theworkinglady.in TERMS OF USE
Last Updated: 01-04-2024
PLEASE READ THIS PAGE CAREFULLY. IF YOU DO NOT ACCEPT THETERMSOFUSE STATED HEREIN, DO NOT USE THE WEB SITE AND ITS SERVICES. BYUSING/ACCESSING THE WEBSITE - THE WORKING LADY, YOU ARE INDICATINGTHATYOU ACCEPT THE TERMS OF USER AND YOUR ACCEPTANCE IS BOUNDBYTHEPROVISIONS OF THESE TERMS OF USE, INCLUDING ANY UPDATION/ REVISIONSMADE THEREIN. APXONE ENTERPRISES PRIVATE LIMITED (“COMPANY") MAYREVISE THESE TERMS OF USE, INCLUDING THE WORKING LADYPRIVACYSTATEMENE AT ITS DISCRETION. THE COMPANY DOES NOT HAVEANYOBLIGATION OR RESPONSIBILITY TO INFORM OR INTIMATE YOU INANYMANNER, DIRECTLY OR INDIRECTLY, OF THE POSTING ONCE UPDATED OR PRIORTOSUCHUPDATION. YOUR USE OF THE WEBSITE (DEFINED BELOW) FOLLOWINGANYSUCH MODIFICATION CONSTITUTES YOUR AGREEMENT TO FOLLOWANDBEBOUND BY THE TERMS OF USE AS MODIFIED. ANY ADDITIONAL TERMSANDCONDITIONS, DISCLAIMERS, PRIVACY POLICIES AND OTHERPOLICIESAPPLICABLE TO GENERAL AND SPECIFIC AREAS OF THIS WEBSITEORTOPARTICULAR CONTENT ARE ALSO CONSIDERED AS TERMS OF USE. YOUSHOULDVISIT THIS PAGE PERIODICALLY TO REVIEW THE TERMS OF USE, BECAUSETHEYARE BINDING ON YOU. THE TERMS "YOU" AND "USER" AS USED HEREINREFERTO ALL INDIVIDUALS AND/OR ENTITIES ACCESSING THE WEB SITEFORANYREASON.
Apxone Enterprises Private Limited, a company incorporated under the Indian Companies Act, 1956, is operating the company THE WORKING LADY (Reg ID: UDYAM-MP-0005804). This page states the terms of use ("Terms of Use" / “Terms”) under which you (“You”/“Your”) may use THE WORKING LADY, an on-line maid/domestic helper-hiring service to post and search employment opportunities and user resumes ("THE WORKING LADY" or "Web Site"). These Terms of Use include the THE WORKING LADY Privacy Statement (http://www.THEWORKINGLADY/Privacy.aspx) which is incorporated into these Terms of Use by reference. By using THE WORKING LADY, You are indicating your acceptance to be bound by these Terms of Use, including the THE WORKING LADY Privacy Statement. In the event of any inconsistency between the provisions under the Terms of Use and the THE WORKING LADY Privacy Statement, the provisions under the Terms of Use will prevail.
USERS WHO VIOLATE THESE TERMS MAY HAVE THEIR ACCESS ANDUSEOFTHETHE WORKING LADY SITES SUSPENDED OR TERMINATED, AT THE COMPANY’SDISCRETION.
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ELIGIBILITY
You must be atleast 18 years of age to visit or use THE WORKINGLADYinanymanner. You may not use the THE WORKING LADY if you are not above 18yearsof age. Please get a parent's or guardian's consent/permission before accessingtheSite or any portion thereof if you are not above 18 years of age. By visitingTHEWORKING LADY or accepting these Terms of Use, You represent and warrant totheCompany that You are 18 years of age or older and if you are less than 18yearsof age then the parent’s or guardian’s consent / permission has been obtained, andthat You have the right, authority and capacity to use the Web Site and agreetoandabide by these Terms of Use. You also represent and warrant to the Companythat you will use THE WORKING LADY in a manner consistent with any and all applicablelaws and regulations.
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USE OF THE WORKING LADY CONTENT
THE WORKING LADY authorizes you, subject to these Terms, to viewandusetheTHE WORKING LADY Sites and the THE WORKING LADY Content (as definedbelow) solely for your personal, non-commercial use. The contents of THEWORKING LADY, and of all other websites under the Company's control, whetherpartial or otherwise (THE WORKING LADY and such other websites are sometimescollectively referred to as the “THE WORKING LADY Sites”), such as designs, text, graphics, images, video, information, logos, button icons, software, audiofilesandother THE WORKING LADY content (collectively, "THE WORKINGLADYContent"), are protected under both India and foreign copyright, trademark and other laws. All THE WORKING LADY Content is the property of the Company or its licensors, asapplicable. The THE WORKING LADY Content is the exclusive property of THEWORKING LADY and is protected by Indian and international copyright, trademark, and other laws. Unauthorized use of the THE WORKING LADY Content mayviolatethese laws and/or applicable communications regulations and statutes, andisstrictly prohibited. You must preserve all copyright, trademarks, service markandother proprietary notices contained in the original THE WORKING LADYContent onany authorized copy you make of the THE WORKING LADY Content. Youmaynot sell or modify the THE WORKING LADY Content or reproduce, display, publiclyperform, distribute, or otherwise use the THE WORKING LADY Content inanywayfor any public or commercial purpose, in connection with products or servicesthat are not those of the Company, in any other manner that is likely to cause confusionamong consumers or that otherwise infringes the Company's intellectual propertyrights.
Any code that the Company creates to generate or display any THE WORKING LADY Content or the pages making up any THE WORKING LADY Site is also protected by the Company's copyright and you may not copy or adapt such code.
You may not use any of the THE WORKING LADY Content on any other Web site or in a networked computer environment (including, without limitation, by uploading or republishing THE WORKING LADY Content on any Internet, Intranet or Extranet site or incorporating the THE WORKING LADY Content in any other database or compilation for any purpose). You shall not copy or adapt the HTML code that the Company creates to generate any THE WORKING LADY Content or the pages making up any THE WORKING LADY Site which is also protected by the Company's copyright. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
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REGISTRATION INFORMATION
When you register with any THE WORKING LADY Site, You will be asked to provide certain information including, without limitation, name of the company / individual, a valid email address, etc. In addition to the Terms of Use and any privacy policy applicable to any THE WORKING LADY Web Site, You understand and agree that the Company may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. Subject to the Terms of Use herein, the Company will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. However, You agree and acknowledge that the Company shall have the right to provide to its client / the employer using THE WORKING LADY, the information provided by You including your mobile number, while the client/ employer search for similar profiles such as Yours at THE WORKING LADY. The Company shall not be liable for any claims, liability (direct / indirect) or damages in this regard, should such an eventuality arise as a result of the Company sharing the information provided by You to the clients / the employer.
The Company reserves the right to use, with or without your prior consent, the information provided by You for the purpose of gathering market intelligence including but not limited to customer survey, analysis of customer data, customer data, marketing press releases, etc. The Company reserves the right to offer, at its sole discretion as it may deem fit, third party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by the Company or by third parties. You agree and acknowledge that the Company may use your contact information to provide or update You regarding promotion events of the Company, new offers, renewal reminders, payment reminders, feedback, opinion etc and the same shall not be treated as “spam” or un warranted “marketing” calls. Please see the Company's Privacy Statement (http://www.THE WORKING LADY/Privacy.aspx) for further details regarding Your information. Without limiting any of the other disclaimers of warranty set forth in these Terms of Use, the Company does not provide or make any representation as to the quality or nature of any of the third party products or services, as applicable, purchased through the THE WORKING LADY or any other THE WORKING LADY Site, or any other representation, warranty or guaranty.
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USE OF THE THE WORKING LADY SERVICES
The job posting, resume database (“THE WORKING LADY Resume Database”) and other features of the THE WORKING LADY Sites may be used only by individuals seeking employment and/or career information and by employers seeking employees. Your use of the THE WORKING LADY services offered by the Company through THE WORKING LADY is also subject to any other contracts you may have with the Company. In the case of any conflict between these Terms and any contract you have with THE WORKING LADY, the terms of your contract will prevail. The term “post” as used herein shall mean information that you submit, publish or display on a THE WORKING LADY Site.
The Company specifically prohibits any other use of THE WORKING LADY, and all Users agree not to do any of the following, including without limitation while providing the User Content (defined below):
- . not use any THE WORKING LADY Site or the services therein in order to host, display, upload, modify, publish, transmit, update, distribute, share, store or destroy material, including without limitation THE WORKING LADY Content, (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 or proprietary rights of others or violate the privacy, publicity or other personal rights of others, (c) that belongs to another person and to which the user does not have any right or has been copyrighted by another person, (d) making available pirated computer programs or links to them, providing or making available information to circumvent manufactureinstalled copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files (e) that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, threatening, abusive or hateful or racially, ethnically objectionable, disparaging, relating encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever, (f) harm minors in any way, (g) deceives or misleads the addressee about the origin of such message or communicates any information which is grossly offensive or menacing in nature, (h) impersonate another person or entity, (i) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Company’s computer systems or site or the Company’s users, customer’s computer systems or site, (j) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states or of public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or insulting any other nation.
- Users are also prohibited from violating or attempting to violate the security of any THE WORKING LADY Site, directly or indirectly, including, without limitation the following activities: (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to any THE WORKING LADY Site, overloading, "flooding", "spamming", "mail bombing" or "crashing"; or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
- Defer any contact from an employer to any agent, agency, or other third party;
- Set more than one copy of the same resume / job profile to public at any one time;
- Solicit passwords or personally identifiable information from other Users;
- Post any jobs on any THE WORKING LADY Site for any competitor of the Company or posting jobs or other content that contains links to any site competitive with THE WORKING LADY;
- Post jobs or content on any THE WORKING LADY Site that contain any hyperlinks, email addresses, HTML Tags, "hidden" keywords or any keywords that are irrelevant to the job or are otherwise misleading contained in a job posting are prohibited;
- Use any THE WORKING LADY Site Resume Database for any purpose other than as an employer seeking employees, including but not limited to using the information in the Resume Database to sell or promote any products or services;
- Post or submit to any THE WORKING LADY Site any incomplete, false or inaccurate biographical information or information which is not your own or any misleading information;
- Post on any THE WORKING LADY Site any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (except for postings that make clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling, in which case such postings are permissible), requires recruitment of other members, subdistributors or sub-agents;
- Post the names, logos or trademarks of unaffiliated companies other than those of your customer save where expressly agreed by the Company;
- Post the names of colleges, cities, states, towns or countries that are unrelated to the posting;
- Post more than one job or job description, more than one location, or more than one job category, unless the product so allows;
- Post any material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone who is of an age of less than 18 years.
- Post jobs that require citizenship of any particular country or lawful permanent residence in a country as a condition of employment, unless otherwise required in order to comply with law, regulations, executive order, or federal, state or local government contract;
- 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;
- Sell, promote or advertise products or services, unless otherwise agreed to contractually agreed by the Company;
- Request the use of human body parts or the donation of human parts, including, without limitation, reproductive services such as egg donation and surrogacy;
- Endorse a particular political party, political agenda, political position or issue;
- Promote a particular religion, faith or belief;
- Send unsolicited mail or e-mail, making unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of products or services to a user of any THE WORKING LADY Site;
- Delete or revise any material posted by any other person or entity;
- Take any action that imposes an unreasonable or disproportionately large load on any THE WORKING LADY Site's infrastructure;
- .Use any data mining, robots or similar data gathering or extraction methods. Notwithstanding anything to the contrary contained herein, use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search any THE WORKING LADY Site other than the search engine and search agents available from the Company on such THE WORKING LADY Site.
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of any THE WORKING LADY Site
- Aggregate, copy or duplicate in any manner any of the THE WORKING LADY Content or information available from any THE WORKING LADY Site including expired job postings, other than as permitted by these Terms
- Frame or link to any of THE WORKING LADY Content or information available from any THE WORKING LADY Site.
- The Company also specifically prohibits any use / insertion of any of the User’s URL, web link, e mail address and website while posting any job on THE WORKING LADY and all Users agree not to use / insert any of the User’s URL, web link, e mail address and website while posting any job on THE WORKING LADY.
On non conformance by users of any of the aforesaid terms as envisaged in this section 4 , THE WORKING LADY may in its sole discretion, restrict or terminate the offending User's ability to access the THE WORKING LADY Site(s) and determine whether to take any other actions or to remove or request the removal of the User Content. THE WORKING LADY has no liability or responsibility to Users for performance or non performance of such activities. Additionally, THE WORKING LADY has the right to initiate appropriate proceedings against the offending user as per law.
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USER CONTENT AND SUBMISSIONS
You agree and acknowledge that you are solely responsible for your account information, content, messages or other information ("User Content") that you submit, publish or display on any THE WORKING LADY Site or transmit to other Users. By posting User Content to any THE WORKING LADY Site, You automatically grant, and You represent and warrant that You have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such User Content and to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses thereof.
By posting User Content to any public or non-public area of any THE WORKING LADY Site, including message boards, forums, contests and chat rooms, You grant the Company and its affiliates the loyalty-free, perpetual, irrevocable, sublicense able (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the User Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant the license stated above.
You agree that any email send by an employer to a jobseeker for any prospective job opportunity through THE WORKING LADY may be stored at the account of the said jobseeker in THE WORKING LADY for at least a period of 365 days, to, interalia, enable the said jobseeker to access the email, as send by the employer, to take a conscious decision about the job offer in the said email.
The Company acts as a passive conduit for the online distribution and publication of User Content and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring User Content posted by Users. However, the Company may review and delete any User Content that, in the sole judgment of THE WORKING LADY, violates these Terms of Use, violates applicable law, rule or regulation, is offensive or illegal or violates the rights of, harms or threatens the safety of Users of any THE WORKING LADY Site. The Company reserves the right to expel Users and prevent their further access to the THE WORKING LADY Sites for violating the Terms of Use or applicable law, rule or regulation and the right to remove User Content which is in violation of the Terms of Use, abusive, illegal, or disruptive. The Company reserves the right to archive the user content folders which were not being accessed for a period of 6 months or more by the relevant users after its last access. In such event users will be able to access the archive folders with minor limitations including but not limited to non availability of the options of move to another folder, renew jobs associated with the said folders. The Company may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes it may create liability for the Company or may cause the Company to lose (in whole or in part) the services of its ISPs or other suppliers.
Who engages in any illegal or prohibited conduct or otherwise violates these Terms of Use, including without limitation, removing the User Content from the THE WORKING LADY Sites and/or terminating the offending User's ability to access the THE WORKING LADY THE WORKING LADY reserves the right in its sole discretion to investigate and take legal action against anyone Sites and/or use THE WORKING LADY services. The Company may take any other action with respect to User Content or User actions that it deems necessary or appropriate in its sole discretion if it believes it may create liability for the Company or may cause the Company to lose (in whole or in part) the services of its ISPs or other suppliers.
We appreciate hearing from our Users and welcome your comments regarding our services and the THE WORKING LADY Sites. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submission"), the submission shall be the property of the company. None of the Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. The Company shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person who submitted the Submission.
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REGISTRATION AND PASSWORD
You are responsible for maintaining the confidentiality of your account access information and passwords. You shall be responsible for all uses of your Web Site registrations and passwords, whether or not authorized by you. The log in information created for the purpose of accessing THE WORKING LADY is to be used solely by the person / authorized representative of the company who has registered with the Web Site. The Company reserves the right to store the access information including the IP address of the computer / device from where the Web Site was accessed. You are not authorized to share your password or other account access information with any other party, temporarily or permanently, and breach of this obligation may tantamount to disabling the THE WORKING LADY account and THE WORKING LADY Services, at the sole discretion of the Company and terminating the contract with You. You agree to immediately notify the Company of any unauthorized use of your Account, and passwords.
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ADDITIONAL TERMS APPLICABLE TO EMPLOYERS.
You are responsible for maintaining the confidentiality of your employer account, Profile and passwords, as applicable. You may not share your password or other account access information with any other party, temporarily or permanently, and you shall be responsible for all uses of Your THE WORKING LADY Site registrations and passwords, whether or not authorized by you. You agree to immediately notify THE WORKING LADY of any unauthorized use of your employer account, Profile, or passwords.
Employers are solely responsible for their postings on THE WORKING LADY Sites. THE WORKING LADY is not to be considered to be an employer with respect to your use of any THE WORKING LADY Site and THE WORKING LADY shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on any THE WORKING LADY Site
You understand and acknowledge that if you cancel your employer account or your employer account is terminated, all your account information from THE WORKING LADY, including saved resumes, network contacts, and email mailing lists, will be marked as deleted in and may be deleted from THE WORKING LADY's databases. Information may continue to be available for some period of time because of delays in propagating such deletion through THE WORKING LADY’s web servers. You further understand and acknowledge, upon the termination of employer account, THE WORKING LADY shall have no obligation or responsibility to return your account information, and You agree and undertake not to have / make any claims for such account information.
Candidate profiles derived from User Content may also be made available through the Sites. THE WORKING LADY does not make any representations regarding the accuracy or validity of such derived works or their appropriateness for evaluation by employers. Derived profiles may vary significantly from User Content
You shall use the THE WORKING LADY Resume Database as provided in these Terms and in any contract you have with THE WORKING LADY. You shall use the THE WORKING LADY Resume Database in accordance with all applicable privacy and data protection laws, and you agree you shall not further disclose any of the data from THE WORKING LADY Resume Database 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.
You shall take appropriate physical, technical, and administrative measures to protect the data you have obtained from THE WORKING LADY Resume Database from loss, misuse, unauthorized access, disclosure, alteration or destruction. You shall not share Resume Database seat-based license login credentials with any other party, nor share Resume Database pay-per-view license login credentials with any party.
The THE WORKING LADY Resume Database shall not be used for any purpose other than as an employer seeking employees, including but not limited to advertising promotions, products, or services to any resume holders;
The THE WORKING LADY Resume Database shall not be used to make unsolicited phone calls or faxes or send unsolicited mail, email, or newsletters to resume holders or to contact any individual unless they have agreed to be contacted (where consent is required or, if express consent is not required, who has not informed you that they do not want to be contacted);
. THE WORKING LADY Resume Database shall not be used to source candidates or to contact job seekers or resume holders in regards to career fairs and business opportunities prohibited by these Terms of Use.
THE WORKING LADY RESERVES THE RIGHT TO REMOVE ANY JOB POSTING OR CONTENT FROM ANY THE WORKING LADY SITE, WHICH IN THE REASONABLE EXERCISE OF THE WORKING LADY’S DISCRETION, DOES NOT COMPLY WITH THE ABOVE TERMS, OR IF ANY CONTENT IS POSTED THAT THE WORKING LADY BELIEVES IS NOT IN THE BEST INTEREST OF THE WORKING LADY. IF AT ANY TIME DURING YOUR USE OF THE THE WORKING LADY SERVICES, YOU MADE A MISREPRESENTATION OF FACT TO THE WORKING LADY OR OTHERWISE MISLED THE WORKING LADY IN REGARDS TO THE NATURE OF YOUR BUSINESS ACTIVITIES, THE WORKING LADY WILL HAVE GROUNDS TO TERMINATE YOUR USE OF THE THE WORKING LADY SERVICES.
IN ORDER TO ENSURE A SAFE AND EFFECTIVE EXPERIENCE FOR ALL OF OUR CUSTOMERS, THE WORKING LADY RESERVES THE RIGHT TO LIMIT THE AMOUNT OF DATA (INCLUDING RESUME VIEWS) THAT MAY BE ACCESSED BY YOU IN ANY GIVEN TIME PERIOD. THESE LIMITS MAY BE AMENDED IN THE WORKING LADY’S SOLE DISCRETION FROM TIME TO TIME.
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ADDITIONAL TERMS APPLICABLE TO JOB SEEKERS
When you register with any THE WORKING LADY Site either by directly logging onto the portal or by physical registration means like paper registration by either contact THE WORKING LADY directly or through one of its vendors, You will be asked to create an account and provide the Company with certain information including, without limitation, a valid email address.
Any Profile you submit must be accurate and describe you, an individual person. The Profile requires standard fields to be completed and you may not include in these fields any telephone numbers, street addresses, email addresses or other means of contacting you, other than your last name and URLs.
You acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume or material contained therein placed by you on the THE WORKING LADY Sites.
By registering with THE WORKING LADY, You acknowledge and agree to be contacted by the employer as referred to under the Terms of Use herein.
THE WORKING LADY reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter or you have agreed to receive, such offers may be made by THE WORKING LADY or by third parties. Please see THE WORKING LADY's Privacy Policy, for further details regarding Your Information.
You understand and acknowledge that You have no ownership rights in Your account and that if You cancel Your THE WORKING LADY account or Your THE WORKING LADY account is terminated, all Your account information from THE WORKING LADY, including resumes, Profiles, cover letters, saved jobs, questionnaires will be marked as deleted in and may be deleted from THE WORKING LADY's databases and will be removed from any public area of the THE WORKING LADY Sites. Information may continue to be available for some period of time because of delays in propagating such deletion through THE WORKING LADY’s web servers. In addition, third parties may retain saved copies of Your Information. You further understand and acknowledge, upon the termination of employer account, THE WORKING LADY shall have no obligation or responsibility to return your account information, and You agree and undertake not have / make any claims for the account information.
THE WORKING LADY reserves the right to delete your account and all of Your Information after a significant duration of inactivity.
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DATA PRIVACY AND SMS ALERTS
In the context of the 'alerts' service being introduced by THE WORKING LADY; the candidate consents to the use of his personal data in the form of cellular phone number(s) being used by THE WORKING LADY to forward relevant job alerts and other information as and when they become available.
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Refund and Cancellation policy
This refund and cancellation policy outlines how you can cancel or seek a refund for the services that you have purchased through the Platform. Under this policy:
- The subscription charge of Rs. 1000/- is refundable in the case where the customer pays the subscription charge but chooses not to take any interviews of the candidate due to any reason. (The Application money will be refunded for a 24 hours worker booking only if THE WORKING LADY is unable to line up a minimum of one candidate for interview within 10 working days of paying the advance money due to the limitations of our team. Processing fee of Rs.300 will be deducted.)
- The application money of Rs. 1000/- may be refunded only if THE WORKING LADY is unable to line up any candidates for interview due to the non-availability of required HELP within 15 working days of giving us application money. (No Refund will be made in any case where the Conference call process has started i.e. the client has done at least one conference call interview with a worker.)
- Since the salary expectation of maid keep changing it might not be possible to find a maid in the same salary as your previous maid in case of replacement. NO REFUND claims will be entertained if you cannot revise your salary budget according to on-going market rate. However we will try it level best to try and find a new maid in same salary.
- The Client agrees that the maid will be not be tortured, harmed mentally or physically. Also the Client cannot increase the work or reduce the salary of the maid other than what was discussed during the interview and mentioned in the agreement, without informing THE WORKING LADY and mutual agreement with the Househelp. If the maid leaves due to any such reason, THE WORKING LADY will not replace the maid and NO REFUND will be initiated.
- Conditions to Meet for Placement Fee Refund:
If Zero Replacements are used at the time of raising the refund request: 50% of Placement Fee Between day 1- 15 days of placement 25% of Placement Fee Between 15 days - 30 days of placement 0% of Placement Fee Post 30 days of Placement
- Under no circumstance a refund request will be entertained where the client has not paid the salary dues in full for the worker hired through THE WORKING LADY
- Cancellations will only be considered if the request is made 15 days of placing the order. However, cancellation requests may not be entertained if the orders have been communicated to such sellers / merchant(s) listed on the Platform and they have initiated the process of shipping them, or the product is out for delivery. In such an event, you may choose to reject the product at the doorstep.
- THE WORKING LADY (PROP: DIPTENDRA MAHESH GUPTA) does not accept cancellation requests where the process of hiring a candidate has started.
- NO REFUND claims will be entertained if you cannot revise your salary budget according to on-going market rate for the replacements.
- However, the refund / replacement can be made in alliance with the cause mentioned in point E.
- In case of receipt of non-satisfied services, please report to our customer service team. The request would be entertained after succefful verification of the case. This should be reported within 15 days of application. In case you feel that the service received is not as shown on the site or as per your expectations, you must bring it to the notice of our customer service within 15 days of application. The customer service team after looking into your complaint will take an appropriate decision.
- In case of complaints regarding the services that come with the candidate, please refer the issue to them before reaching out to us.
- In case of any refunds approved by THE WORKING LADY (PROP: DIPTENDRA MAHESH GUPTA), it will take 7 days for the refund to be processed to you.
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RESUME WRITING SERVICE
The Company shall provide resume writing service to the job seekers registered at THE WORKING LADY (“Resume Writing Service”). The resume of the job seekers shall be prepared by the Company based on the information provided by the job seekers. For the purpose of providing the Resume Writing Service to the job seekers, the Company shall have the prerogative and liberty to decide on the form and format of resume prepared for the job seekers. Although the Company will endeavour to provide the resume to the satisfaction of the job seekers, it reserves the right on the manner of usage of content / form or any any graphical representation made in the resume as it deems fit. The Company shall not be held responsible and job seekers shall not take any action against the Company in the event, the job seeker does not like the design or the manner of usage of the information provided in the resume, unless such information included in the resume is different from the information provided by the job seeker for the Resume Writing Service.
You, as a job seeker, agree and acknowledge that the Resume Writing Service will be provided to You based on the information provided by You and upon agreement between the job seeker and the Company of the Terms of Use. Notwithstanding the reasonable efforts in terms of screening the details of the job candidates whose job profiles are provided in the Website, through a third party service provider as referred in Clause 12.1 below, the Company is not responsible and shall not be held liable for claims / actions made by any party against the Company in relation to the authenticity of the information provided by You.
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LIABILITY OF THE COMPANY
The THE WORKING LADY and other THE WORKING LADY Sites act as, among other things, venues for (i) employers to post job opportunities and search for and evaluate job candidates and candidates to post resumes and Profiles and search for and evaluate job opportunities. Whilst the Company has taken reasonable efforts in terms of screening the details of the job candidates whose job profiles are provided in the Website, through a third party service provider (the information / documentation with the respect such screening shall be provided by the Company to the employer), including for the purpose of the Resume Writing Service, the Company is not involved in the actual transaction between employers and candidates. The background verification services for the purpose of the screening the details of the job candidates whose job profiles are provided in the Website is outsourced to a third party service provider. In the event of any ambiguity, in Your opinion, with respect to the details of the job seeker provided in regard hereto, You may contact the third party service provider directly, the details of which shall be provided by the Company, upon request in writing. As a result, You agree, understand and acknowledge that:
- the Company is not responsible for User Content, the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings and the Company makes no representations about any jobs, resumes or User Content on THE WORKING LADY and the other THE WORKING LADY Sites. While THE WORKING LADY reserves the right in its sole discretion to remove User Content, job postings, resumes or other material from the THE WORKING LADY Sites from time to time, THE WORKING LADY does not assume any obligation to do so and to the extent permitted by law, disclaims any liability for failing to take any such action.
- In addition to the foregoing, there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the THE WORKING LADY Sites. By its very nature other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabelled or deceptively labelled. We expect that You will use caution and common sense when using the THE WORKING LADY and other THE WORKING LADY Sites, notwithstanding the efforts and endeavors that are undertaken by THE WORKING LADY to protect Your interest.
- Despite the reasonable efforts that THE WORKING LADY undertakes in checking the veracity of the job profiles in the Website, THE WORKING LADY cannot and does not confirm that each User is who they claim to be. Because the Company does not and cannot be involved in User-to-User dealings or control the behaviour of participants on any THE WORKING LADY Site. You agree and acknowledge that the Company is responsible for sharing the information shared by the job-seeker in THE WORKING LADY with the employer in terms herein. Upon sharing such information, the Company is not responsible for the dealings / engagements between the job-seeker and the employer. Notwithstanding the steps undertaken by the Company in relation to the screening of the job candidates / job seekers whose job profiles are provided in the Website, the onus and responsibility lies with the employer to satisfy itself with the authenticity and credibility of the job seeker. You agree and acknowledge that despite the screening of the credentials of the job candidates / job seekers by the Company, any action / inaction of the job candidates / job seekers that may be detrimental to the employer / any other party cannot be foreseen and preempted. In the event that You have a dispute with one or more Users, including in relation to the screening of the details of the job candidates whose job profiles are provided in the Website, You release THE WORKING LADY (and our agents and employees) from claims, demands and damages (actual and consequential and 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 to the fullest extent permitted by law.
- The THE WORKING LADY Sites and the THE WORKING LADY Content may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of any THE WORKING LADY Site or the THE WORKING LADY Content. The use of all THE WORKING LADY Sites and the THE WORKING LADY Content is at your own risk. The Company cannot guarantee and does not promise any specific results from use of any THE WORKING LADY Site. No advice or information, whether oral or written, obtained by a User from THE WORKING LADY or through or from any THE WORKING LADY Site shall create any warranty not expressly stated herein.
- You acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume or material contained therein placed by you on the THE WORKING LADY Sites. Employers are solely responsible for their postings on THE WORKING LADY Sites. The Company is not to be considered to be an employer with respect to your use of any THE WORKING LADY Site and the Company shall not be responsible for any employment decisions, for whatever reason made, made by any entity posting jobs on any THE WORKING LADY Site.
The Company encourages You to keep a back-up copy of any of Your User Content. To the extent permitted by law, in no event shall the Company be liable for the deletion, loss, or unauthorized modification of any User Content.
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LIMITATION OF LIABILITY.
IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU OR ANY USER ON ACCOUNT OF ANY USE, MISUSE OR RELIANCE ON THE SITE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF THE COMPANY IS AWARE OF OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE SITE. WE DO NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, CONTENT, PRODUCT, SERVICES, OR PROCESSES DISCLOSED ON THE SITE OR ANY OTHER MATERIAL OR INFORMATION ACCESSIBLE FROM THE SITE.
THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES/THEFT/CRIMINAL ACTIVITY DONE BY THE PERSON PLACED BY THE WORKING LADY AT THE EMPLOYERS END. IF THE MAID/BABYSITTER OR ANY OTHER PERSON PLACED BY THE WORKING LADY, THE EMPLOYER IS WHOLELLY AND SOLELY RESPONSIBLE FOR THE CONDUCT AND CANNOT HOLD THE WORKING LADY RESPONSIBLE FOR THE SAME. THE EMPLOYER IS HIGHLY RECOMMENDED TO GET A POLICE VERIFICATION DONE OF THE JOBSEEKER/MAID/BABYSITTER OR ANY OTHER ELSE THAT THEY HIRE THROUGH THE WORKING LADY. IN ANY EVENT OF CRIMINAL/CIVIL CRIME DONE BY THE MAID/BABYSITTER OR ANY OTHER PERSON PLACED BY THE WORKING LADY, NEITHER THE COMPANY NOR ITS VENDORS WOULD BE LIABLE.
WE ARE NOT EMPLOYERS OF THE JOBSEEKERS/MAID/BABYSITTERS/COOKS/ELDERLY CARE TAKER. EMPLOYERS MAY SEEK THE SERVICES OF THE JOBSEEKERS/MAID/BABYSITTERS/COOKS/ELDERLY CARE TAKER THROUGH THE USE OF THE WORKING LADY AND JOBSEEKERS/MAID/BABYSITTERS/COOKS/ELDERLY CARE TAKER MAY EITHER DIRECTLY OR THROUGH A VENDOR POST THEIR PROFILE ON THE WORKING LADY. However, if an EMPLOYER (THAT IS YOU) agree on the provision of services from an individual/JOBSEEKERS/MAID/BABYSITTERS/COOKS/ELDERLY CARE TAKER, company or agency we or THE WORKING LADY identifies through any of those Services, such agreement is solely between YOU and the individual; neither THE WORKING LADY nor its agency/vendor is a party to any such agreement.
THE WORKING LADY contracts with agencies that have entered into an agreement with us pursuant to which they represent that each of their individual Jobseekers/Maids/Baby Sitters/Cook/Patient Care or any other individual has passed a vigorous screening process including document checks. This may or may not include a formal police verification ,background and reference checks. However, each such agency operates independently of THE WORKING LADY and is not under our control. Any issues concerning the conduct of a Employer/You or Jobseekers/Maids/Baby Sitters/Cook/Patient Care or any other individual including, without limitation, the services received by the Employer/You or payment due to the Jobseekers/Maids/Baby Sitters/Cook/Patient Care or any other individual, must be resolved directly by the Employer/You and the Jobseekers/Maids/Baby Sitters/Cook/Patient Care or any other individual. THE WORKING LADY will not be held responsible and expressly disclaims any liability whatsoever for any claims, demands or damages direct or 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 issues. By using this Site or our Services, you do hereby represent, understand, and expressly agree to hold THE WORKING LADY harmless for any claim or controversy that may arise from any disputes between you and any Employer/You, Jobseekers/Maids/Baby Sitters/Cook/Patient Care or any other individual or other user(s) of the Site. You agree to take reasonable precautions in all interactions with Employer/You, Jobseekers/Maids/Baby Sitters/Cook/Patient Care or any other individual or other users of the Site or the Services, particularly if you decide to meet offline. Again we highly recommend that you get a formal police verification done of the maid either by us or using a third party agency for the same. By using the Site or the Services, you do hereby agree to report any alleged improprieties of any users therein to THE WORKING LADY immediately by notifying THE WORKING LADY of the same via electronic correspondence.
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DISCLAIMER OF WARRANTY
THE COMPANY DOES NOT WARRANT THAT ANY THE WORKING LADY SITE WILL OPERATE ERROR-FREE OR THAT ANY THE WORKING LADY SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOU’RE USE OF ANY THE WORKING LADY SITE OR THE THE WORKING LADY CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE THE WORKING LADY SITES AND THE WORKING LADY CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT POSSIBLE BY LAW, THE WORKING LADY DOES NOT WARRANT THAT ANY THE WORKING LADY SITE OR ANY THE WORKING LADY SERVICES WILL OPERATE ERROR-FREE OR THAT ANY THE WORKING LADY SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOU’RE USE OF ANY THE WORKING LADY SITE OR THE THE WORKING LADY CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, THE WORKING LADY IS NOT RESPONSIBLE FOR THOSE COSTS. THE THE WORKING LADY SITES AND THE WORKING LADY CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE WORKING LADY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NONINFRINGEMENT. THE WORKING LADY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE THE WORKING LADY CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
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LINKS TO OTHER SITES.
The THE WORKING LADY Sites contain links to third party Web sites. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents on such third-party Web sites. THE WORKING LADY is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If you decide to access linked third-party Web sites, you do so at your own risk.
The Company does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through any THE WORKING LADY Site, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of such third party products or services, under the terms agreed to by the provider.
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INDEMNITY
You agree to defend, indemnify, and hold harmless the Company, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material You provide to any THE WORKING LADY Site, including for the purpose of Resume Writing Service (ii) Your use of any THE WORKING LADY Content, or (iii) Your breach of these Terms. THE WORKING LADY shall provide notice to you promptly of any such claim, suit, or proceeding.
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TERM AND TERMINATION
These Terms of Use will remain in full force and effect while you are a User of THE WORKING LADY at any level. The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your User Content from THE WORKING LADY and the other THE WORKING LADY Sites and immediate termination of your registration with or ability to access THE WORKING LADY and the other THE WORKING LADY Sites and/or any other services provided to You by the Company, upon any breach by You of these Terms of Use or if the Company is unable to verify or authenticate any information You submit to THE WORKING LADY or other THE WORKING LADY Site registration. The Company shall have the right terminate Your registration in terms under this Terms of Use.
Even after You are no longer a User of THE WORKING LADY, certain provisions of these Terms of Use will remain in effect, including Sections 2, 4.2, 7 through 16, 17.2, 18,19.1, 19.2, 19.3 and 19.4.
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GRIEVANCE REDRESSEL
The aggrieved user may submit their grievances by addressing to:
By post / mail:
The Director 101/B, Madhav Sankalp, Godrej Hill, Khadakpada, Kalyan West, THANE 421301, MAHARASHTRA , India By telephone : +91 7021807773 By e mail : contact@THE WORKING LADY
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GENERAL.
ASSIGNMENT:You may not assign or sub-license the rights, duties or obligations under the Terms of Use, in whole or in part, to any person or entity without the prior written of THE WORKING LADY.
RELATIONSHIP BETWEEN PARTIES: It is expressly agreed that THE WORKING LADY and You are independent contractors.
GOVERNING LAW AND JURISDICTION: Any disputes arising between You and THE WORKING LADY is to be governed by and construed in accordance with the laws of India. The courts in Mumbai in the State of Maharashtra (India) shall have exclusive jurisdiction over disputes relating to the subject matter under this Terms of Use.
SEVERABILITY AND WAIVER: If any provisions of these Terms of Use are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term.
ENTIRE AGREEMENT: The Terms of Use including the THE WORKING LADY Privacy Statement constitute the entire agreement between You and the Company with respect to the use of THE WORKING LADY site.
These “Terms of Use” and “THE WORKING LADY Privacy Statement” of THE WORKING LADY site constitute a binding agreement between You and THE WORKING LADY, and is accepted by You upon your use of the THE WORKING LADY Site.