USER AGREEMENT

1. DEFINITIONS AND INTERPRETATION

• "Agreement" means the terms and conditions as detailed herein including all Exhibits, privacy policy, other policies mentioned on the website and will include the references to this agreement as amended, negated, supplemented, varied or replaced from time to time.
• “Account” or “Dashboard” means the primary account created by the user(via registration, signup process for activation of account) and sub-login accounts created by user directly on our website in order to use the Services provided by us.
• “Content” means text, document, graphics, images, music, audio, video, information or other materials.
• “User content” means all Content that a user posts, uploads, publishes, submits or transmits to be made available through our website.
• “SNS” means Social Networking Site such as Linkedin, Facebook, Twitter etc.
• The official language of these terms shall be English.
• “Employee” means a person who is an individual working with a business entity or have worked with the business entity or Non-joiner with the business entity.
• “Sub-Login Accounts” are the accounts that are created by the user for their active employee under the primary account on our website. User have complete access and control on these sub-login account/s like create, disable and grant access to specific pages/features listed therein. Sub-login are also considered and represented in this agreement as “You” or “Yours” or “User”.
• The headings and sub-headings are merely for convenience purpose and shall not be used for interpretation.

2. REGISTRATION AND ACCOUNT

• It is mandatory for the user to register on the website if they wish to avail the services provided on the website
• In order to sign up you need to provide various information, such as, Business entity's name, authorized person, Pan, Registration certificate, Official email address etc, as asked therein.
• The Sub-Login account shall be granted or created for active employee by their user only and it shall be the sole responsibility of the user for any activities that are conducted via sub-login accounts.
• You represent and warrant that all required registration information you submit is truthful and accurate, and you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. The website cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You must not share your password or other access credentials with any other person or user that is not authorized to access your account. Without limiting the foregoing, you are solely responsible for any activities or actions that occur under your account. We encourage you to use a “strong” password (a password that includes a combination of upper and lower case letters, numbers, and symbols) with your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with any of the above.
• You agree to provide and maintain accurate, current and complete information about your Account. Without limiting the foregoing, in the event you change any of your personal or professional information as mentioned above in this Agreement, you will update your Account information promptly or inform us immediately.
• You should inform us immediately if you opt to close, move out or transfer the business with your account is associated or you no longer be in a position declared at signup process. In all such cases we will suspend your account and you need to provide us with documentation or proof to re-activate the account. UEIBI reserves the right to verify and re-activate, resume account services at its sole discretion.
• When creating an Account, don’t:
  • Provide any false personal information to us (including without limitation a false username) or create any Account for anyone other than yourself without such other person’s permission;
  • Use a username that is the name of another person with the intent to impersonate that person;
  • Use a username that is subject to rights of another person without appropriate authorization;
  • Use a username that is offensive, vulgar or obscene or otherwise in bad taste;
  • False declaration or sign up as user;
  • Use a name of Business entity which is not active or illegal or closed by government or under suspension process.
• We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Service that violates our Terms or in case of any dispute. If you have reason to believe that your Account is no longer secure, then you must immediately notify us via email at [email protected] and connecting to our support team.
• You may not transfer, share or sell your account and User ID to another party. You are authorized user, you personally guarantee that you have the authority to bind the business entity to this Agreement.
• Our Services are not available to temporarily or indefinitely suspended members. Our website reserves the right, in its sole discretion, to cancel unconfirmed, inactive or suspicious accounts and to keep newly signup account deactivated up till the time of verification. Our website reserves the right to refuse service to anyone, for any reason, at any time.
• One business entity can only have one primary account with user (primary user) and user can create sub-login as child account/s.
• You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by our website’s policies as stated in the Agreement and the website policy documents published on the Website as well as all other operating rules, policies and procedures that may be published from time to time on the Website of UEIBI.

3. SERVICES

UEIBI services are included but not limited to providing user with access to Unified employment professional history and review system.

4.YOU AGREE AND CONFIRM

• That you will use the services provided by our website, for lawful purposes only and comply with all applicable laws and regulations while using the Site and transacting on the Site.
• You will provide authentic and true information in all instances where such information is requested of you or uploaded by you. We reserve the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), we have the right in our sole discretion to reject the registration and debar you from using the Services of our website without prior intimation whatsoever. Few services on your account will get activated or deactivated based on your activity and input on account.
• The motive of this platform is to build reliable, trustworthy centralized pool of information and that’s how the platform can help users. You should ensure all the information including your business entity details and employee’s detail shall be submitted in true and good faith via your primary or sub-login accounts. We also trust whatever you declare in regards to employee is supported by facts with you, even if you don’t share the underlying supporting facts with us. We recommend you receive consent of the employee so you can share their personal identifiable information with us.
• That you are accessing the services available on this Site and transacting at your own decision and risk; and are using your best and prudent judgement before entering into any transaction through this Site.
• Your user data will be shared across the various websites of UEIBI.
• In case you, as the primary account holder, leave the business entity. It is your responsibility to notify us and the existing business entity of your changes with prior notice to ensure accountability and true usability of the account.
• It is possible that the other users (including unauthorized/unregistered users or "hackers") may post or transmit offensive or obscene materials on the Website and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the website, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the website you acknowledge and agree that we are not responsible for the use of any personal or professional information that you publicly disclose or share with others on the website. Please carefully select the type of information that you publicly disclose or share with others on the Website.
• You agree that you will not:
  • Restrict or inhibit any other user from using and enjoying the Interactive Features;
  • Post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national, or international law;
  • Post or transmit any information, software, or other material which violates or infringes in the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder;
  • Post or transmit any information, software or other material which contains a virus or other harmful component;
  • Alter, damage or delete any Content or other communications that are not your own Content or to otherwise interfere with the ability of others to access our website;
  • Disrupt the normal flow of communication in an Interactive Area;
  • Claim a relationship with or to speak for any business, association, institution or other organization for which you are not authorized to claim such a relationship;
  • Violate any operating rule, policy or guideline of your Internet access provider or online service;
  • Post information about employee out of personal grudges and try to defame any employee; submitting or uploading information which is not true and sharing wrong feedback, review, rating and assessment for any employee.

5. YOU MAY NOT USE THE SITE FOR ANY OF THE FOLLOWING PURPOSES

• Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
• Transmitting material that encourages conduct that constitutes a criminal offense, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
• You shall not share, transfer, rent or sell login credentials of your or any account on the website with anyone and the account shall be for your exclusive use.
• You shall not store, copy, download the data for any malicious reason or compilation, archive purposes and you shall be solely responsible for the consequences for any misuse of the data.
• Interfering with any other person's use or enjoyment of the Site.
• Breaching any applicable laws;
• Interfering or disrupting networks or web sites connected to the Site.
• Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
• Without limiting other remedies, we may, in our sole discretion, limit, suspend, or terminate our services and your account, prohibit access to our sites, services, applications, and tools, and their content, delay or remove hosted content, and take technical and legal steps to keep you from using our sites, services, applications, or tools, if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a period of months, or to modify or discontinue our site, services.

6. MODIFICATION OF TERMS OF THE USER AGREEMENT

We may at any time modify the Terms of the User Agreement of the site without any prior notification to you. You can access the latest version of the User Agreement at any given time on our website. You should regularly review the Terms on our website. In the event the modified Terms is not acceptable to you, you should discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this site.

7. REVIEWS, FEEDBACK, SUBMISSIONS

All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to us on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we exclusively own all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. You agree that we may display you as our client in the public domain and display your logo (which will solely represent your “Business entity”), testimonials, etc. on our website.

8. COPYRIGHT & TRADEMARK

• Our website, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of UEIBI or any third party's intellectual property rights. All rights, including copyright, in this website are owned by or licensed to us. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of our website. You cannot modify, distribute or re-post anything on this website for any purpose.
• UEIBI names and logos and all related product and service and our slogans are the trademarks or service marks of UEIBI. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.
• All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of our website or its suppliers and protected by laws of India.
• The Contents and software on this Site may be used only for allowed purpose. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks and/or other intellectual property owned, controlled or licensed by our website, one of its affiliates or by third parties who have licensed their materials to us and are protected by laws of India. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of our website and is also protected by laws of India.
• There might be some activity on our website which is unlawful and we are not aware about and if you learn of any unlawful material or activity on our website which we, or any material or activity that breaches this notice, please inform us which we in good faith might have missed upon. We respect the intellectual property rights of others and expect users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are promptly and properly provided to us. If you have a reason to believe that Your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information:
  • a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
  • identification of the copyrighted work claimed to have been infringed;
  • identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Your contact information, including your address, telephone number and an email address;
  • a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • a statement that the information in the notification is accurate, and that You are authorized to act on behalf of the copyright owner;
  • We have the right to remove the Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user’s account if we determine that the user is a repeat infringer;
  • Notices regarding our website should be sent as per “contact us” section defined in this document;

9. INDEMNITY

You agree to defend, indemnify and hold harmless UEIBI (including its directors, officers, agents, shareholders, their successors and its active employees) and assigns from and against any and all claims, suits, demand, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to our website or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this Agreement.

10. LIMITATION OF LIABILITY

• The Site is provided without any warranties or guarantees and in an "As Is" condition. You must bear the risks associated with the use of the Site.
• It is expressly agreed by the user that the UEIBI (including its directors, officers, agents, shareholders, their successors and active employees)shall under no circumstances be liable or responsible for any loss, injury or damage to the user or any other party whomsoever, arising on account of any transaction under this Agreement.
• The user agrees and acknowledges that it shall be solely liable for any claims, damages, allegation arising out of the services offered through UEIBI’s website and shall hold the UEIBI (including its directors, officers, agents, shareholders, their successors and active employees) harmless and indemnified against all such claims and damages. Further the UEIBI shall not be liable for any claims, damages arising out of any negligence, misconduct or misrepresentation by the user or any of its representatives.
• The UEIBI (including its directors, officers, agents, shareholders, their successors and active employees)under no circumstances shall be liable to the user for loss and/or anticipated loss of profits, or for any direct or indirect, incidental, consequential, special or exemplary damages arising from the subject matter of this Agreement, regardless of the type of claim and even if the user has been advised of the possibility of such damages, such as, but not limited to loss of revenue or anticipated profits or loss business, unless such loss or damages is proven by the user to have been deliberately caused by the UEIBI.

11. GOVERNING LAWS AND JURISDICTION

• This User Agreement shall be construed in accord with the applicable laws of India regardless of your physical location.
• The Courts at Gurugram (Haryana) and/or Mirzapur (Uttar Pradesh) India, shall have jurisdiction in any proceedings arising out of this agreement.

12. DISPUTE RESOLUTION

DISPUTE BETWEEN YOU AND US:
• In the interest of resolving disputes between you and us in the most expedient and cost effective manner, you and we agree that any and all disputes arising in connection with the Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of the Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of the Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION;
• The seat of Arbitration shall be India and the language used for arbitration shall be English;
• The award of the arbitration shall be binding on both, you and us;
• The suits which are impliedly or specifically barred by this agreement shall be opposed by us by pleading this agreement.

13. SITE SECURITY

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are 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 other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail-bombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. We will anytime investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to 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 this Site other than the search engine and search agents available from us on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).

14. PRIVACY

Please read our privacy policy for same.

15. NOTICE

• By using the Site and Services, you accept that communication with us will be mainly electronic. We will contact you by email or via notification/message on your account created with us or provide you with information by posting notices on the Site and Services.
• You acknowledge that all contracts, notices, information and other communication we may provide electronically comply with any legal requirements that such documents are in writing.
• Notice will be deemed received and properly served immediately when posted on the Site and Services, 24 hours after an email is sent, or 3 days after the date of posting any letter. As proof of service, it is sufficient that:
  • For letters, the letter was properly addressed, stamped and placed in the post; and
  • For emails, the email was sent to the specified email address.

16. LEGAL COMPLIANCE

• In addition to this Agreement, you must familiarize yourself with, and comply with the Policies, domestic laws (including common law), state legislation, international laws, statutes, ordinances and regulations regarding your use of our services. Notwithstanding successful conclusion of a transaction you must ensure strict compliance with any particular formalities which, if not complied with, will either render a transaction void or unlawful.
• You alone, and not we, are responsible for ensuring that the services and any other activities conducted on the website are lawful. You must ensure that they comply with all applicable laws in India and all other countries.
• Every time you provide or update personal information and professional review about employee on our website; we trust that you are doing so in accordance with Indian law and in good faith.
• You should comply with central and state regulations.

17. LINKS TO OTHER WEBSITES

Links to third party Websites on this site are provided solely as a convenience to you. If you use these links, a new browser will be lodged to access linked Websites. We have not reviewed these third party Websites and does not control and is not responsible for any of these Websites or their content. We do not endorse or make any representations about them, or any information, or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party Websites linked to this site, you do this entirely at your own risks.

18. NO WAIVER IMPLIED

The failure of us to enforce at any time any of the provisions of these of Agreement, or the failure to require at any time performance by you of any of the provisions of these provisions, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the our right to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of these provisions shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

19. SEVERABILITY

Each Term shall be deemed to be severable. If any Term or portion thereof is found to be invalid or unenforceable, such invalidity or unenforceability shall in no way effect the validity or enforceability of any other Term.

20. ASSIGNMENT

• You will not assign any rights or delegate any obligations under these Terms, in whole or in part, by operation of law or otherwise, without obtaining our prior written consent, which may be withheld in our sole discretion.
• We may assign our rights and delegate any of our obligations under these Terms, in whole or in part, without your consent. Any assignment or delegation in violation of the foregoing will be null and void. These Terms will be binding and inure to the benefit of each party’s permitted successors and assigns.

21. FORCE MAJEURE

We shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of these Terms, where this arises out of circumstances beyond our control, including but not limited to:

• acts of god;
• natural disasters;
• sabotage;
• accident;
• riot;
• shortage of supplies, equipment, and materials;
• strikes and lockouts;
• civil unrest;
• Computer hacking;
• Malicious damage; or
• Pandemic.

22. DIGITAL SIGNATURE

• By using our services, you are deemed to have executed this Agreement electronically, effective on the date you register your Account and start using our services. Your Account registration constitutes an acknowledgement that you are able to electronically receive, download and print this Agreement.
• In connection with this Agreement, you may be entitled to receive certain records, such as contracts, notices, and communications, in writing. To facilitate your use of the website, you give us permission to provide these records to you electronically instead of in paper form.
• By registering for an Account, you consent to electronically receive and access, via email, all records and notices for the services provided to you under this Agreement that we would otherwise be required to provide to you in paper form. However, we reserve the right, in our sole discretion, to communicate with you via the Postal Service and other third-party mail services using the address under which your account is registered. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting Customer Support. If you withdraw your consent to receive such records and notices electronically, we will terminate your access to the Services, and you will no longer be able to use the Services. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal. Please note that your withdrawal of consent to receive records and notices electronically will not apply to records and notices electronically provided by us to you before the withdrawal of your consent becomes effective.
• In order to ensure that we are able to provide records and notices to you electronically, you must notify us of any change in your authorized person’s registered email address or employer’s registered email by updating your Account information on the website or by contacting Customer Support.

23. NO RESERVATIONS

We do not accept any reservation or any type of limited acceptance of this agreement. You expressly agree to each and every term and condition as stipulated in this policy without any exception whatsoever.

24. NO CONFLICT

This agreement constitutes a part of the user terms. We have taken utmost care to avoid any inconsistency or conflict of this policy with any other terms, agreements or guidelines available on our Website. In case there exists a conflict, we request you to kindly connect with us as per “contact us” defined in this document for the final provision and interpretation.

25. ENTIRE AGREEMENT

These Terms collectively represent the entire agreement and understanding between you and us and supersede any other agreement or understanding (written, oral or implied) that you and we may have had. Any statement, inducement, promise, covenant or condition not expressly found either in these Terms shall be deemed as void.

26. CONTACT US

For any further clarification of our Terms, or to send any notices please contact us via our "contact section".

Updated: 15-May-2023