Babajob.com Terms of Use

This document is published in accordance with the provisions of Rule 3 (1) of Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.babajob.com website.

The domain name www.babajob.com (hereinafter referred to as "Website") owned and managed by Babajob Services Private Limited, a private limited company, incorporated and existing under the laws of India and having its registered office at 9th Floor, Prestige Towers, FM Kariappa road, Santala Nagar, Ashok Nagar, Bengaluru, Karnataka 560025 (hereinafter referred to as "Babajob").

Your use of the Website and services and tools are governed by the following terms conditions ("Terms of Use") as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If You transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with Babajob and these terms and conditions including the policies constitute your binding obligations, with the Website.

For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a User of the Website by providing Registration Data while registering on the Website as Registered User using the computer systems. This Website allows the User to surf the Website or make purchases by registering on the Website. The term "We", "Us", "Our" shall mean Babajob.

When You use any of the services provided by Us through the Website, including but not limited to job postings, resume services etc. You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING.

By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by the Policies of this Website (including but not limited to Privacy Policy available on privacy policy) as amended from time to time.

1. Membership Eligibility - Use of the Website is available only to persons who can form legally binding contracts 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 Babajob Website and shall not transact on or use the Website. As a minor if You wish to use or transact on Website, such use or transaction may be made by your legal guardian or parents on the Website. Babajob reserves the right to terminate your membership and / or refuse to provide You with access to the Website if it is brought to Babajob's notice or if it is discovered that You are under the age of 18 years.

2. Your Account and Registration Obligations - If You use the Website, You shall be responsible for maintaining the confidentiality of display name and password and you shall be responsible for all activities that occur under your Display Name and Password.

  1. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide You with access to the Website. Such act on your part can accrue legal implications due to violation of laws not limited to criminal liability on your part.

  2. The User agrees to indemnify Babajob for all losses incurred by it due to any false, distorted, manipulated, defamatory, libelous, vulgar, obscene, fraudulent or misleading facts or otherwise objectionable averments made by the User on the network of Babajob.

  3. The User shall immediately notify the Babajob of any unauthorized use of the User's account or any other breach of security known to the User.



3. Platform for Transaction and Communication The Website is a platform that Users utilize for taking services with respect to services provided by Babajob and interact with one another for their transactions. Babajob is not and cannot be a party to or control in any manner any transaction between the Website's Users.

4. Obligation of User/Subscriber - The accuracy of the Registration Data given to the Babajob on initial application for the Service shall be the sole responsibility of the User.

  1. The User confirms that he has obtained all licences and permits which are necessary for posting and uploading a job listing on the Babajob's Website. He indemnifies and agrees to keep the Babajob indemnified against all demands, claims and damages which may arise out of the said job posting.

  2. Any licenses, permits, consents, approvals and intellectual property or other rights as may be required for using the Service shall be obtained by the User at his own cost.

  3. The User will ensure compliance with all notices or instructions given by the Babajob from time to time to enable the use of the Service.

  4. The User understands and agrees that User is responsible for the payment of all applicable taxes and for all costs that are incurred in using the Website's service.

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

  6. The User understands and agrees that he/she shall at all times comply with the requirements of Information Technology Act 2000 as well as all rules, regulations, guidelines, by-laws and notifications made thereunder.

  7. The User shall promptly make the payment to the Babajob towards the Subscription Fees as and when it becomes payable.

  8. The User shall be responsible for the set-up or configuration of his equipment for accessing any Service.

  9. The User will indemnify Babajob for any action or claim committed/made by any third party resulting from any information posted on the site by the User or/and anybody else on his behalf.



5. Prohibited User Actions

  1. User is restrained from allowing any person other than the authorised person(s) named in the Order form to use the Service.

  2. The User undertakes not to resell, share or assign his/her rights or obligations under any conditions, unless explicitly agreed by Babajob.

  3. The User shall use the Service only for the purpose for which it is subscribed.

  4. The User shall comply with all applicable laws (and shall not contravene any applicable law) of India relating to the Services, including any regulation made pursuant thereto.

  5. The User shall not print, download, duplicate or otherwise copy, delete, vary or amend or use any data or personal information posted by any User on the Website except such data and information which are posted by the particular User himself.

  6. User is prohibited from uploading multiple resumes of the same User/Individual using same or different accounts. Babajob reserves the right to remove any or all such resumes without further notice.

  7. The Service shall not be used to send or receive any message, which is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, racial discrimination, ethnically objectionable, disparaging, relating or encouraging money laundering, gambling, providing or seeking political views, offensive on moral, religious, or otherwise unlawful in any manner whatever.

  8. The User shall not infringe on any intellectual property rights of any person or/and retain information in any computer system or otherwise with an intention to do so.

  9. You agree that You shall not host, display, upload, modify, publish, transmit, update or share any information on the Site, that —

    1. belongs to another person and to which You do not have any right to.

    2. harm minors in any way.

    3. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.

    4. impersonate another person.

    5. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.

    6. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

    7. Any Content and/ or comment/information uploaded by User/You on the Site which is non-compliant with The Information Technology Act, 2000, Rules and regulations, guidelines made thereunder, User agreement and privacy policy, as amended/re-enacted from time to time, for access or usage of Babajob's Services/Site/computer resource, the Babajob has the right to immediately terminate the access or usage rights of the User to the said Services and Site and remove/disable all information including the non- compliant information. Furthermore, the Babajob shall have the right to take recourse to such remedies as would be available to the Babajob under the applicable laws.

In case of non-compliance of the foregoing, the access of such users to the Site shall be immediately terminated.

In the event that the User breaches any of the above mentioned covenants, Babajob shall have the right to delete any material relating to the violations without prior notice to the User. Babajob shall issue a warning to the User to discontinue any activity which leads to the said violations and in the event the User continues with such prohibited activity, the Babajob reserves the unilateral right to suspend or/and deactivate the User's access to Website and to forfeit any amounts paid by him. In addition to the right to indemnity available to the Babajob, the Babajob shall have the right to any legal remedy, against the User to recover the loss suffered by the Babajob and the harm caused to the reputation of the Babajob, due to such violation by the User.

The Users shall avail of the Babajob.com or any other related site for lawful purposes alone. Transmission or/and distribution or/and storage of material or/and conduct in violation of any applicable local or/and state or/and Central or/and foreign law or/and regulation is prohibited. This includes without limitation any unauthorized use of material protected by patent or/and copyright or/and trademark or/and other intellectual property right, material that is obscene or/and defamatory or/and libelous or/and constitutes an illegal threat, or/and violates rights of privacy or publicity, or/and violates export control laws. The User may use the information on our site only to the extent necessary to facilitate Babajob.com related transactions.

6. Database Access Terms

  1. You shall use the Babajob Database Access as provided in these Terms and in any contract You have with Babajob . You shall use the Babajob Database in accordance with all applicable privacy and data protection laws, and You agree You shall not further disclose any of the data from Babajob Database Access to any third party, unless You are an authorized recruitment agency, staffing agency, advertising or other agency or using the resume explicitly for employment purposes.

  2. You shall take appropriate physical, technical, and administrative measures to protect the data You have obtained from Babajob Database Access from loss, misuse, unauthorized access, disclosure, alteration or destruction. You shall not share Babajob Database Access seat-based license login credentials with any other party, nor share Resume Database pay-per-view license login credentials with any party.

  3. The User is hereby prohibited from charging any fee from the candidates in any manner, whose data is available on Babajob.com for processing job application of such person.

  4. The Babajob.com strongly opposes SPAM, which floods the Internet with unwanted and unsolicited email and deteriorates the performance and availability of the Babajob.com service. All forms of SPAM, or any other activities that have the effect of facilitating SPAM, are strictly prohibited.

  5. Babajob.com also prohibits the use of another Internet service to send or post SPAM to drive visitors to your site hosted on or through Babajob.com systems, whether or not the messages were originated by you, under your direction, or by or under the direction of a related or unrelated third party.

  6. In order to ensure a safe and effective experience for all of our customers, Babajob reserves the right to limit the amount of data (including resume views and downloads) that may be accessed by You in any given time period. These limits may be amended in Babajob’s sole discretion from time to time.



7. Job Posting Terms

  1. All the Job Postings go through a quality test and once passed the quality parameters they go live on Babajob, A Job posting may not contain:

    1. job locations that are based outside of India. Companies based out of India are also not allowed to post job openings for positions outside of the country.

    2. any hyperlinks, other than those specifically authorized by Babajob Quality team

    3. the names, logos or trademarks of unaffiliated companies other than those of your customer save where expressly agreed by Babajob

    4. more than one job or job description, more than one location, or more than one job category, unless the product so allows inaccurate, false, or misleading information

    5. Material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18

  2. You may not use Your Babajob job posting to:

    1. post jobs in a manner that does not comply with applicable local, national and international laws, including but not limited to laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property

    2. post jobs that include any screening requirement or criterion in connection with a job posting where such requirement or criterion is not an actual and legal requirement of the posted job

    3. post jobs or other advertisements for competitors of Babajob or post jobs or other content that contains links to any site competitive with Babajob

    4. sell, promote or advertise products or services

    5. post any franchise, pyramid scheme, "club membership", distributorship, multi-level marketing opportunity, or sales representative agency arrangement

    6. post any business opportunity that requires an upfront or periodic payment or requires recruitment of other members, sub-distributors or sub-agents

    7. post any business opportunity that requires an upfront or periodic payment or requires recruitment of other members, sub-distributors or sub-agents

    8. advertise sexual services or seek employees for jobs of a sexual nature

Babajob reserves the right to remove any job posting or content from any Babajob Site, which in the reasonable exercise of Babajob’s discretion, does not comply with the above Terms, or if any content is posted that Babajob believes is not in the best interest of Babajob.

8. Logo & Banner Terms - Babajob allows you to display your company Identity on its allocated places which is including but not limited to following clauses -

  1. A User can not display a logo or a banner unless it is owned by them. Any usage of third party banner or logo is prohibited on Babajob

  2. Designs of specified Media shall be provided by the users, Babajob is not responsible for creating artworks for Logo and Banners.

  3. Under any condition babajob does not guarantee a minimum click rate or conversion ratio from a displayed media property.

  4. All the logo and media properties shall be supplied / agreed by the user in written form

  5. All the Banners and Logos shall be routed to the URL which is agreed by babajob or as mentioned in a specific agreement



9. Indemnity - You shall indemnify and hold harmless Babajob, its owner, licensee, affiliates, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

10. Applicable Law - Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Bangalore.

11. Trademark, Copyright and Restriction - This site is controlled and operated by Babajob. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for Your personal, non- commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other Website or networked computer environment or use of the materials for any purpose other than personal, non- commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

11. Trademark complaint - Babajob respects the intellectual property of others. In case You feel that Your Trademark been infringed, You can write to Babajob at legal@babajob.com

Limitation of Liability

IN NO EVENT SHALL BABAJOB BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF User HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.