TERMS AND CONDITIONS OF USE OF THE WEBSITE 123
These are terms and conditions for Diago Infotech Private limited with CIN U74999UP2022PTC170848 and having its registered office at HSN 249 Shree Ram Enclave Surajpur Greater Noida. Here “US”, “WE”,“OUR” and “COMPANY” is referred to company itself. We maintain and operate this website being https://www.goduty.in (“Website”) for facilitating job-matching services between candidates (“JobSeeker/Candidate(s)”) and interested employers.
There are two parts to this Website, one being the “Job Classifieds” section which is for the Job Seekers who wish to be hired by various Job posters and another for the Job Posters who wish to hire candidate for various types of jobs. These terms and conditions (“Terms”) govern the use of or access to the Website by the Job Posters/Job seekers in addition to the Privacy Policy of the Company.
Please read these Terms carefully before accessing or using this App. By clicking the “I agree” button below, or by accessing, visiting, scrolling through, browsing, interacting with, registering on and/or using or attempting to use the Website, you (“USER, “YOU”, “YOUR”) agree that you have read, understood, and are agreeing to comply with these Terms as set forth below, which may change from time to time.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT USE OR ACCESS ANY PART OF THIS
WEBSITE. CONTINUED USE OF ANY PART OF THIS Website CONSTITUTES YOUR ACCEPTANCE OF THE
TERMS, AND ANY CHANGES THERETO.
These Terms also include our privacy policy which contains our policy regarding the collection and use of personal information and any other supplementary terms, amendments, policies, or disclaimers made available or issued by us from time to time. From time to time, there may be additional terms about limited period events like contests, offers, promotions etc. (“Additional Terms”) and such terms may be
made part of these Terms and apply to you accordingly. Such additional terms shall prevail over the Terms in the event of a conflict.
You shall receive an email notification in case of any revisions in the terms and conditions of the privacy policy which will have to be accepted in order to continue using the Website We reserve the right, to make changes to these Terms, including any Additional Terms at our sole
discretion. Any such modifications shall become effective immediately upon the update being posted on this page and shall constitute effective communication of the same to you.
Provided further, that your continued access or use of the Website after such posting constitutes your consent to be bound by the Terms and/or Additional Terms, as amended. You agree that these Terms are supported by good and valuable consideration, the receipt and sufficiency of which you hereby acknowledge.
1. User registration
a. For using the Website you will have to first register your details in the Website including but not limited to your name, organization name, details of the designation in case of a representative applying on behalf of an organization/company, email id, telephone number, or any other such details as may be required by the Company for registering you as a Job Poster. You hereby consent to provide the information as may be required by the Company for registering you as a Job Poster through the Website. You represent and warrant that:
(a) all the information submitted by you are accurate, complete, up to date and true (b)you will continue to maintain the accuracy and completeness of such information.
(b). Upon submitting any job postings on the Website, it would be visible in the public domain and also be notified to the candidates who are using the Website.
(c). To provide Services to you, we would need to access certain features of your mobile device like camera, gallery, and storage and you agree to provide such consent without which you would not be able to use the Website for the intended purpose.
(d). You will be able to contact the workers directly on the contact details specified for each job that has been posted. Provided however, you shall ensure to use the details of the workers only for the Purpose specified above and not misuse the information provided.
(e). In case you are a company/corporation in terms of the Companies Act, 2013 you shall ensure to use the licenses provided solely for the Purpose specified above and for no other reason.
(f). If you want to anytime delete your account, you shall contact the Company by sending an email to
support@goduty.in and the Company would process the request for deletion of the account. Provided
however, the information provided by you shall be retained for compliance as may be required under
various applicable laws.
2. Purpose
The JC is intended to serve as a preliminary medium of contact and exchange of information for
candidates across India and organizations/firms/employers looking for candidates concerning genuine
existing job vacancies and other career enhancement services. The services being provided to the Job
Posters to get Job Seekers for their employment needs with ease and vice versa.
3. Eligibility
Use of the Website including registering on the Website is available only to persons who can enter into
legally valid and binding contracts under the Indian Contract Act, 1872 and Companies Act, 2013 and
within the territory of India. Persons/Entities who are "incompetent to contract" within the meaning of
the Indian Contract Act, 1872, Companies Act, 2013, including persons below the age of 18 years,
undischarged insolvents etc, are not eligible to use the Website. You represent and warrant that you are
competent to contract as per the Indian Contract Act, 1872 and also have the authority to execute in
accordance with the Companies Act, 2013 (as may be applicable) that you have the right, authority, and
capacity to use the Website. We reserve the right to revoke your registration, indefinitely suspend or
terminate or refuse and/or block access to the Website, if it is brought to our notice or if it is discovered
that you are incompetent to contract under the Indian Contract Act, 1872/ Companies Act, 2013 and/or
lack the rights, authority, or capacity to use the Website. We disclaim all liabilities for any harm caused
to you or any corporate entity, if applicable, on account of using the Website in violation of this
provision.
4. License
The Company grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license
to access and use the Website solely for the Purpose mentioned above and for no other reason and
strictly in accordance with these Terms. You are responsible for all activity that occurs under your
Account, and you agree to always maintain the security and secrecy of your account username and
password and shall be liable for any actions that occur on account of non-maintenance of security and
secrecy of your account. You agree to notify us immediately of any breach of security or unauthorized
use of your account. In the case of a corporate entity, you shall ensure that the license is provided only
to authorized representatives of the corporate entity and not to any third party and shall further
indemnify and keep the Company against any claims/damages caused due to misuse of license.
5. Restrictions on the license - You shall not either yourself or in the case of a corporate entity, through
its representatives, director, employees, agents:
a. Republish, reproduce, modify, distribute, prepare derivative works, license, lease, sell, resell, publicly
display, publicly perform, transmit, stream, broadcast or otherwise exploit the Website, or parts of it,
except in accordance with these Terms. Your use of the Website is also subject to community guidelines.
b. Remove any copyright, trademark or any other proprietary information from the Website.
c. Share the licenses with any third party except the authorized representative of the corporate entity.
d. Use the Website to host, display, upload, post, modify, publish, transmit, update, distribute, share,
store, download, retain, destroy, any information, which is in violation or intends to violate any
applicable law or regulations, or, which violates any contractual obligation, or, which may potentially be
perceived as being harmful, threatening, abusive, harassing, defamatory, vulgar, racially or ethnically
objectionable, hurts the religious sentiments of any community, or, infringes the intellectual property of
any person, or, is or renders any information as fraudulent, misleading or deceiving in any way;
e. impersonates as another person or upload, post, share, publish, transmit any information about any
third party that enables or facilitates impersonation of or by any third party;
f. Use any information accessed through the Website, to make any unauthorized representation or
misrepresentations including but not limited to false propositions, fake offerings, etc, directly or
indirectly, to any third party.
g. Use the Website to upload, post, email, transmit or otherwise make available either directly or
indirectly, any unsolicited content, whether in bulk or otherwise;
h. Cause or launch any programs or scripts to scrape, index, surveying or otherwise data mining any
portion of the Website or burden the Website with an unreasonable or disproportionately large load or
hinder the operation and/ or functionality of any aspect of the Website;
i. Attempt to gain or gain unauthorized access or exceed the scope of authorized access to the Website
or impair any aspect of the Website;
j. Involve in an act of reverse engineering, decompiling, disassembling, deciphering or otherwise
attempting to derive the source code for the Website or any related technology or any part thereof;
k. Engage in framing, mirroring, or otherwise simulating the appearance or function of the Website;
l. use network-monitoring software to determine the architecture of or extract usage data from the
Website
m. Attempt to, or the breach, circumvent, disable, or otherwise interfere with security or authentication
measures without proper authorization;
n. Provide deep links into the Website without prior permission of the Company;
o. Collect or harvest any personally identifiable information from the Website including, without
limitation, usernames, passwords, email addresses, employment details, government-issued
identification numbers, photographs etc, in an unauthorized manner.
p. Violate any applicable central, state, and local laws or encourage conduct that violates any central,
state or local laws.
q. Create more than one account for yourself or on behalf of any third party, unless otherwise permitted
by the Company in writing.
r. Assign or otherwise transfer your Account/licenses issued to any person or entity.
s. Use the Website for any illegal or unlawful purposes.
t. In your use of the Website, cause nuisance, annoyance, inconvenience to or property damage to any
third parties.
You agree to cooperate fully with us to investigate any suspected or actual activity that is in breach of
these Terms.
6. Intellectual Property Rights The Website and all rights therein are and shall remain the property of the
Company or its affiliates, associates, clients, and business partners. These Terms neither convey nor
grant to you any rights:
(i) in or related to the Website except for the limited license granted above; nor
(ii) to use or reference in any manner the Company’s names, logos, products and service names,
trademark or service marks or those of its affiliates, associates, clients or business partners.
7. User-Provided Content
a. At the Company’s sole discretion, the Website may permit you from time to time to publish, upload,
transmit through or otherwise make available on the Website the (collectively, “submit”) multiple job
postings, job descriptions, files, documents, textual, audio and visual content and information,
commentary and feedback related to the services, support requests for registration and usage of the
Website which may also be uploaded from your personal library or storage in your phone. (Collectively
referred to as “User Content”)
b. By posting/uploading a job posting on the Website you confirm that you have obtained all
licenses/permits as are necessary for recruitment and to indemnify the Company against all claims,
damages arising out of actions/claims that may be made in relation to the same.
c. The User Content and the information contained therein shall at all times be true, accurate, current
and complete, and in a form and manner permitted by the Website. If there is any change in User
Content, you undertake to immediately update the true and complete information. This obligation shall
be applicable at all times during your usage of the Website. You agree that if you provide any User
Content that is untrue, inaccurate, not current, or incomplete or we have reasonable grounds to suspect
that such information is untrue, inaccurate, not current or incomplete, or not by these Terms, you shall
be unable to access the Website or the offerings thereunder and/or we shall have the right to
indefinitely suspend or terminate or block your access to the Website, as the case maybe. The Company
will not be liable to you or any third party, on account of any incomplete, inaccurate or outdated
information on the Website.
d. You also acknowledge that the Company may share information about you including any part of the
User Content with their subsidiaries/affiliates/group companies to facilitate, support and integrate the
websites/products of such subsidiaries/affiliates/group companies and also improve our services.
e. You agree that you will provide only such User Content, as is mandated by the Website, and not
submit any information that is excessive or irrelevant.
f. You represent, warrant, and covenant that:
i. You either are the sole and exclusive owner of the User Content or have all rights, licenses, necessary
to grant go to the Company, its affiliates, clients, associates and business partners, the license to the
User Content as outlined in the Terms.
ii. you will not submit any User Content that:
1. is protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property
or proprietary right without the express permission of the owner of the respective right. You are solely
liable for any damage resulting from your failure to obtain such permission or from any other harm
resulting from the User Content that you submit.
2. impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or
publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable;
3. encourages or advocates, either directly or indirectly, any conduct that would constitute a criminal
offence, give rise to civil liability or otherwise violate any law, or discusses an intent to commit an illegal
or immoral act;
g. By submitting User Content, you automatically grant, or warrant that the third party has duly
authorized you to grant to us, our affiliates, our clients, associates and business partners, a worldwide,
royalty-free, perpetual, irrevocable, non-exclusive, fully sub-licensable, and transferable right and
license to use, share, reproduce, distribute, create derivative works based upon (including, without
limitation, translations), publicly display, publicly perform, transmit, and publish the User Content (in
whole or in part) (to the extent permitted under applicable laws), as we, in our sole discretion, deem
appropriate including, without limitation,
(1) in connection with our business, including without limitation, for products, services, marketing or
advertising; and
(2) in connection with the businesses of our affiliates, successors, parents, subsidiaries, and their related
companies. We may exercise this grant in any format, media or technology now known or later
developed for the full term of any copyright that may exist in such User Content. Notwithstanding the
foregoing, you have, represent and warrant that the relevant third parties have waived any claims
you/they may now or later have in any jurisdiction to so-called “moral rights” concerning the User
Content.
h. To the extent permitted under the applicable law, we reserve the right to display advertisements in
connection with the User Content and to use the User Content for advertising and promotional
purposes. You agree, represent and warrant that the third parties have agreed, that the User Content
may be included on the websites and advertising networks of our distribution partners and third-party
service providers (including their downstream users). You remain solely responsible for the content you
post on the Website. The Company does not endorse and is not responsible for any content shared or
posted on or through our Platform, and for any consequences resulting from such sharing or posting.
The presence of the Company’s logo or any trademark on any content shared by you does not mean
that we have endorsed or sponsored your content. Further, Company will not be liable for or
responsible for the consequences of any transactions made or entered into by you with other
advertisers on the Website.
i. We have the right, but not the obligation, to monitor the use of the Website to determine compliance
with these Terms, as well as the right to edit, refuse to post, disable access to or remove any
information, materials, or User Content in whole or in part, in our sole discretion.
j. Subject to the rights and license you grant herein, you or the relevant third party, retain all rights,
titles and interest in the User Content, as applicable.
k. You shall not misuse any of the information being provided to you through the Website and use the
information only for the intended purpose.
l. You hereby specifically agree that you shall, at all times, comply with the requirements of the
Information Technology Act, 2000 as also rules, regulations, guidelines, bye-laws and notifications made
thereunder, while assessing or feeding any resume/ insertion or information/data into the Website and
in case you violate any of the provisions of the Information Technology Act, 2000 and/or rules,
regulations, guidelines, bye-laws and notifications made thereunder, you shall alone be responsible for
such violations and shall be liable for civil and criminal liability there under or under any other law for
the time being in force.
8. Verification
By providing us the User Content and the information therein and documents containing or supporting
the User Content, you consent, and represent and warrant that the third parties have consented, to the
verification of User Content and sharing the same with a third-party service provider. In case, during the
verification conducted by us, it is observed that any User Content submitted by you is incorrect, we may,
at our sole discretion, terminate/suspend your registration from the Website, or take any other action
as may be deemed necessary.
9. Provisions of the Website
You acknowledge that offerings of the Website, or portions thereof, may be available under the
Company’s various brands or request options associated with job matching or lifestyle transformation of
blue or grey collar workers including under the brand “GoDuty”. You also acknowledge that such
offerings may be made available under such brands or request options by or in connection with: (i)
subsidiaries and affiliates of the Company, or (ii) independent third-party providers, including storing
data submitted on the Website.
10. Additional terms and conditions for Job Posters
a. The Company reserves its right to reject any insertion or information/data provided by you either
before uploading or after uploading the vacancy details and may also restrict, suspend, or terminate any
Job Poster's access to all or any part of the Website;
b. By posting/uploading a job posting on the website you confirm that you have obtained all
licenses/permits as are necessary for recruitment and to indemnify the Company against all claims,
damages arising out of actions/claims that may be made in relation to the same.
c. Email id and contact details which is registered with would be used in the Website and the same id
and contact details shall be used to collect response(s) if any from the Job Seekers.
d. All job postings displayed in the Website become public knowledge and the Company may also use
the details of any of the postings on their advertisement campaigns for promoting the Website.
e. The Company offers no guarantee nor warranties that there would be a satisfactory response or any
at all response once the job is put on display.
f. Company shall in no way be held liable for any information received by you from the Candidates and it
shall be your sole responsibility to check, authenticate and verify the information/response received
from such Candidates at your own cost and expense.
g.The Company shall not be liable for any loss of data, technical or otherwise, information, particulars
supplied by you, due to the reasons beyond its control like corruption of data or delay or failure to
perform as a result of any causes or conditions that are beyond the Company’s reasonable control
including but not limited to strike, riots, pandemic, epidemic, the act of God, civil unrest, Govt. policies,
tampering of data by unauthorized persons like hackers, war and natural calamities.
h. You hereby undertake and covenant that you have the authorization to upload job postings on the
Website and further covenant that the job postings shall always be genuine.
i. You shall not charge any payments to the Job Seekers applying for the jobs posted by you through the
Website for processing of websites/responses from such Job Seekers.
j. The Company reserves its right to change the look, feel design, prominence, depiction, and
classification of the Website at any time without assigning any reason and without giving any notice.
k. The subscription/license is neither re-saleable nor transferable to any other person, corporate body,
firm or individual.
l. The User of these services does not claim any copyright or other Intellectual Property Right over the
data uploaded by him/her on the website
m. All changes/modifications to the data/information in the Website shall be affected and will come into
operation only after 24-48 hours of such changes/modifications being made.