Last updated: July 10th, 2019
The reference to MECHRISE includes Mechrise Solutions Private Limited having registered and corporate office at #36/A Phase1 TIE Balanagar Hyderabad-500037 and its subsidiaries and affiliates irrespective of jurisdiction in which they have been incorporated.
By accepting this Agreement, either by accessing or using MECHRISE's websites, products or services (individually, "Service" and collectively, "Services"), or authorizing or permitting any Agent or End-User to access or use a Service, you agree to be bound by this Agreement. If You are entering into this Agreement on behalf of a company, organization or another legal entity (an "Entity"), You are agreeing to this Agreement for that Entity and representing to MECHRISE that You have the authority to bind such Entity and its Affiliates to this Agreement, in which case the terms "Subscriber," "You," "Your" or a related capitalized term herein shall refer to such Entity and its Affiliates. If You do not have such authority, or if You do not agree with this Agreement, You must not accept this Agreement and may not use any of the Services.
If you are a customer and you or your organization is bound by a Master Services Agreement and/or a Product License Agreement (individually or collectively, "Agreement") with MECHRISE, then these Terms will prevail only to the use of the Site or any MECHRISE services to the extent such use is not already governed by such Agreement.
In case of changes in rules and regulations & procedures we would try our best to incorporate the same into our services at the earliest however we do not take responsibility to always update our web site or the service/s offered instantly, at times it may take time or we may not consider to update the same for a reason; the decision of MECHRISE in that regard would be final.
You agree to receive electronically all communications, agreements, and notices that we provide in connection with any MECHRISE Service ("Communications"), including by e-mail, text, in-app notifications, or by posting them on the Site or through any MECHRISE Services. You agree that all Communications that we provide to you electronically satisfy any legal requirement that such Communications be in writing and you agree to keep your Account contact information updated.
1)Eligibility and Registration
You represent and warrant that you are of legal age (18 years or older or otherwise of legal age in your resident jurisdiction) and that you have the capacity to understand, agree to and comply with these terms of this Agreement. Further, you represent that you (or your Authorized Users, as applicable) are not and will not when using the Services be located in, under the control of, or a national or resident of a U.S embargoed country or territory and are not a prohibited end user under Export Control Laws (as defined 22.2).
3) Restrictions for use of Services
- You may not send, submit, post, or otherwise transmit, material or messages that contain software virus, or any other files that are designed to interrupt, destroy, and negatively affect in any manner whatsoever, any electronic equipment in connection with the use of this site, Mobile App or other user's ability to engage in real time exchanges.
- You as a responsible user shall be solely responsible for all content that you upload, post or otherwise transmit.
- All information, data, text, software, graphics, video, messages or other materials, whether publicly or privately transmitted / posted, is the sole responsibility of the person who posts such information, data, text, etc
- MECHRISE services and websites may provide platforms such as Blogs, Discussion Boards for various community interactions for persons to interact and exchange views with each other. The content posted on such services is by general public therefore the accuracy, integrity or quality of such content cannot be guaranteed. You understand that by using such services, you may be exposed to objectionable matter. Under no circumstances will MECHRISE be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted or uploaded.
- By using the facility of chat and other community services you agree not to upload, post, or otherwise transmit any matter or views, which are, defamatory, abusive, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
- You may also not indulge in cyber stalking, become or create a nuisance for any person / user.
- Any transactions relating to sale/purchase of goods or services not directly offered by MECHRISE are to be settled inter-se between the parties and all warranties express or implied of any kind, regarding any matter pertaining thereto, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement are disclaimed by this site. This site does not have any involvement in the actual transactions between the buyers and sellers in any way.
- You may not use Services for any illegal or unauthorized purpose, including misusing the identity of another person. You agree to comply with all laws & regulations applicable to you including laws regulating the export of data from the country of your residence. You are solely responsible for your conduct and for any data, text, information, graphics, that you submit, & post on MECHRISE's services.
- While using MECHRISE's services, you may not engage in
- Modifying, adapting, translating, or reverse engineering any portion of the MECHRISE products/services.
- Removing any copyright, trademark or other proprietary rights notices contained in or on any services or site offered by MECHRISE.
- Using any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the MECHRISE services.
- Creating user accounts by automated means or under false or fraudulent pretences.
- Creating or transmitting unwanted electronic communications such as "spam," or chain letters to or otherwise interfering with other user's enjoyment of the service by blocking.
- Submitting data of any third party without such third party's prior written consent.
- Submitting Materials that falsely express or imply that such Materials are sponsored or endorsed by MECHRISE
- Submitting Materials that infringe, misappropriate or violate the intellectual property, publicity, privacy or other proprietary rights of any party.
- Transmitting any viruses, worms, defects, Trojan horses or other items of a destructive nature.
- Submitting false or misleading information.
- While MECHRISE prohibits such conduct on its site, you understand and agree that you nonetheless may be exposed to such misuse or blocking by other users and that you use the MECHRISE's service at your own risk. For certain services such as email, contents, Online subscription and others, registration by the visitor is required.
- By registering, you agree to the following terms in addition to any other specific terms, which shall be posted at an appropriate location of the Site. To access some of MECHRISE's services, you may be asked to enter your individual User Name, Password, You agree that
- You will not share your username and/or password with anybody else.
- You will not allow any part of the Site being cached in proxy servers and accessed by person/s who have not registered with MECHRISE as users of the Site & Service/s
- If we reasonably believe that a User Name and Password are being used / misused in any manner as clarified above we reserve the right to cancel access rights immediately without notice, and block access to our services.
4)Intellectual Property Rights
Unless otherwise stated, copyright and all intellectual property rights in all material presented on the site, whether registered or unregistered (including but not limited to text, audio, video or graphical images), trademarks and logos appearing on this site are the property of Mechrise Solutions Private Limited, its parent, subsidiaries, affiliates and associates and are protected under applicable laws. Any infringement shall be vigorously defended and pursued to the fullest extent permitted by law. The Website may have materials or products for which Copyright and intellectual property rights belongs to third party, such materials or products shall be governed by the terms and conditions specified by them in this behalf.
Enabling any business transaction by using any Intellectual Property Rights, whether belonging to MECHRISE or any other third party, shall not entitle any rights to or permissions to the Intellectual Property of MECHRISE or of such third party. All present and future rights in and to trade secrets, patents, designs, copyrights, trademarks, database rights, service marks, know-how, and other intellectual property or other proprietary rights of any type, documentation, any improvements, design contributions, or derivative works thereto, and any knowledge including rights in and to all applications and registrations relating to the site shall, as between you and MECHRISE, at all times be and remain the sole and exclusive property of MECHRISE.
As MECHRISE asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to MECHRISE violates your copyright, you are encouraged to notify us by writing to firstname.lastname@example.org. We will respond to all such notices, which may include as required or appropriate removing the infringing material or disabling all links to the infringing material. In case any user infringes the copyrights or other intellectual property rights of MECHRISE or others, MECHRISE may, in its discretion, terminate or deny access to and use of the site. In the case of such termination, MECHRISE will have no obligation to provide a refund of any amounts previously paid to MECHRISE.
6) Registration and Password
You are responsible for maintaining the confidentiality of your account access information and passwords. You shall be responsible for all uses of your Web Site/App registrations and passwords, whether or not authorized by You. You are not authorized to share your password or other account access information with any other party, temporarily or permanently, and breach of this obligation may tantamount to disabling the MECHRISE account and MECHRISE Services. You agree to immediately notify the Company of any unauthorized use of your Account, and passwords.
8) Email / Messaging Services
On selection of email / Messaging service you agree & grant us non-exclusive permission & irrevocable right to send emails / messages in the formats decided by us from time to time. Your prior permission to continue or change such method is deemed to have been agreed & granted.
9) Right to Use MECHRISE's Services
10) Charges and Payments
You will be billed as per the subscription plan opted by you, in case of pre paid subscription you will be billed in advance and if you have opted for any other post paid plans, you will be billed in arrears. You will pay all fees associated with subscriptions on time. You will provide complete and accurate payment information for a valid payment method to collect subscription Charges by MECHRISE based on the subscription plan opted by you. By providing these information you authorise MECHRISE or its representative to collect the subscription Charges, taxes and any other payment due from you based on the Subscription plan opted by you. This authorization will continue till you choose to use the services/ products of MECHRISE. In case of any change in the information given by you earlier, you will update MECHRISE with accurate and new updated information. The Subscription plans for MECHRISE's services/ products will automatically renew unless otherwise opted by you, prior to end of the current subscription period, by serving 30 day's notice in advance. However, renewal of any subscription will be at the discretion of MECHRISE.
MECHRISE reserves the right to charge subscription and / or membership fees in respect of any part, aspect of its Sites & Service/s and/or product/s upon reasonable prior notice. Such notice will be appearing on the site by displaying the new / revised charges for the service/s and/or product/s as offered from time to time with or without modifications & on such display it will be presumed to be read by all users whether registered or not & no further notice would be required. The same will apply for any service/s or products, which are currently being offered without any charges, whenever made chargeable.
In case of failure in receiving the payment from you for whatever reason, you hereby agree to pay all the outstanding amount upon demand by MECHRISE. MECHRISE reserves right to recover from you charges for delayed payment @ 18% per annum compounded monthly and all reasonable costs and expenses including legal expenses incurred by MECHRISE to recover the same. You agree to pay all the charges and other payments due to MECHRISE without protest or demur. The Subscription period may be changed by MECHRISE without prior intimation to you. Any unutilised subscription period will be adjusted in proration basis. MECHRISE will provide you with invoice copy in its standard format. In case of any discrepancy in invoice, you will bring to the notice of MECHRISE within 15 days from the date receipt of invoice. Any such request brought to the notice of MECHRISE beyond 15 days will not be entertained by MECHRISE.
11) Free Trials and Special Offers for MECHRISE Services
12) Refund Policy
MECHRISE does not refund any fees paid towards the Services once same has been initiated. Any claim for refund will not be entertained by MECHRISE.
Certain elements of The Site will contain material submitted by users (community center). MECHRISE accepts no responsibility for the content, accuracy, and conformity to applicable laws of such material.
14) Customer Warranties
You hereby represent and warrant that you :
1) have the requisite authority and all the necessary approvals to use the services/ products of MECHRISE and not barred from using the services/ products of MECHRISE;
2) will provide true and correct information and will use the MECHRISE services/ products for lawful purpose;
3) use the MECHRISE services for your internal business purposes and will not share the password and User id with any unauthorised persons;
4) will notify MECHRISE any unauthorised use of the account and hereby agree that MECHRISE will not responsible for unauthorised use of the Account;
5) will not attempt to gain unauthorised access to the system or the MECHRISE Services, other accounts, computer systems through any unauthorised means;
6) will not assign or transfer the subscription or user account to any third party;
Confidential Information means a) for MECHRISE any and all information in any form (whether or not marked or identified as confidential) including without limitation information pertaining to its Services, Products, documentation, contents of any software, source code, the deliverables. b) for you, data shared with MECHRISE c) any other information which is by its nature can be reasonably comprehended as Confidential Information. However Confidential Information shall not include any information that: a) becomes legally and publicly available without breach of this Agreement by the Receiving Party; b) was rightfully in the possession of the Receiving Party without any obligation of confidentiality.
The Receiving Party will use the Confidential Information only for the purpose for which it has been provided and shall only disclose it to its directors, officers, employees, consultants, advisors, attorneys and auditors who have a bonafide need to know the Confidential Information and are bound by similar confidentiality obligations. The Receiving Party shall use at least the same degree of care in safeguarding the Confidential Information as it uses for its own information of like importance, which shall not be less than reasonable.
If compelled, MECHRISE may disclose the Confidential Information to comply with the order of court, regulatory authority or any judiciary pronouncement, in such case, if such order permits, MECHRISE will intimate you through a notice about such requirement and assist you within the permissible limit to obtain protective order.
Sharing of confidential information will not be regarded of transfer of Intellectual Property Rights in the information. The respective parties will own and continue to own all and any right, title and interest in or to any Confidential Information.
16) Term and Termination
These terms will be effective from the date you accept these terms and/or you access the product or services of MECHRISE and will be binding upon you, until expiry of your subscription plan or you terminate or stop using the MECHRISE product or services, whichever is later. If you wish to terminate this Agreement or your MECHRISE account (if you have one), you may simply discontinue using MECHRISE products or services by sending 10 days written notice to MECHRISE by making a copy to email@example.com.
MECHRISE may terminate your access to all or any part of the site at any time by serving 7 day's notice. In addition, MECHRISE can terminate the services immediately on breach or default by you or as part of a general shut down of our services or products. The below instances are generally regarded as breach or default by you in availing the services from MECHRISE - a) failure to pay the subscription or renewal of subscription on time as per the subscription plan; b) becoming subject to any proceedings under the Bankruptcy Code or similar laws; c) use of MECHRISE products/ services by you, creates a legal risk or potential risk to security of the MECHRISE product/services or its customers; d) breach of terms and conditions of the this document or any other Associate documents; The termination, for whatever cause, will not deprive MECHRISE of its right to collect outstanding payment due from you.
MECHRISE reserves that all provisions of this Agreement, which by their nature shall survive termination, including, without limitation, ownership provisions, intellectual property rights, warranty disclaimers, indemnity and limitations of liability, shall survive the termination of this relationship. If you or MECHRISE terminates your use of the site, MECHRISE may delete any content or other materials relating to your use of the Site, its related sub-domains, mobile applications, sites, services and tools and MECHRISE will have no liability to you or any third party for doing so.
17) Terms for Companies / Employers:
MECHRISE’s paid clients/customers who use the site for their recruitments related requirements, and who will now be able to leverage the network through their authorized recruiters. As part of Professional Networking , the company would be able to connect with a larger audience by having direct followers of their profile, and also through connections of their recruiters. Through their company profile, they will be able to showcase their company environment, policies & other important information, and engage jobseekers through Polls & Surveys.
They will have sole responsibility of authorizing & managing the recruiters associated with their profile at their own discretion. In the event any of the Employer recruiter’s, engagement terminates with the Employer, having MECHRISE’s Professional Networking representation for the Employer, it shall be the sole responsibility of the Employer to immediately notify MECHRISE about the termination of engagement with the said recruiter and appointment of a new recruiter. Employer shall ensure to keep informed MECHRISE changes / updates in their recruiters as and when any changes thereof from time to time.
18) Terms for Jobseeker
- Registration with Mechrise is necessary for all the Jobseekers before any consideration.
- Mechrise do not guarantee of arranging interview/providing a job within a specified period. Short-listing & calling a Jobseeker for interview is solely at the discretion of Mechrise.
- If any Jobseeker is selected by our references and recommendations, he/she has to inform and endorse a copy of the appointment letter immediately to us for our record.
- In case of selection of the Jobseekers, Our Recruitment Service Charges shall be :
Case I- Jobseeker need not to pay any amount as our service charges in case of the company where he is placed is agreed with our terms of business & will pay our service charges.
Case II- The Jobseeker will pay 50-100% of the gross first month salary as our service charges in case of the Company where he is placed is not agreed with our terms of business & not paying our service charges.(Note: Jobseeker would be informed in advance whether the company is paying our service charges or not)
- The Jobseeker will be liable to release our service charges within 7 days of the joining date either in Neft or cash or cheque.
- In case the Jobseeker do not comply or deposit the said half month's gross salary to Mechrise within one month of the joining date then :Mechrise is free to pursue legal court proceeding against the Jobseeker for breach of contract.Mechrise will take action in accordance with the laws of India as applicable.
- Jobseeker will not be considered for any vacancy in future :If the Jobseeker does not attended the interviews, arranged by Mechrise twice.If the Jobseeker discloses the name of the vacancy/company name to anybody else for which he/she has been sent through Mechrise.
- If Mechrise arranges any interview, then selected Jobseeker will be liable to pay the said service charges if he/she joins the same job within three months.
- If a Jobseeker is selected for a job through Mechrise he/she will be solely the Jobseeker of the concerning organization and Mechrise will be not responsible for any legal/dispute or any other matter between the Jobseeker and the organization.
- Mechrise will place the jobseeker in just a single organization for each year or the agreement with the employer whichever is appropriate.
- The Registration is valid up to one year only from the date of Registration.
- All subject to Hyderabad jurisdiction.
19) Terms for Intern/Industrial Training
- Registration with Mechrise is necessary for all the Internship/Industrial Training before any consideration.
- Mechrise do not guarantee of arranging interview/providing a Internship/Industrial Training within a specified period. Short-listing & calling aIntern/Industrial traineefor interview is solely at the discretion of Mechrise.
- If any Intern/Industrial trainee is selected by our references and recommendations, he/she has to inform and endorse a copy of the appointment letter immediately to us for our record.
- The Registration is valid up to one year only from the date of Registration.
- All subject to Hyderabad jurisdiction.
20) Disclaimer of Warranties and Liability
All the contents of this Site are only for general information or use. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision. Any specific advice or replies to queries in any part of the Site is/are the personal opinion of such experts/consultants/persons and are not subscribed to by this Site. The information from or through this site is provided on "AS IS" basis, and all warranties, expressed or implied of any kind, regarding any matter pertaining to any goods, service or channel, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement are disclaimed and excluded.
Mechrise Solutions Private Limited, its directors, employees, agents, representatives and the authors and its parent, affiliates and associates shall not be liable, at any time for damages (including, without limitation, damages for loss of business projects, or loss of profits) arising in contract, tort or otherwise from the use of or inability to use the Site, or any of its contents, or from any act or omissions as a result of using the Site or any such contents or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained on the site. No representations, warranties or guarantees whatsoever are made as to the accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation. Mechrise Solutions Private Limited, its directors, employees, agents, representatives disclaim all or any direct, indirect, special, consequential damages or losses arising from use of the services provided by MECHRISE. Certain links on the Site lead to resources located on servers maintained by third parties over whom MECHRISE has no control or connection, business or otherwise as these sites are external to MECHRISE. You agree and understand that by visiting such sites you are beyond the MECHRISE site. MECHRISE therefore neither endorses nor offers any judgement or warranty and accepts no responsibility or liability for the authenticity/availability of any of the goods/services/or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by your visit and/or transaction/s on these sites.
You agree to defend, indemnify, and hold harmless MECHRISE and/or its associate entities, their officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the web site/application material or your breach of these Terms and Conditions of Web site/application use. You agree not to settle any matter in which MECHRISE is named as defendant and/or for which you have indemnity obligations without prior written consent of MECHRISE.
22) Limitation of Liability
Notwithstanding anything contrary contained in these terms, in no event shall mechrise be liable to you or any third party for any direct, indirect, consequential, special or incidental damages or losses of any kind whatsoever including but not limited to, lost profits, lost records or data, lost savings, loss of use of facility or equipment, loss by reason of facility shutdown or non-operation or increased expense of operations, or other costs, charges, penalties, or liquidated damages, regardless of whether arising from breach of contract, warranty, tort (including negligence), strict liability or otherwise, even if advised of the possibility of such loss or damages or such loss or damage could have been reasonably forseen.
Notwithstanding anything else contained in this agreement, the aggregate maximum liability of mechrise regardless of the nature or form of action giving rise to such liability (whether in contract, tort (including negligence) or otherwise) shall under no circumstances exceed the fees paid by you to mechrise under the particular engagement / transaction giving rise to the claim under these terms. The existence of more than one claim shall not increase the limit.
23) Force Majeure
MECHRISE shall have no liability to you for any interruption or delay in access to the Site irrespective of the cause.
Force Majeure event shall be one when there is any cessation, interruption or delay in the performance of MECHRISE's obligations occurs due to causes beyond its reasonable control, including but not limited to: technical, earthquake, flood, or other natural disaster, act of God, labor controversy, civil disturbance, war (whether or not officially declared) or the inability to obtain sufficient supply of service, transportation, or other essential commodity or service required in the conduct of its business, or any change in or the adoption of any law, regulation, judgment or decree. Without limiting the foregoing, under no circumstances shall MECHRISE be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning equipment needed for such performance.
24) Advertising Material
Part of the Site contains advertising/other material submitted to MECHRISE by third parties. Responsibility for ensuring that material submitted for inclusion on the Site complies with applicable International and National law is exclusively on the advertisers and MECHRISE will not be responsible for any claim, error, omission or inaccuracy in advertising material. MECHRISE disclaims all warranties relating to the advertising/other material published on the Site and shall not be responsible to any parties for any liability that may arise out of the use of such advertising / other material or in any manner relate to such advertising / other material. MECHRISE reserves the right to omit, suspend or change the position of any advertising material submitted for insertion. Acceptance of advertisements on the Site will be subject to MECHRISE terms and conditions.
25.1) Relationship You hereby acknowledge that these terms are not intended to create a relationship such as a partnership, franchise, joint venture, or agency. You shall not act in a manner that expresses or implies a relationship other than that of independent contractors or otherwise bind MECHRISE.
25.2) Export Control Laws MECHRISE Products/ services and derivatives thereof, may be subject to export laws and regulations of United States, European Union or any other jurisdiction. You hereby represent and warrant that you will abide by and comply with all export control related laws and further assure that you will not access, download, use, export or re-export, directly or indirectly, to any location, entity, government or persons prohibited by Export laws. You are solely responsible for complying with Export Laws of relevant jurisdiction and any of its content transmitted through the site.
25.5) Arbitration and Legal recourse All disputes, claims, controversies and differences ("Disputes") between parties whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory will be settled between the parties through consultation and negotiation in good faith and a spirit of mutual cooperation. The aggrieved party shall notify the other party of the same in writing within a reasonable time period with brief written description of the dispute. When you are the aggrieved party you should send notice to firstname.lastname@example.org. The other party shall have the opportunity to respond to the grievance in writing within 30 days from the date of receipt of the notice.
In the event of failure to mutually resolve the dispute, the parties agree that all such claims or disputes shall be decided by arbitration or as provided in the separate agreement, if any entered between the parties. In case the dispute has to be settled through arbitration it shall be conducted under the provisions of Indian Arbitration and Conciliation Act, 1996 by one Arbitrator mutually agreed between the parties. The venue of such Arbitration shall be Bangalore and the language shall be English. In case there is a separate agreement between the parties the binding law and place of Arbitration will be as provided in the agreement. You are responsible for your own attorney's fees and other costs associated with arbitration unless the arbitration law or arbitrator provides otherwise.
The parties here by agree that all trial shall be conducted in party's respective individual Capacities and not as class action or ther representative action, and the partiesexpressely waive their right to file a class action or seek relief on a class basis.
This clause will survive the termination of your use of site, product or services of MECHRISE.
26.6) Jurisdiction If you are subscribing, availing services, products or accessing websites in any manner from India, any dispute arising under this Agreement shall be subject to Laws of India and Courts of Hyderabad shall have the exclusive jurisdiction over these matters. If you are subscribing, availing services, products or accessing websites in any manner shall have the exclusive jurisdiction over these matters unless otherwise agreed between parties through a separate agreement.
Note: The terms in this agreement may be changed by MECHRISE at any time. MECHRISE is free to offer its services to any client/prospective client without restriction.