Please go through the each section of Terms of Use for understanding the exact defined terms, rights and responsibilities.

Defined Terms

- Agreement: Shall mean and include the completed application form, its attachment(s) and the terms and conditions stated herein.
- Company: Is defined as Newh1.com an existing Company.
- Date of Commencement: Is the date indicating the acceptance of the application by the user of the service. It shall be specified by the company in its notice to the user either through e-mail or conventional mail.
- Date of Termination: Is the date of expiry mentioned in the notice or/and the letter of termination.
- Registration Data: Is the database of all the particulars and information supplied by the User on initial application and subscription, including but without limiting to the User's name, telephone number, mailing address, account and email address.
- Services: Means the Services to be provided by the Company to the User of newh1.com and shall include the provision of following facilities: - Service to the User wishing to post resume or curriculum vitae for the purpose of seeking employment.
- Service to the User who wishes to insert advertisements at newh1.com.
- Service to the User who wishes to receive advertisements and promotional messages on www.newh1.com and through emails.
- newh1.com: Is defined as the Internet web site of the Company at www.newh1.com.
- User: Is either a job seeker or an Employer or Recruitment agency or any other person/entity who avails of any service of the Company whether or not registered on www.newh1.com and includes his successors and permitted assignees.

Commencement of Service

The Service shall be deemed to have commenced on the Date of Commencement. Services of newh1.com are available only to those individuals/employers/Recruiters that can form legally binding contracts enforceable under applicable law.

Obligation of User/Subscriber

- The accuracy of the Registration Data given to the Company on initial application for the Service shall be the sole responsibility of the User.
- The User confirms that he has obtained all licences and permits which are necessary for posting and uploading a job listing on the company’s website. User indemnifies and agrees to keep the company indemnified against all demands, claims and damages which may arise out of the said job posting.
- Any licenses, permits, consents, approvals and intellectual property or other rights as may be required for using the Service shall be obtained by the User at his own cost.
- The User will ensure compliance with all notices or instructions given by the Company from time to time to enable the use of the Service.
- The User understands and agrees that User is responsible for the payment of all applicable taxes and for all costs that are incurred in using the newh1.com service.
- The User shall be solely responsible for all information retrieved, stored and transmitted through the Service.
- The User understands and agrees that he shall at all times comply with the requirements of Information Technology Act 2000 as well as all rules, regulations, guidelines, bye laws and notifications made thereunder.
- The User hereby expressly agrees that the Company has performed and complied with the requirements of Information Technology Act 2000 as well as all rules, regulations, guidelines, bye laws and notifications made thereunder.
- The User shall keep confidential and not disclose to any person the User’s password and user identification and all activities and transmission performed by the User through his user identification.
- The User shall immediately notify the Company of any un-authorized use of the User’s account or any other breach of security known to the User.
- The User shall promptly make the payment to the Company towards the Subscription Fees as and when it becomes payable.
- The User shall be responsible for the set-up or configuration of his equipment for accessing any Service.
- For SMS services, User’s mobile phone number could be used during the transmission of text messages through the mobile service provider's server.
- User agrees that SMS or its contents once sent for availing SMS services shall be treated as final and the same cannot be withdrawn, changed or retrieved subsequently under any circumstances.
- By using various SMS based services, User agrees to receive phone calls, messages etc. from Newh1.com and/or • its associates tailored to provide with better job opportunities.
- User agrees to allow Newh1.com and employers/recruiters registered online or associated with it to get in touch with him/her from time to time on events, offers, information and promotions regarding jobs and ancillary services through landline, mobile or any other means.
- User agrees that in the event he does not want recruiters / employers to send SMS alerts, he can opt out of the facility by changing his settings in edit personal profile section.
- newh1.com in its sole discretion shall reserve the right to edit, modify and alter the content. User agrees that such content placed with newh1.com shall be reflected after 48 hours. The user further agrees to the stipulated 48 hours processing.
- The User will indemnify Company for any action or claim committed/made by any third party resulting from any information posted on the site by the user or/and anybody else on his behalf.

Prohibited User Action

- User is restrained from allowing any person other than the authorised person(s) named in the Order form to use the Service
- The User undertakes not to resell or assign his/her rights or obligations under these Terms. User also agrees not to make any unauthorized commercial use of the Service.
- The User shall use the Service only for the purpose for which it is subscribed.
- The User shall comply with all applicable laws including any regulation made pursuant thereto.
- The User shall not print, download, duplicate or otherwise copy, delete, vary or amend or use any data or personal information posted by any User on newh1.com except such data and information which are posted by the particular User himself.
- User is prohibited from uploading multiple resumes of the same User/Individual using same or different accounts. Company reserves the right to remove any or all such resumes without further notice.
- The User shall not share the Service with any person without the prior written approval of the Company.
- The User shall not use the Service for any unlawful purpose including without limitation criminal purposes.
- The Service shall not be used to send or receive any message, which is offensive on moral, religious, racial or political grounds or of an abusive, indecent, obscene, defamatory or menacing nature.
- The User shall be prohibited in persistently sending messages or make postings on newh1.com to any other User or third party who access newh1.com without reasonable cause or for causing any threat or/and harassment or/and annoyance or/and anxiety or/and any other inconvenience whatsoever caused to any person.
- The User shall not infringe on any intellectual property rights of any person or/and retain information in any computer system or otherwise with an intention to do so.
- The User shall give out to the company a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable (through multiple tiers) right to exercise all copyright and publicity rights, in any existing or future media, known or unknown, over the material or User Data displayed in your listings. For the purpose of this Agreement, "User Data" shall mean all information (if any) submitted by the User to newh1.com with the exception of trading data, credit card numbers, checking account numbers, etc. "Individually Identifiable User Data" shall mean that subset of "User Data" which can be reasonably used to identify a specific individual such as their name, address, phone number, etc. The User Data shall be deemed to be the property of newh1.com. The User shall take all reasonable efforts to ensure that it is accurate and complete and not misleading in any way.
- User agrees not make use of anyone else's Information other than as necessary to complete any newh1.com transactions in which he is involved.
- The User shall not violate, or attempt to violate the security of newh1.com and/or any web sites linked to newh1.com or gain un-authorized access any information regarded as private by other Users or persons, including but without limitation to accessing data and information not intended for them or logging onto a server or account which the User is not authorized to access, attempting to probe, scan or test the vulnerability of a system or network or attempting to breach security or authentication.
- The User shall be prohibited to introduce post or transmit any information or software, which contains a virus, worm or other harmful component into the internet or newh1.com network system.
- In the event that the User breaches any of the above mentioned covenants, the Company shall have the right to delete any material relating to the violations without prior notice to the User. The Company shall issue a warning to the User to discontinue any activity which leads to the said violations and in the event the User continues with such prohibited activity, the Company reserves the unilateral right to suspend or/and deactivate the User’s access to newh1.com the Service and/or any other related facility and to forfeit any amounts paid by him. In addition to the right to indemnity available to the Company, the Company shall have the right to any legal remedy, against the User to recover the loss suffered by the Company and the harm caused to the reputation of the Company, due to such violation by the User.
- The Users shall avail of the newh1.com or any other related site for lawful purposes alone. Transmission or/and distribution or/and storage of material or/and conduct in violation of any applicable local or/and state or/and Central or/and foreign law or/and regulation is prohibited. This includes without limitation any unauthorized use of material protected by patent or/and copyright or/and trademark or/and other intellectual property right, material that is obscene or/and defamatory or/and libelous or/and constitutes an illegal threat, or/and violates rights of privacy or publicity, or/and violates export control laws. The User may use the information on our site only to the extent necessary to facilitate newh1.com related transactions.
- The user is hereby prohibited from charging any fee from the candidates whose data is available on newh1.com for processing job application of such person.
- The user/third parties is/are hereby prohibited from making any claim, false representation/assertions such as “Newh1 is our Sister Concern”.
- The newh1.com strongly opposes SPAM, which floods the Internet with unwanted and unsolicited email and deteriorates the performance and availability of the newh1.com service. All forms of SPAM, or any other activities that have the effect of facilitating SPAM, are strictly prohibited.

Cancellation

Newh1.com shall reserve the exclusive right to cancel any content whatsoever from being published or reflected on its website or in any other mode..

Maintenance & Testing

The Company may at its sole discretion and without assigning any reason whatsoever at any time deactivate or/and suspend the User’s access to newh1.com and/or the Services (as the case may be) without notice to carry out system maintenance or/and upgrading or/and testing or/and repairs or/and other related work. Without prejudice to any other provisions of this Agreement, the Company shall not be liable for any loss or/and damage or/and costs or/and expense that the User may suffer or incur, and no fees or/and charges payable by the User to the Company shall be deducted or refunded or rebated, as a result of such deactivation or/and suspension. .

Termination of Service

Company may terminate this Agreement with immediate effect, without prior notice and without assigning any reason/s whatsoever and without any prejudice to any/all other rights in the following events: - On completion of the term for which the user engages the services of the Company.
- If in the opinion of the Company, the User has breached any of the terms and conditions of this agreement or/and the Order form signed by him.
- If, in the opinion of the Company or/and any regulatory authority, it is not in the public interest to continue providing the Service to the User for any reason and /or
- If the User is declared a bankrupt or/and the User enters into any compromise or arrangement with its creditors.
- On writing and on such terms as agreed to by the parties mutually in writing.

Use of Information

The User hereby agrees and irrevocably authorizes that the Company has the right to:

- Make his Resume available for viewing by paying clients of the Company, who may contact such users through any available mode.

- Use for the company’s own purpose, any data or/and information supplied by the User in connection with this Agreement, and/or pass on such information to any other associated companies or selected third parties.

- Retain all data or/and information supplied by the User while using the Service to remain at newh1.com for the exclusive use of the Company in accordance with service agreement with the user, notwithstanding any termination of the Agreement or suspension of the Service to the User herein. Anything contrary to the above, unless specifically put down in writing, following the termination or suspension of the Service to the User, all such data and information shall remain in the Company’s property, records and databases as the exclusive property of the Company, for all times to come.

Disclaimer

- The User shall agree that use of the service is at the user's sole risk. The service is provided on an "as is" or/and on an "as available" basis. newh1.com expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

- The User agrees that all jobs advertised are genuine and in existence as on the date of posting.

- The User will not have the right to demand any information regarding the organization/Consultants to whom the resume has been sent.

- Company neither offers any guarantee nor warranties that there would be a satisfactory response or any response once the resume is uploaded on newh1.com or once the resume is sent to consultants.

- In the case of Magic Resume, the User must respond to queries raised within 7 days of such a query being raised failing which Company shall be absolved of all its obligations herein if any.

- The Company/newh1.com makes no warranty that the service shall meet user's requirements, that the service shall be uninterrupted or/and timely or/and secure or/and error free; nor does newh1.com make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained from the service. Cancellations and alterations shall be effected only on the receipt of application regarding the same in writing.

- There are no express representations and warranties, whether express or implied, made by the Company regarding the accuracy and/or quality of any information transmitted and/or obtained through the use of the Services or Timesjob.com.

- The Company shall not be liable for any disclosure of information concerning the User’s account and/or particulars nor for any error and/or omissions and/or inaccuracy with regard to information so disclosed. In addition, the Company shall further not be liable for any loss or damages sustained by reason of such disclosure, whether intentionally or inadvertently.

- In case the there is any loss of information, caused due to any reason, whether as a result of any disruption of service, suspension and/or termination of the service, the Company shall not be liable in any way for the same. Further the Company is not responsible for the accuracy, quality and/or contents of any information available, received and/or transmitted by any means using its services.

- All information are accepted in good faith and newh1.com accept no responsibility whatsoever regarding the bonafide of the user, nor can any interviews be granted or/and correspondence entered into regarding any information published.

- The User shall ensure that while using the Service, all prevailing and applicable laws, rules and regulations, directly or indirectly for the use of systems, service or equipment shall at all times, be strictly complied with by the User and the Company shall not be liable in any manner whatsoever for default of any nature regarding the same, by the User.

- The Company does not warrant that newh1.com or any of the web sites linked to newh1.com be free of any operational hazards or errors nor that it will be free of any virus or/and worm or/and any other harmful components.

- The User understands and agrees that any information or/and material and/or goods or/and services obtained through the service is done at user's own discretion and risk and that user shall be solely responsible for any damage/s or/and cost or/and any other consequence/s resulting from any transaction.

- No advice or/and information, whether oral or/and written, obtained by the User from Newh1.com or/and through or/and from the service shall create any warranty not expressly stated herein.

- The Company’s total liability under this Agreement in any circumstance shall be limited to the total amount of fees or/and charges paid by the User to the Company for the period immediately preceding two (2) months prior to the incident giving rise to the relevant claim.

- The Company expressly puts all its Users on Notice that links to third party websites on newh1.com do not confer any responsibility/liability or obligation on the Company and are hereby expressly excluded.

- Advertisements on newh1.com shall be subject to such terms and conditions as the Company determines from time to time. Responsibility for ensuring that the advertisement material submitted for inclusion on newh1.com complies with applicable National and International laws and is exclusively and without exception on the advertiser. The company shall not be responsible for any omission, commission or inaccuracy in the said material. However, the Company hereby reserves the right to delete, suspend or make any change to any such advertisement material.

- Decision of the Company regarding all transactions under SMS service shall be final and binding and no correspondence shall be entertained in this regard.

- The Company is dependant on the Operator owning the network and their technical infrastructure for facilitating SMS services and does not undertake any responsibility for failure of this network transmission or failure of message transmission for any reasons whatsoever.

- SMS service is live in United States and India only.

Acceptance of Terms and Conditions

The terms and conditions appearing herein consists of the entire agreement between the Party/User (as defined above ) and the Company (as defined above ) and replaces all previous arrangements/schedules between the parties regarding the subject matter contained hereinabove. By completing the registration process and/or checking the “I have read and accept the Terms of Use ” box, you are indicating your acceptance to the agreement and to be bound by all of the terms and conditions of the Company as appearing hereinabove.