1 - Acceptance of Terms
YOU ACKNOWLEDGE AND UNDERSTAND THAT GIGIN IS A PRIVATE LIMITED COMPANY AND IS NOT AN ENTITY THAT IS ADMINISTERED BY GOVERNMENT ORGANIZATION.
YOU ACKNOWLEDGE AND UNDERSTAND THAT YOUR USE OF THE SERVICES DOES NOT GUARANTEE YOU ANY PARTICULAR OUTCOME OR SUCCESS, OR THAT YOU WILL OBTAIN EMPLOYMENT THROUGH THE SERVICES.
2 - Eligibility
4 - Description of Services
The Services may include advertisements, which may be targeted to Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Gigin on the Services are subject to change.
In consideration for Gigin granting you access to and use of the Services, you agree that Gigin and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
5 - Your Registration Obligations
6 - User Conduct
You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person or company from whom such Content originated. This means that you, and not Gigin, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Services. Gigin does not control Content posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Gigin be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services.
Accordingly, without limitation, you agree not to use the Services:
- to abuse, harass, threaten, impersonate or intimidate any person;
- to access, post, email, download, reproduce, display, perform, distribute or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or that is unlawful, harmful, threatening, vulgar, invasive of another’s privacy, libelous, defamatory, obscene, pornographic, promotes illegal activities, violent, racist, sexist, homophobic, discriminatory, abusive, or offensive;
- to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user;
- to create or submit unwanted email (“Spam”) to any other user or any URL;
- to “stalk” another user;
- after Gigin has refused registration of, or canceled your account, whether by attempting to register using a different email address, personalized site name or otherwise, to circumvent the account registration process;
- for the benefit of any third party (which shall include, without limitation, allowing more than one person to use a Services account) when not expressly authorized by Gigin;
- to harm minors in any way;
- to impersonate any other person or entity;
- to upload, email, transmit or otherwise make available Content in violation of any contractual or other legal obligation, to which you are bound;
- to upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- to interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
- to intentionally or unintentionally violate any applicable local, state, national or international law;
- to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the Indian government as a foreign terrorist organization pursuant to all the relevant Acts;
- to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Services (including your Gigin ID), use of the Services, or access to the Services;
- to promote or endorse any political issues or candidates;
- to collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through p above;
- to link to any website with Content that is offensive, indecent or objectionable; and/or
- to make offers or solicitations that are not valid, not honored, misrepresentative, illegal or inappropriate.
Additionally, you agree that you will not: (i) take any action that imposes, or may impose in Gigin’s sole discretion an unreasonable or disproportionately large load on Gigin’s infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; or (iii) bypass any measures Gigin may use to prevent or restrict access to the Services.
You understand that the technical processing and transmission of the Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that when using the Service, you will be exposed to Content from a variety of sources, and that Gigin is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Gigin with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Gigin, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Services.
Under no circumstances will Gigin be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
7 - Proprietary Rights
Gigin respects the intellectual property of others and asks users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please send Gigin a notification, under the Digital Millennium Copyright Act 1998 (“DMCA”), from webpage www.giginjobs.com/contact/ Please include the following, as required by the DMCA:
- Identify the copyrighted work(s) you claim is infringed.
- Identify the Content you claim is infringing the copyright(s), and provide enough information for Gigin to reasonably locate that Content.
- Include a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf (the “Claimant”).
- Include the Claimant’s name, address, and telephone number(s).
- Include a statement that the Claimant has a good faith belief that use of the disputed Content is not authorized by the copyright owner or his/her agent.
- Include a statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.
When Gigin receives an infringement notice with all the required information and are able to locate the allegedly infringing Content, Gigin will remove or disable access to the subject Content. Gigin will also take reasonable steps to promptly notify the person who posted the subject Content. Gigin will give them the opportunity to send a counter-notification. A counter-notification must include the following, to be effective under DMCA:
- A physical or electronic signature of the person submitting the counter-notification;
- Identification of the Content that was removed or to which access was disabled and the location at which the Content appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the Content was removed or disabled due to mistake or misidentification of the Content removed or disabled;
- The name, address, email address and telephone number of the person submitting the counter-notification;
- A statement that the person submitting the counter-notification consents to the jurisdiction of District Court or High Court .
Moreover, Gigin may take any action it deems appropriate (in its sole and absolute discretion), including, without limitation, removing, terminating or suspending any Content provided by you or any third party, if Gigin believes for any reason that you or any third party possesses insufficient rights in Content to permit full use or access through the Sites.
All intellectual property rights in and to the Services are and shall be owned by Gigin, absolutely. Those rights include, but are not limited to, database rights, copyright, design rights (whether registered or unregistered), patents, trademarks (whether registered or unregistered) and other similar rights, wherever existing in the world, together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Service are the property of their respective owners.
Gigin’s Rights: As between Gigin and you, Gigin and its affiliates and licensors own and retain all rights in the Services, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Gigin and except to the limited extent expressly prohibited by applicable law, you may not (nor permit others to) reverse engineer, copy, modify, publish, transmit, distribute, perform, display or sell any of Gigin’s proprietary information. Gigin trademarks and service marks and other Gigin logos and product and service names are trademarks of Gigin Technologies Private Limited. Without Gigin’s prior permission, you agree not to display or use in any manner the Gigin Trademarks. Moreover any attempt to use any “spider”, “robot”, “bot”, “scraper” “data miner” or any program, device, algorithm, process or methodology to access, acquire, copy or monitor the Sites or pages, data or content found on the Sites for the purpose of scraping the Services or Content without the prior consent of Gigin is expressly prohibited.
Your Rights: It is your responsibility to ensure that you obtain all consents, authorizations and clearances in any Content owned or controlled by third parties that you access or communicate to others in connection with the Services. Any copying, downloading, burning or distribution capabilities with respect to Content shall not constitute a grant or waiver of any rights of the copyright owners of any Content. The availability of any Content does not transfer to you any commercial or promotional use rights in Content.
You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through the Services, and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content (text, video or content in any form) on or through the Services, you grant Gigin a worldwide, perpetual, non-exclusive, irrevocable, transferable, assignable, royalty-free license (with the right to sublicense) to create derivatives of and to use, store, edit, copy, reproduce, display, archive, reproduce , reprint, process, modify, such Content on the Services for the purpose of displaying, distributing and promoting the Services or any other format or channel. You represent that you have all necessary licenses, rights, consents and permission to provide the User Submission and to grant the foregoing licenses.
Such additional uses by Gigin, or other companies, organizations or individuals who partner with Gigin, may be made with no compensation paid to you with respect to Content that you submit post, transmit or otherwise make available through the Services.
9 - Indemnity
10 - Warranty Disclaimers
Third Party Content. Much of the Content displayed in connection with the Services is developed by people over whom Gigin exercises no control. Accordingly, the Services may include (or direct you to sites containing) Content that some people find objectionable, inappropriate, or offensive. Gigin cannot guarantee that your use of the Services will not expose you to unintended or objectionable Content and Gigin assumes no responsibility for what effects the Content may have on you, how you may interpret or use the Content, or what actions you may take as a result of having been exposed to the Content. You hereby release Gigin from all liability for you having acquired or not acquired Content through the Services. Gigin makes no representations concerning any content contained in or accessed through the Services, and Gigin has not independently verified any of the information provided from third parties. Furthermore Gigin will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services.
GIGIN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENT, MATERIALS, QUALITY, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITES, UNLESS OTHERWISE SPECIFIED IN WRITING. AS SUCH, GIGIN DOES NOT GUARANTEE THE ACCURACY, CORRECTNESS, TIMELINESS, RELIABILITY, NON-INFRINGEMENT, OR COMPLETENESS OF ANY INFORMATION OR CONTENT ON THE SITES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES AND CONTENT IS AT YOUR SOLE RISK.
MOREOVER, THE SERVICES MAY CONTAIN ADVICE, OPINIONS, INSTRUCTIONS AND STATEMENTS FROM GIGIN, ITS USERS, AND OTHER CONTENT AND INFORMATION PROVIDERS. THIS CONTENT IS INTENDED TO BE USED FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU USE THE SITE AND CONTENT AT YOUR OWN RISK. WE STRONGLY URGE YOU TO CONSULT A PROFESSIONAL OR SOME OTHER AUTHORITY IN THE APPROPRIATE FIELD BEFORE USING ANY OF THE CONTENT.
11 - LINKS
The Services may provide, or third parties may provide, links to other websites or other resources. Because Gigin has no control over such sites and resources, you acknowledge and agree that Gigin is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Gigin shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such site or resource. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. You agree not to provide links from your Content that is not related to your Content or is inappropriate.
12 - Interstate Nature of Communications On Gigin Network
13 - Ideas and Suggestions Made To Gigin
By submitting ideas or suggestions to Gigin through its suggestion web pages, if any, you acknowledge and agree that: (a) your ideas and suggestions do not contain confidential or proprietary information; (b) Gigin is not under any obligation of confidentiality, express or implied, with respect to the ideas or suggestions; (c) Gigin shall be entitled to use or disclose (or choose not to use or disclose) such ideas and suggestions for any purpose, in any way, in any media worldwide; (d) Gigin may have something similar to the ideas or suggestions already under consideration or in development; (e) your ideas or suggestions automatically become the property of Gigin without any obligation of Gigin to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Gigin under any circumstances.
14 - Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GIGIN AND ITS SUBSIDIARIES, AFFILIATES, MEMBERS, DONORS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GIGIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. YOU AGREE THAT GIGIN HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OR FAILURE TO STORE ANY CONTENT MAINTAINED OR POSTED BY OR THROUGH THE SITES OR SERVICES.
15 - Modifications to Services
Gigin reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Gigin shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
16 - Termination
Gigin will endeavor to notify you when you’re right to access the Services is about to expire. Upon the expiration of your Services, Gigin maintains the right to delete Content for all users created within your Services account.
You may cancel your access to the Services at any time . To cancel, login to your account and go to the account section and select the Delete Account option.
Gigin also reserves the right to terminate your account for any or no reason with or without notice to you.
Upon termination of your account, your right to use the Services will immediately cease. Gigin’s proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any such termination.
17 - Privacy
18 - Force Majeure
Gigin will not be liable for any delay, interruption or failure in the provisioning of services if caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labor disputes, or other similar events beyond our control that may prevent or delay service provisioning.
19 - Unenforceable Provisions
If any part of this Agreement is found to be invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalid or unenforceable part only, without affecting the remaining parts of this Agreement in any way.
20 - Governing Law
The rights and obligations of the parties pursuant to this Agreement are governed by, and shall be construed in accordance with, the laws of India.
You may be subject to other local, provincial or state and national laws. You hereby irrevocably submit to the exclusive jurisdiction of the Courts of the India for any dispute arising under or relating to this Agreement and waive your right to institute legal proceedings in any other jurisdiction. We shall be entitled to institute legal proceedings in connection with any matter arising under this Agreement in any jurisdiction where you reside, do business or have assets.
21 - Disputes
Notwithstanding the foregoing sentence, (but without limiting, and you hereby acknowledge and agree to, Gigin’s right to seek injunctive or other equitable relief in any court of competent jurisdiction), any disputes arising from or relating to these Terms and Condition (including the enforceability of this Arbitration provision) shall be referred to and administered by a single arbitrator in accordance with the Arbitration and Conciliation Act 1996. The sole arbitrator shall be solely appointed by the Gigin. The written decision of the sole arbitrator shall be final and binding on the parties. The Venue and seat of the Arbitration will be India and language will be English and pursuant to the rules of (and administered by) Arbitration and Conciliation Act 1996. Parties will bear their respective cost of Arbitration and Litigation. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU MAY NOT BRING ANY CLAIM AS A PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHER SIMILARLY SITUATED PERSONS. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by Arbitration and Conciliation Act 1996, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class, representative, or collective basis, or as a private attorney general on behalf of other persons similarly situated, then the entirety of this arbitration provision shall be null and void, and neither you nor Gigin shall be entitled to arbitrate the dispute.
22 - Miscellaneous
1. Terms and Conditions.
2. Conflicts, Use of Terms.