to you by e-mail or
posted on the home pages of the Website. Changes in this manner
shall be deemed to have been accepted if you continue to use the
Website and/or the Services after a period of two weeks from the
date of transmission of the e-mail or of posting on the home pages
of the Website, whichever occurs later.
14. Law and Jurisdiction
This Agreement shall be governed by the laws of Nepal and you
hereby submit to the exclusive jurisdiction of the Nepal courts.