Terms & Conditions
These Terms of Service ("Terms") cover your use of and access to the sites, services, tools and features (collectively, the "Services") provided by Job Postmen (together with its officers, directors, employees, agents, subsidiaries and affiliates, “Job Postmen”). Our Privacy Policy explains what personal information we collect and how it’s used and shared.
By using or accessing the Services, you're agreeing to these Terms and our Privacy Policy (collectively, this “Agreement”). If you're using the Services for person other than you, you're agreeing to this Agreement on behalf of that other person, and represent and warrant that you can do so. If you don’t agree to all the terms in this Agreement, you may not use or access the Services. While we’re not your lawyers, we do want to say: Please read this Agreement carefully! It includes important information about your legal rights, and covers areas such as refunds, warranty disclaimers, limitations of liability, resolution of disputes by arbitration and a class action waiver.
We’ve tried to make this Agreement fair and straightforward, but feel free to contact us if you have any questions or suggestions.
1. Creating an Account
1.1. Signing Up.
To use the Services, you must first create an account (“Account”). You agree to provide us with accurate, complete and updated information for your Account. We may need to use this information to contact you. You consent to receiving marketing E-Mails from Job Postmen and may opt out from receiving such E-Mails by following the unsubscribe link in our E-Mails, or as detailed in our terms.
1.2. Staying Safe.
Please safeguard your Account and make sure others don't have access to your Account or password. You must immediately notify us of any actual or suspected loss, theft or unauthorized use of your Account or password. You're solely responsible for any activity on your Account. We’re not liable for any acts or omissions by you in connection with your Account.
1.3. Eighteen And Older.
By using the Services, you represent that you're at least 18.
2. Your Content
2.1. Your User Content Stays Yours.
Users of the Services may provide us with content, including without limitation text, photos, images, audio, video, code and any other materials (“User Content"). Your User Content stays yours. These Terms don't give us any rights to User Content, except for the limited rights that enable us to provide, improve, promote and protect the Services as described herein.
3. Your Responsibilities
3.1. Only Use Content You’re Allowed To Use.
You represent that you own all rights to your User Content or otherwise have (and will continue to have) all rights and permissions to legally use, share, display, transfer and license your User Content via the Services. If we use your User Content in the ways contemplated in this Agreement, you represent that such use will not infringe or violate the rights of any third party, including without limitation any copyrights, trademarks, privacy rights, publicity rights, contract rights or any other intellectual property or proprietary rights. Content on the Services may be protected by others' intellectual property or other rights, so please don't copy, upload, download or share content unless you have the right to do so.
3.2 Your Content and its Accuracy.
Provide professional details about yourself that document your own, true accomplishments. Job Postmen takes no responsibility for consequences that you may experience for providing us with false or
exaggerated information that we then as part of our service provide to legitimate third parties such as recruiting agencies in line with our privacy policy.
4. Our Intellectual Property
4.1. Job Postmen Owns Job Postmen.
The Services are protected by Indian Laws. These Terms don't grant you any right, title or interest in the Services, our trademarks, logos or other brand features or intellectual property, or others’ content in the Services. You agree not to change, translate or otherwise create derivative works of the Services.
4.2. We Can Use Your Feedback For Free.
We welcome your feedback, ideas or suggestions (“Feedback”), but you agree that we may use your Feedback without any restriction or obligation to you, even after this Agreement is terminated.
5. Our Rights
5.1. Important Things We Can Do.
We reserve these rights, which we may exercise at any time and in our sole discretion, and without liability or notice to you (except where prohibited by law): (a) we may change the Services and their functionality; (b) we may restrict access to or use of parts or all of the Services; (c) we may suspend or discontinue parts or all of the Services; (d) we may terminate, suspend or restrict your access to or use of parts or all of the Services; (e) we may terminate, suspend or restrict access to your Account ; and (f) we may change our eligibility criteria to use the Services (and if such eligibility criteria changes are prohibited by law where you live, we may revoke your right to use the Services in that jurisdiction).
6. Privacy
Our Privacy Policy explains how we collect, use and share your information. By using the Services, you agree to our collection, use and sharing of information as set forth there.
7. Paid Services And Fees
7.1. Fees.
You can access the core portions of the Services by submitting a one-time fee payment. Our fees will appear on an invoice that we provide via the Services, unless otherwise indicated.
7.2. Taxes.
7.3. No guarantees of recruiter or employer interviews or offers or other expressions of interest.
We work to improve CV or resumes, match you to relevant recruiters and distribute your materials to said recruiters. What the recruiters or other third parties determine to do is not in the control of Job Postmen and take no responsibility for their decisions.
7.4. Refunds.
While you may cancel any Paid Services at any time, you won't be issued a refund except in our sole discretion, or if legally required.
7.5. Fee Changes.
We may change our fees at any time. When applicable, we’ll give you advance notice of these fee changes via the Services. New fees will not apply retroactively. If you don't agree with the fee changes, you have the right to reject the change by cancelling the applicable Paid Service before your next payment date.
7.6. Chargebacks.
If you contact your bank or credit card company to decline, chargeback or otherwise reverse the charge of any payable fees to us (“Chargeback”), we may automatically terminate your Account. If you have questions about a payment made to us, we encourage you to contact us before filing a Chargeback. We reserve our right to dispute any Chargeback.
7.7. Our Payment Processor.
We use a third party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor, in addition to this Agreement. Our current Payment Processor is PayPal and Razorpay, and your payments are processed by PayPal and Razorpay in accordance with PayPal and Razorpay Terms of Service and Privacy Policy. We don’t control and are not liable for the security or performance of the Payment Processor. You agree to pay us, through the Payment Processor, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms. You agree to make payment using the payment method you provide with your Account. We reserve the right to correct, or to instruct our Payment Processor to correct, any errors or mistakes, even if payment has already been requested or received.
8. Term And Termination
This Agreement will remain in effect until terminated by either you or us. To terminate this Agreement, you may contact us or simply stop using the Services at any time. We reserve the right to suspend or terminate the Services at any time at our sole discretion and without notice. All sections of this Agreement that by their nature should survive termination shall survive termination, including without limitation Your Content, Our Intellectual Property, Warranty Disclaimers, Limitation Of Liability, Indemnification, Dispute Resolution and Additional Terms.
9. Warranty Disclaimers
To the fullest extent permitted by law, Job Postmen makes no warranties, either express or implied, about the Services. The Services are provided “as is.” Job Postmen also disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, obtained by you from Job Postmen shall create any warranty. Job Postmen makes no warranty that the Services will: (a) be timely, error-free; (b) meet your requirements or expectations; or (c) provide you with the potential for employment.
10. Limitation Of Liability
To the fullest extent permitted by law, in no event will Job Postmen be liable with respect to any claims arising out of or related to the Services or this Agreement for: (a) any indirect, special, incidental, exemplary, punitive or consequential damages; (b) any loss of profits, revenue, data, goodwill or other intangible losses; (c) any damages related to your access to, use of or inability to access or use the Services or any portion thereof, including without limitation interruption of use or cessation or modification of any aspect of the Services; (d) any damages related to loss or corruption of any content or data, including without limitation User Content and eCommerce data; (e) any User Content or other conduct or content of any user or third party using the Services, including without limitation defamatory, offensive or unlawful conduct or content; or (f) any Third Party Services or third party sites accessed via the Services. These limitations apply to any theory of liability, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, whether or not Job Postmen has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose. To the fullest extent permitted by law, in no event shall the aggregate liability of Job Postmen for all claims arising out of or related to the Services and this Agreement exceed the greater of twenty dollars ($10) or the amounts paid by you to Job Postmen in the twelve (1) months immediately preceding the event that gave rise to such claim.
11. Indemnification
To the fullest extent permitted by law, you agree to indemnify and hold harmless Job Postmen from and against all damages, losses and expenses of any kind (including without limitation reasonable attorneys' fees and costs) arising out of or related to: (a) your breach of this Agreement; (b) your User Content; (c) your violation of any law or regulation or the rights of any third party.
12. Dispute Resolution
12.1. Informal Resolution.
Before filing a claim against Job Postmen,you agree to try to resolve the dispute by first emailing [email protected] with a description of your claim. We'll try to resolve the dispute informally by following up via email, phone or other methods. If we can’t resolve the dispute within thirty (90) days of our receipt of your first email, you or Job Postmen may then bring a formal proceeding.
12.2. Arbitration Agreement.
You and Job Postmen agree to resolve any claims arising from or relating to the Services or this Agreement through final and binding arbitration and you and Job Postmen expressly waive trial by Court, except as set forth below. Discovery and rights to appeal in arbitration are generally more limited than in a lawsuit, and other rights that you and we would have in court may not be available in arbitration. There is no judge or jury in arbitration, and court review of an arbitration award is limited.
12.3. Arbitration Opt-Out.
You can decline this agreement to arbitrate by emailing us at [email protected] within thirty (30) days of the date that you first agree to this Agreement (“Opt-Out Period”). Your email must be sent from the email address you use for your Account, and must include your full name, residential address and a clear statement that you want to opt out of arbitration. If you opt out of arbitration pursuant to this Section 16.3, then Sections 16.2, 16.4, 16.5 and 16.6 of these Terms do not apply to you. This opt-out doesn’t affect any other sections of the Terms, including without limitation Sections 16.8 (Judicial Forum For Disputes; Time For Filing), 16.9 (No Class Actions) and 17.2 (Controlling Law).
12.4. Arbitration Time For Filing.
Any arbitration must be commenced by filing a demand for arbitration within one year after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim. If applicable law prohibits a one year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
12.5. NO CLASS ACTIONS.
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated or representative action. Class actions, class arbitrations, private attorney general actions and consolidation with other arbitrations aren't allowed.
13. Additional Terms
13.1. Entire Agreement.
This Agreement constitutes the entire agreement between you and Job Postmen regarding the subject matter of this Agreement, and supersedes and replaces any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of this Agreement. This Agreement creates no third party beneficiary rights.
13.2. Controlling Law.
This Agreement and the Services shall be governed in all respects by the laws of the Republic of India, without regard to its conflict of law provisions.
13.3. Waiver, Severability And Assignment.
Our failure to enforce any provision of this Agreement is not a waiver of our right to do so later. If any provision of this Agreement is found unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under this Agreement, and any such attempt will be void. We may assign our rights under this Agreement to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
13.4. Modifications.
We may modify this Agreement from time to time, and will always post the most current version on our site. If a modification meaningfully reduces your rights, we’ll notify you (by, for example, sending you an email or displaying a prominent notice within the Services). The notice will designate a reasonable period after which the new terms will take effect. Modifications will never apply retroactively. By continuing to use or access the Services after any modifications come into effect, you agree to be bound by the modified Agreement. If you disagree with our changes, then you should stop using the Services.
13.5. Translation.
This Agreement was originally written in English (US). We may translate this Agreement into other languages. In the event of a conflict between a translated version and the English version, the English version will control.
13.6. Testimonial Submission.
If you submit a testimonial to us, you agree, give permission and grant any necessary license to us to use it, but you agree we are under no obligation to use any testimonial submitted. We may use testimonials in whole or in part, but in any use, will identify you only by first name, last initial, city and state. We reserve the right to review, correct grammatical or typing errors, and edit or summarize testimonials prior to use. If you do not agree with any of these conditions, do not submit a testimonial to us.
14.6. CV Distribution Service Delivery Time
Our CV Distribution Service Delivery Time is between two (2) -thirty (30) Days, subject to Internet Connectivity to Servers and other direct, Indirect, Tangible, Intangible conditions which may affect our service Delivery.