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Terms of use of Referearns, a Job Network Building Portal, offered by Astergate
Solutions.
Terms of Services
Introduction
Welcome to Referearns, job network website, operated by Astergate Solutions.
Please review the terms of services which govern your use of the services of
this website. By using our website, you acknowledge that you have read,
understand and agree to be bound by these terms and any new terms posted here
since your last visit. If you do not agree to these terms, then please do not
use our website. Please review our Privacy Policy as well. You can provide
feedback to Referearns at support@referearns.com.
Copyright and Trademark Notice © 2006 Astergate Solutions Pvt. Ltd. All rights
reserved.
Referearns and the Referearns logo are trademarks and/or registered trademarks
of © 2006 Astergate Solutions Pvt. Ltd. All other trademarks are for
identification purposes only and are the property of their respective owners.
Unless otherwise noted, no portion of this website may be reproduced in any
form, or by any means, without the written consent of Referearns management.
No Warranty
The materials and information on this website are provided "as is" without
warranty of any kind, either express or implied, to the fullest extent
permissible pursuant to applicable law. Referearns further assumes no
responsibility for, and makes no warranties that, functions contained at this
website will be uninterrupted or error-free, that defects will be corrected, or
that the website or the server that makes it available will be free of viruses
or other harmful components. Referearns further makes no warranties with
respect to the quality or accuracy of information posted on or provided through
the Referearns website, including without limitation information about
services, positions, Candidates or bounties offered or requested through the
Referearns website. Referearns shall not be liable for any damages to, viruses
that may infect, or services, repairs or corrections that must be performed, on
your computer or other property on account of your accessing or use of this
website. Please note that some jurisdictions do not allow the exclusion of
implied warranties, so some or all of the above exclusions may not apply to
you.
Disclaimer: Information Posted by Others
People other than Referearns employees supply most of the content on this
website. Any opinions, advice or statements expressed by other parties are
theirs. Referearns does not endorse and is not responsible for the accuracy or
reliability of any opinion, advice or statement made on the website.
Content
You are responsible for the content and consequences of all listings,
referrals, messages, emails, files, images, or other materials that you send,
transmit through, link to or post on Referearns. You understand and agree that
Referearns may refuse, delete, move, or suspend the display of any content for
any other reason, including but not limited to violating guidelines or
inappropriateness. You understand that Referearns or Referearns members may or
may not pre-screen content, but that Referearns or its members have the right
(but not the obligation) to pre-screen, refuse, remove or move any content
posted or submitted to Referearns or any group on Referearns. You also
understand and agree that content posted by you may remain on this website
after its expiration date, and you may not be able to alter or remove the
content. For listings that allow reposting, Referearns may repost the listing,
but is not required to do so.
Linking
This website contains links to websites operated by other entities. Referearns
does not control these other websites and is not responsible for their content.
A link to another website does not imply endorsement of or any association with
the website or its operators.
Linking to Our Site
You may not display our Content within a frame or border, or "deep link" or
harvest Content located below our top-most URL. You will not link to our Site
or Content in a manner that suggests an endorsement or affiliation between our
sites. You will remove any link to our Site that we find objectionable promptly
upon request.
Conduct on Referearns
You agree that you will not:
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provide false information about yourself or any entity that you represent
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use the website for chain letters, spam, unwanted solicitations or bulk
communications
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send, post, or transmit any content that is unlawful, illegal, harassing,
defamatory, pornographic, abusive or threatening
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harass, intimidate, degrade or be hateful towards someone based on their
religion, gender, sexual orientation, race, ethnicity, age or disability
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impersonate any other person or entity, including, but not limited to a
Referearns employee or a group moderator
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misrepresent your affiliation with any other person or entity
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submit large numbers of listings, referrals or content that disrupts
communication on the site
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infringe any copyright, trademark, patent or other rights of another person or
entity
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automatically download data from the website via spiders, crawlers, robots or
other data mining tools without consent of Referearns management or without
complying with our robots.txt file
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post a listing instructing users not to refer or apply using Referearns’ tools
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engage in pyramid schemes, post deceptive rewards, leave feedback for a
different member account you control, or use the Refer Someone feature to refer
yourself
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post listings that offer multilevel marketing opportunities or require upfront
fees
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post listings where pay is 100% by commission or pay is deferred, with
exceptions for jobs that offer an unrecoverable draw
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offer, request or deliver illegal services or rewards
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Referearns may end your registration, delete your account history and remove
your right to use the website for any reason, including but not limited to
violating guidelines, violating Terms of Use, or engaging in shenanigans.
Account Terms
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You must be 14 years or older to use this Service.
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You must provide your legal full name, a valid email address, and any other
information requested in order to complete the account creation process.
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You are responsible for all content posted and activity that occurs under your
account.
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You represent, covenant, and warrant that you will use the Services only in
compliance with the Terms of Use and all applicable laws (including but not
limited to policies and laws related to spamming, privacy, obscenity, or
defamation).
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You agree you will not access or otherwise use third party mailing lists in
connection with preparing or distributing unsolicited e-mail to any third
party.
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You hereby agree to indemnify and hold harmless Referearns against any damages,
losses, liabilities, settlements, and expenses (including without limitation
costs and reasonable attorneys' fees) in connection with any claim or action
that arises from an alleged violation of the foregoing or otherwise arising
from or relating to your use of the Services.
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You are responsible for maintaining the security of your account and password.
Referearns cannot and will not be liable for your failure to comply with this
security obligation.
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Referearns reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof) with
or without notice.
Pay Reward to referer on Hire
If you post a listing with a reward, you are entering into a contract. You
agree to pay the referrer reward as specified in the job posting
if you hire a candidate that applies or is
referred via Referearns according to the conditions described in your listing
and reward conditions you posted. You agree not to post a listing with a reward
that you cannot pay or do not intend to pay. If a Referearns member earns a
reward, the member has the right to refuse or return the reward. Referearns
also reserves the right to refuse or return a reward.
You should send the referral rewards to the referrers before the candidate
completes 60 days in the new job.
The Referral Reward will be shared equally by the number of people who have
together connected the new employee and the employer. You will become eligible
to receive the reward, once the new employee completes 60 days of employment in
the company who hired him / her through Referearns.
Payment Terms
As a member you can use the facilities for free. You do not have to pay any charges
or fees to use the facilities on the website. You should adhere to the other terms mentioned above
regarding the content and other terms.
Indicating Hired or Not Hired
If you post a job position, you have discretion in determining the criteria
used in hiring candidates. You agree to inform Referearns that a candidate was
hired if you hire, satisfactorily complete a business arrangement with,
transact with or successfully utilize the Candidate that applied or was
referred via Referearns for the opportunity in your listing.
Hiring a Candidate for Position Not Posted
If you post a position and receive a referral for a Candidate that you
eventually hire for a different position than the one you posted, you are still
required to pay the reward, if the hiring is made within six months from the
date of reference.
Multiple Referrals of One Candidate
If you receive multiple referrals of the same Candidate in response to your
listing, Referearns will share the reward among the complete chain of referrers
in the path, where the hired candidate appeared earlier in time.
Referring to Listings with Rewards
If you refer a Candidate in response to a job posting with a reward, there are
no assurances that you will receive the reward. You agree that you are relying
upon the job Poster to pay the reward, if the Poster hires the candidate you
referred.
However, if the listing Poster does
not acknowledge the hiring of the candidate you refer or pay the reward,
Referearns is not responsible for the reward payment or for enforcement of the
Poster's obligation to pay the reward.
Joining a Referral Chain
In order to refer or apply to a posting, you must be signed in so that
Referearns can add you to the referral chain. If you are not signed in, you
will not be eligible to earn a share of any reward offered.
Jurisdiction and Choice of Law
You agree that the district and high courts in Chennai, India, will have
exclusive jurisdiction in all disputes relating to the use of this website.
These terms and conditions will be governed and construed in accordance with
Indian law.
LIMITATION OF LIABILITY
Your use of Referearns website is at your own risk. Under no circumstances will
Referearns be liable to you or any third party as a result of your use of the
Referearns website.
Reservation of Rights
All content, communications, software applications, digital products, updates
and features of this Site are copyrighted by the Site, its owners, suppliers or
other third parties. We reserve all rights not specifically granted to you.
This means permission to use the Site and related intellectual property rights
will be narrowly interpreted by a court in our favor. Except as specifically
authorized in this Agreement, you may not store, copy, reproduce, adapt,
reformat, create derivative works of, transmit, disseminate, publicly display
or perform any copyrighted material from this Site. You may not reverse
engineer our Site or any software obtained from it to discover its underlying
design or inner workings (and you will hold in confidence for our benefit alone
anything discovered in violation of this provision). If you infringe our
intellectual property rights or exceed the scope of permitted use of this
Agreement, you agree that we could be irreparably injured and may obtain a
court order without necessity of posting bond to enjoin you from further
mischief.
OUR PRIVACY POLICY
A link to our Privacy Policy for this Site is posted on our main page. The
terms of that Policy, and any future amendments to it, are hereby incorporated
by reference in its entirety into this Agreement and subject to these terms.
Third parties providing goods or services to you (including those advertising
or providing links on our Site) may have privacy policies or practices that
differ from our own. Please check their sites' privacy disclosures for details.
Protected Parties
THE WARRANTY DISCLAIMERS, LIABILITY LIMITS, INDEMNITIES AND RESERVATION OF
RIGHTS CONTAINED IN THIS AGREEMENT PROTECT THE SITE, ITS OFFICERS, DIRECTORS,
OWNERS, AGENTS, CONSULTANTS, ADVISERS, EMPLOYEES, AFFILIATES, ADVERTISERS,
DISTRIBUTORS, RESELLERS, SUPPLIERS, PUBLISHERS AND PROMOTERS.
FORCE MAJEURE
The Site is not responsible for any delay or failure in performance of the Site
in whole or in part for any reason including, without limitation: fires,
floods, storms, earthquakes, civil disturbances, disruption of
telecommunications, transportation, utilities, services or supplies,
governmental action, computer viruses, corruption of data, hacker attack,
incompatible or defective equipment, software or services or otherwise. Nothing
herein enlarges any warranty or diminishes any disclaimer under this Agreement.
General Conditions
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Your use of the Service is at your sole risk. The service is provided on an "as
is" and "as available" basis.
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You must not transmit any worms or viruses or any code of a destructive nature.
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Referearns does not warrant that the service will be uninterrupted, timely,
secure, or error-free.
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Referearns does not allow the use of the website for the purpose of sending
Spam (which is unsolicited email sent in bulk or any promotion, information or
solicitation that is sent to a person via e-mail without their prior consent,
where there is no pre-existing relationship between the sender and the
recipient) or any illegal activity.
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Referearns, at its own discretion, may immediately disable your account and
access to the Service if it believes in its sole discretion that you have
violated any terms of service.
Changes to these Terms
Referearns may change these terms of use with or without notice. Please review
this link regularly to see any changes.
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