Unnati’s Site provides an online job portal, intended to act as a market place for “Workers” and individual or company “Employers” using the internet and telephony. The site is a public site with free access and Unnati Online Private Limited assumes no liability for the quality and genuineness of Worker profiles and other information contained on the site. Unnati Online Private Ltd. is not responsible for the veracity or accuracy of the information contained in the Worker profiles showcased on the site. You should conduct your own background checks on the bonafide nature of the information contained in any Worker profiles (s).
Unnati shall in no way be held liable for any information received by the Employer and it shall be the sole responsibility of the Employer to check, authenticate and verify the information / response received at their own cost and expense.
Unnati has no obligation to screen or censor any of the Sites’ content, nor is Unnati responsible for the actual transaction between employers and Workers. Thus, Unnati has no control over the quality or legality of the jobs, or Worker profile, posted. Unnati makes no representations about the truthfulness of Worker information or Worker content on the Site and encourages all Employers to conduct their own investigation as to a Worker’s suitability for employment and trustworthiness. The information provided on this Site is only for reference purposes. Unnati’s Site may contain inaccuracies or typographical errors. Unnati makes no representations about the accuracy or completeness of any Site or its content.
Please note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, underage persons or people who may misrepresent themselves on the Site. When you use our Site you assume all risks associated with dealing with Workers with whom you come in contact through our Sites. By its very nature, other people’s information may be offensive, harmful, inaccurate, or untrue. Please be careful when using our site.
Unnati does not warrant that each Worker is who they claim to be. Since Unnati is not, and cannot be involved in Employer-to-Worker dealings or control the behavior of the participants on any Site, in the event that you have a dispute with one or more users, you release Unnati (and our agents and employees) from claims and damages (whether actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
That any usage of this Site does not guarantee the provision/creation of any job to/for a Worker. Unnati is not to be considered an employer and shall not be responsible for any employment decisions, for whatever reason made, by any entity recruiting for any jobs on this Site. Unnati cannot guarantee that any Worker will be exactly what any employer wants or that the Worker will perform as required. No advice or information obtained by a user from the Site shall create any warranty whatsoever.
You also represent and warrant to Unnati that you will use the Sites in a manner consistent with any and all applicable laws and regulations. Unnati in no way either represents or guarantees the accuracy, reliability or the truthfulness of any content on the Site. You hereby acknowledge that any dependence placed upon the content on the Site is done entirely at your own risk.
Permitted Use of our Site(s)
You have the following rights to the Site(s): to search for Workers based on your requirements. All content is the property of Unnati, and all content is protected by applicable trademark laws. You are not allowed to sell or modify the Sites’ content for any public or commercial use. In case of any violation, Unnati shall have the right to take any action permitted under law. The use of the Sites’ content on any other web site or in a networked computer environment for any purpose is also expressly prohibited.
Prohibited Use of our Site(s)
Users warrant to only utilise the Sites in accordance with these Terms & Conditions and any relevant statutory provisions.
The user undertakes to use the Site for his/her own purposes. Using content from the Site for derivative works with a commercial motive without prior written consent from Unnati is strictly prohibited.
Unnati uses technological means to exclude Robots etc from crawling the website and scraping content. The user undertakes not to circumvent these methods.
Users shall not spam the database maintained by Unnati or indiscriminately and repeatedly forward mail that may be considered spam etc. etc. Any conduct of the user in violation of this clause shall entitle Unnati to forthwith terminate all services to the user without notice and to forfeit any amounts paid by him.
Users undertake that the services offered by the Site / Unnati shall not be utilized to upload, post, email, transmit or otherwise make available either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail. Unnati reserves the right to filter and monitor and block the emails sent by you/user using the servers maintained by Unnati to relay emails. All attempts shall be made by Unnati and the user to abide by International Best Practices in containing and eliminating Spam.
Users are prohibited from violating the security of any Site by engaging in the following: (a) accessing data not intended for such user or logging into an account which the user is not authorized to access; (b) attempting to test the vulnerability of a system or to breach any security or authentication measures; or c) attempting to overload, spam, or crash any Site by means of a “virus” or other software “attack” upon the Sites’ integrity. Any attempted Site violations may result in civil or criminal liability, and Unnati will prosecute users who are involved in such violations.
Users may not use any Sites in order to transmit, or store material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, (c) that is defamatory, obscene, threatening, abusive or hateful, or (d) in a manner which jeopardizes India’s national security, contributes to social unrest, or sectarian violence.
All users agree not to engage in any activity which seeks to take advantage of or exploit other users of the Sites, or of the Sites themselves. This prohibited behavior includes, but is not limited to, the following: (a) offering business or sales opportunities; (b) offering jobs from competitors of the Unnati, (c) posting any inaccurate or misleading content on the Sites; (d) sending any unsolicited offer to Site users; (e) deleting any content or posting of other users; (f) engaging in any behavior which has the effect of degrading the performance of the Sites; (g) reverse engineering any portion of the Sites; (h) using or inserting a personal or corporate URL, web link, or email address, into any portion of the Sites (except where specifically requested by the Sites) and (i) duplicating, posting, or linking any Site content to other sites not belonging to Unnati. Users may not use the Site(s) to transfer any money in violation of any applicable law or regulation.
Prohibited Content on Our Sites
Any content which is offensive, dangerous, invades the privacy of others or is unlawful is prohibited from the Sites: This includes, but is not limited to, the following: (a) pornography; (b) solicitation of illegal activities; (c) racial, religious, or ethnic slurs (d) incitement to violence against any individual for whatever reason; (e) the sending of junk mail or spam; (f) violating or advocating the violation of copyrighted works; (g) releasing private information of another user without their consent; and (g) providing information or instruction about illegal activities.
In no event shall Unnati, its affiliates, or its supplier’s suppliers, or any third parties mentioned on any of Unnati’s site be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use any of Unnati’s sites and content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Unnati is advised of the possibility of such damages. Further, the entire liability of Unnati, and your sole and exclusive remedy, for any claim or cause of action arising hereunder (whether in contract, tort, or otherwise) shall not exceed the lesser of the registration fees paid or cause of action or one hundred rupees (Rs.100).
The T&Cs constitute the entire agreement between you and Unnati and govern your use of the Service. The T&Cs and the relationship between you and Unnati shall be governed by the laws of the country of India without regard to its conflict of law provisions and courts at Delhi alone shall have the exclusive jurisdiction to try and entertain any dispute arising out between you and the Unnati. The failure of Unnati to exercise or enforce any right or provision of the T&Cs shall not constitute a waiver of such right or provision. If any provision of the T&Cs is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the T&Cs remain in full force and effect.
Subscription once taken cannot be cancelled. Hence, any amount paid you is non-refundable.
Disclaimer of Warranty
Unnati does not warrant that our sites will operate error-free or that our sites are free of computer viruses or other harmful mechanisms. If your use of any sites or sites’ content results in the need for servicing or replacing equipment or data, Unnati is not responsible for those costs.
The sites are provided on an "as is" basis without any warranties of any kind. Unnati, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose and non-infringement.
You agree to indemnify and hold Unnati, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of content you submit, post or make available through the Site or your use thereof, your violation of the T&Cs, your breach of any of the representations and warranties herein or your violation of any rights of another.
The following terms and conditions are applicable upon all members of the general public and businesses within India (collectively herein after referred to as ‘Workers’) who have voluntarily evinced interest in having their own profile with Unnati Online Private Limited (hereinafter referred to as “Unnati”) by creation of a ‘Worker Profile’. The Worker Profile for the Worker that will be created by Unnati, will be shared openly on unnatihelpers.com and partner websites with the interested individuals and businesses (collectively herein after referred to as ‘Employers) who are availing the recruitment services/related services (collectively herein after referred to as ‘Services’) of Unnati in India or abroad.
It is hereby clarified by Unnati that the Services being rendered by Unnati to the Employers are in the nature of being recruitment/training/related services; in course of which Unnati is required to provide details and information of prospective candidates to the Employers based upon their specific requirements (skill/qualification based or on other parameters).
Basis the above need, Unnati is creating a database of Worker Profiles (using proprietary technology of Unnati) of Workers wherein the Worker voluntarily provides his/her information/details/ personally identifiable data with Unnati for the creation of the Worker Profile.
All Worker Profiles created by Unnati are subject to the following terms and conditions that compulsorily are applicable upon the Workers who have permitted their respective Worker Profiles to be created by Unnati.
The Worker confirms, agrees and acknowledges that he/she is providing their information/details/personally identifiable data with Unnati for the creation of the Worker Profile voluntarily. The Worker also confirms and acknowledges that they have been disclosed the purpose of the submission of the information/data and accordingly agree/consent to the terms and conditions applicable upon the Worker as stipulated by Unnati from time to time. You acknowledge and warrant that Unnati has not instigated and/ or forced you to deposit money in the Unnati account in return of job guarantee or assured placement.
Veracity of Information
The Worker hereby confirms, agrees and acknowledges that he/she has provided true and correct information/details/ personally identifiable data to Unnati for the creation of their Worker Profile. The Worker acknowledges that the information/ data being provided by the Worker to Unnati is correct, complete and updated in all respects at all times and does not contain any false, distorted, manipulated, fraudulent or misleading facts or averments. Unnati will not be liable for any misrepresentation/incorrect facts, etc. that are provided by the Worker and each Worker shall be entirely responsible & liable for the veracity of the information shared with Unnati for the creation of the Worker Profile. The Worker acknowledges the fact that Unnati will reply upon the information / data provided (by the Workers to Unnati) and accordingly share the information on the Worker(s) with interested Employers. The Worker(s) agree(s) to bear the sole risk and responsibility for the information provided including the veracity and accuracy thereof and also agree(s) to indemnify Unnati for all losses incurred by Unnati due to any false, distorted, manipulated, fraudulent or misleading facts given by Worker(s) to Unnati.
Continuing Acceptance of terms and conditions
The Worker acknowledges that by sharing, his/her information/data; he/she has voluntarily accepted the terms and conditions applicable upon the Worker from time to time including future version thereof, for which Unnati will not be responsible or liable (in any manner) to intimate the Worker of the changes in the terms and conditions (at any point in time).
Waiver of Rights
The Worker hereby confirms that by creation of the Worker Profile, the Worker has granted the right to Unnati (to the exclusion / waiver of the individual Worker’s rights) to (i) provide/share the information of the Worker to/with the prospective employers on a repeated basis without seeking Worker’s consent each time, (ii) make calls/send SMS’s to the Worker pursuant which shall not constitute unsolicited commercial communications/calls/SMS under the Telecom Regulatory Authority of India (TRAI) regulations and/or any such applicable law, (iii) send e-mails to the Worker pursuant to any job-related information or otherwise (iv) use the information of the Worker profiles for offering value-added services to the Worker as well as related marketing/business activities determined by Unnati at its sole discretion, (v) share information of any/all Workers with 3rd parties for purposes including but not limited to background, skill development courses to Workers, etc.
Grant of Permission
By creation of the Worker Profile, the Worker confirms that Unnati has the right to assess Worker(s) eligibility/fitness for any particular job(s) based on Unnati’s proprietary methodology. Further, basis such assessment, Unnati has the right to infer capabilities and skills of the Worker(s) vis-a-vis score the Worker(s) for a fit as regards any particular job(s) on a best effort basis. The Worker(s) shall at no time have any right to question and/or dispute the manner & methodology of Unnati in this regard. Unnati also has the right to revise/adjust scores based on Unnati’s internal methodology which would be based on the background, skills, preferences and other related information disclosed by the Worker(s). For illustration, a Worker could face a revision of scores due to “no shows” for interviews or incorrect information given in the preparation of the Worker Profile. The Worker(s) unequivocally agree to the manner/method for the scoring adopted by Unnati without any protest/dispute towards the same. The Worker will not hold Unnati liable for any such assessment and/or consequent score provided to client of Unnati/ the prospective employer by Unnati.
Disclaimer & Limitation of Liability
The Worker understand(s) and acknowledge(s) that creation of Worker Profile or any such assessment by Unnati of the Worker does not constitute an “interview” for any employment opportunities nor does the Worker Profile assure/guarantee/promise (in any manner whatsoever) prospective employment to each/any Worker. Worker also understand(s) and acknowledge(s) that while offering such Services, Unnati is merely acting as an intermediary/facilitator between the Worker and the Employer/ prospective employer. By doing so, Unnati does cannot assure/guarantee the Worker of any assured employment or any other aspect with regards the prospective employment including but not limited to description of employment, designation, grant of benefits, quality work environment, etc. No Worker shall hold Unnati responsible and/or liable in the event Worker is not shortlisted for and/or fails to receive any employment opportunities and/or any response/satisfactory response from any prospective employer, pursuant to availing the recruitment services of Unnati. No Worker can hold Unnati responsible for any actions/omissions that may occur inadvertently and/or due to human error and/or on the part of any prospective employer(s).
By creation of the Worker Profile, the Worker confirms that Unnati will keep and regard the Smart Profile(s) to continue within the Unnati Workers database until the particular Worker contacts Unnati for the removal of the Worker Profile in writing. Furthermore, Unnati is not under any obligation to validate, update or revalidate the contents of the Worker Profile of any Worker and it is the obligation of the Worker to voluntarily update his/her Worker Profile with Unnati. Also, these terms and conditions (as applicable from time to time) continue to be applicable to all Workers until such time that the Worker contacts Unnati for the removal of the Worker Profile in writing. The Worker, by getting the Worker Profile done through Unnati, also agrees that the Worker Profile forms a part of Unnati’s proprietary database which can be shared with Unnati’s prospective clients or any employers at any point of time. Unnati cannot be held liable for sharing of any data with clients or other unrelated 3rd parties, if the Worker does not voluntarily remove their Smart Profile from Unnati’s proprietary database.
Dispute Resolution and Jurisdiction
All disputes/differences of any Workers with regards Unnati and/or the Services, shall be subject to the laws of the Republic of India and the exclusive jurisdiction of the courts at New Delhi only.
USAGE OF TELECOM RESOURCES
NASSCOM’s guidance on essential contract terms for cloud communication service providers.
Service providers of cloud telephony services face the danger of disruptions arising from the 13th amendment in the TCCCP, due to the following reasons:
1. A cloud telephony service provider is unaware when their clients is initiating an illegal call or SMS campaign which maybe publishing the numbers which the service provider has actually subscribed to and has assigned it to the particular client.
2. Therefore, “Telephone number on which the commercial transaction is solicited” included in the 13th amendment, can potentially put at risk the entire telecom resources of the service provider without their knowledge and/or control.
3. As a service provider, they have no knowledge and little control on the messages that are being sent by the clients and they are not a direct beneficiary of such call back requests.
TRAI believes that companies should draft robust contracts which clearly prohibit any unlawful action and also have provisions for penalty.
A contractual obligation along with efforts to make clients aware of the consequences has yielded results and ensured regulatory compliance of TRAI for sectors like banks and insurance.
The guidance note therefore suggests certain provisions that maybe incorporated in the service contract that will deter clients from undertaking unlawful activities like unauthorized bulk sms for marketing.
The guidance note is based on the provisions in existing contracts and suggestions from TRAI, and will be essential in case of client agreements. The provisions and the action points as suggested will not only allow companies to take planned action but will also help in demonstrating their intent to prevent any transgression of TRAI regulations.
B. GUIDANCE NOTE
1. The User shall use the Services for lawful purposes and the usage of the services will be in compliance with applicable laws and regulations. The User further understands and agrees that:
1.1. They shall be solely liable for any transmissions sent through the Service that Service provider has no control over the content of any transmission. Therefore they shall be solely responsible for all acts or omissions that occur including the content of transmissions through the Service
1.2. In case the User becomes aware of any unauthorized use of the whole or any part of the service by any person the User shall forthwith notify Service provider of the same. The Service Provider shall not be responsible for the said unauthorized use under any circumstances whatsoever.
1.3. User will abide by all applicable agreements, policies and procedures from time to time.
1.4. User shall not attempt to gain unauthorized access to the service, other accounts, or computer systems or networks connected to the Service, through password mining or any other means.
1.5. User shall not interfere with other customers’ or third-parties’ use of the Service or use the Service in any manner which disrupts, prevents or restricts any other customer from using the Service.
2. User shall not use the Services for purposes that are unlawful or prohibited by the Agreement or the policies of the Service provider. User may not use the Services in any manner that may damage, disable, overburden, or impair the Services, telephonic numbers. Additionally, the User shall be responsible at all times to ensure that the Services shall not be utilized in any manner related to prohibited use. These prohibited uses include, but are not limited to the following:
2.1. In connection with conducting any surveys, contests, chain letters, or any duplicative or unsolicited messages (commercial or otherwise);
2.2. Advertise or offer to sell or buy any goods or services or use the Services for tele-marketing including contacting persons registered on the “Do Not Disturb” list, without obtaining appropriate permissions under the Telecom Commercial Communication User Preference Regulations, 2010 or any amendments thereto;
2.3. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others; publish, post, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information
2.4. Sending unsolicited and/or bulk messages or advertisements, including voicemails or facsimiles.
2.5. Harvesting or otherwise collecting information about others without their consent.
2.6. Creating a false ID identity (“ID spoofing”) or otherwise attempting to mislead others as to identify of the sender or the origin of any communication made using the Services.
2.7. Pretending to be anyone, or any entity, you are not, including impersonating or misrepresenting yourself as another person (including a celebrity), entity, or a civic or government leader, or otherwise misrepresenting your affiliation with a person or entity.
2.8. Transmitting any material that may infringe the intellectual property rights or other rights of third parties.
2.9. Violating any TRAI regulations regarding the transmission of technical data through the Service.
2.10. Violation or non-adherence to any extant laws of the land governing the business associated with this agreement.
3. Use of the Service is subject to all applicable local, state, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination, securities laws, and false advertising).
4. User understands and agrees that at any time, and without additional notice, terminate, modify, suspend, disconnect, discontinue, or block access to some or all of the features of the Services if they indulge in prohibited uses as listed above and other similar acts.
User obligations towards TRAI regulations
The User is obliged to follow all TRAI regulations.
If a complaint arises from the services being used by the User, the Service Provider will take all steps to protect its communication resources and will provide all information of the User to TRAI to take appropriate action.
In the event the User is deemed to have utilized the Service for any unlawful use or in a manner as provided above, then the Service provider has the right to
- Execute and realize the payments due from the Indemnity Bond and
- To immediately terminate use of the Services, without prior notice to the User.
In the event any penalty is levied on the Service Provider for unlawful/prohibited usage of the Services by the User or for utilizing the Services in the manner detailed above as prohibited use then, the User shall be liable to pay the penalty to the Service provider along with any claims made by any third party against the Service provider.
Upon termination of the services or agreement, Service Provider may immediately deactivate or delete any User account and all related information and files in said account and/or bar any further access to such files, information, or the Services. Service Provider shall not be liable to User or any third party for any reason for terminating any use or access to the Service as per the standard terms mentioned above.
Service provider will file police complaint against the persons who have indulged themselves in unsolicited commercial communications
The User agrees to defend and indemnify the Service Provider and his/her/its officers and directors, employees, agents, and representatives from any and against all losses, claims, costs, liabilities, or expenses incurred, whether based in claims of tort or contract (including court costs and attorney fees) incurred or sustained due to related to or arising out of utilizing cloud communication services including IVR services, call forwarding, call recording and voice-mail services or sending and receiving fax, making unsolicited commercial calls (UCC) or any material that is appropriate and, when applicable, related to the Service, collection of data, usage of data, or breach of any of the terms hereof any negligence, or any fraud, violation of rules and regulations of the TRAI and DOT or breach of confidentiality, leading to a third party claim.
Service provider would have every right to monitor, peruse, and analyze (joint and severally called “Review”) the communication between the third party and the User with the prior permission of User per instance of such review. Provided if any communication or part thereof is found to be apparently objectionable per TRAI regulations, Service provider can withhold its services till proper explanation is furnished by the Client.
Service provider shall not be responsible for any loss sustained by the User during the intervening period.