Terms of Service

Last Updated: September 05, 2022

Welcome

Welcome, and thank you for your interest in Kreeti Technologies Pvt. Ltd., doing business as Job Alley (“Job Alley,” “we,” or “us”) and our website at app.joballey.in and erp.joballey.in and any other websites or services provided by us (together, our “Service”). These Terms of Service and any additional policies that we publish regarding the Service (together, the “Terms”) are a legally binding contract between you and Job Alley regarding your use of the Service. PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY CLICKING “SIGNUP” OR “LOGIN” OR BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. If you are not eligible, or do not agree to these Terms, then you do not have our permission to use the Service.

These Terms provide that all disputes between you and Job Alley will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please review Section 23 (“Dispute Resolution and Arbitration with Job Alley”) for the details regarding your agreement to arbitrate any disputes with Job Alley.

  1. Services Overview

    The Service is a platform that connects Job seekers with potential job opportunities. By registering for an account, users of the Service can access jobs posted on the platform and appear in exams and interviews scheduled by the job poster.

  2. Eligibility

    You must be at least 15 years of age to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 15 years of age; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with all applicable laws and regulations. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.

  3. Accounts and Registration

    To access the features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your email address or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. If you choose to login via email, you get a link for password less signup/login. You can also choose to create the account using Google, Github or LinkedIn. You are solely responsible for maintaining the confidentiality of your account password and magic links, and you accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at support@kreeti.com.

  4. Limited License

    Subject to your compliance with these Terms, Job Alley grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Service.

  5. Acknowledgements by All Users
    By using the Service you acknowledge that:
    1. Job Alley does not control the authenticity, or legality of posted jobs and job posters; and
    2. Job Alley does not confirm the identity of any user and is not obligated to verify the accuracy of any information provided by any user, including verifying the validity of any License.
  6. Fees and Payment

    Access to the Service, or to certain features of the Service, may require you to pay fees to Job Alley. If we require you to pay fees, we will post a fee list. Before you make any payment, you will have an opportunity to review and accept the fees that you will be charged. All fees are non-refundable. If Job Alley changes fees for the Service, including by adding fees or charges, Job Alley will provide you advance notice of those changes. If you do not accept the changes, Job Alley may discontinue providing the Service to you. Job Alley will charge the payment method you specify at the time of purchase and may use a third-party payment processor to process your payment. You authorize Job Alley to charge all sums as described in these Terms, for the Services and features that you select, to that payment method. If you pay any fees with a credit card, Job Alley may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. If you use the Service to update or cancel any existing authorized one-time payment, it may take up to ten business days for the update or cancellation to take effect.

  7. User Content
    1. User Content Generally. Certain features of the Service may permit users to upload content to the Service, including documents, reviews, photos, video, images, data, text, and other types of works (“User Content”) and to publish User Content on the Service. You retain copyright and any other proprietary rights that you may hold in the User Content that you post to the Service.
    2. Limited License Grant to Job Alley. By posting or publishing User Content, you grant Job Alley a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
    3. Limited License Grant to Other Users. By posting or sharing User Content with other users of the Service, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service.
    4. User Content Representations and Warranties. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting or publishing User Content, you affirm, represent, and warrant that:
      • You are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Job Alley and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this section, in the manner contemplated by Job Alley, the Service, and these Terms;
      • Your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Job Alley to violate any law or regulation.
    5. User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. Job Alley may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Job Alley with respect to User Content. We expressly disclaim any and all liability in connection with User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content or report you to law enforcement authorities, which we reserve the right to do at any time and without notice. For clarity, Job Alley does not permit copyright-infringing activities on the Service.
  8. Digital Millennium Copyright Act
    1. DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Service, you may contact our Designated Agent at the following address:

      Job Alley, Inc.
      1408, Godrej Genesis
      Saltlake Sec V
      Kolkata-700 091
      Email: copyright@Job Alley.com

      Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:

      • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
      • a description of the copyright-protected work or other intellectual property right that you claim has been infringed;
      • a description of the material that you claim is infringing and where it is located on the Service;
      • your address, telephone number, and email address;
      • a statement by you that you have a good faith belief that the use of those materials on the Service is not authorized by the copyright owner, its agent, or the law; and
      • a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
    2. Repeat Infringers. Job Alley will promptly terminate without notice the accounts of users that are determined by Job Alley to be “Repeat Infringers.” A Repeat Infringer is a user who has been notified of infringing activity or has had User Content removed from the Service at least twice.
  9. Prohibited Content
    BY USING THE SERVICE YOU AGREE NOT TO:
    1. use the Service for any illegal purpose or in violation of any local, state, national, or international law;
    2. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
    3. post, upload, or distribute any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
    4. interfere with any security-related feature of the Service, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
    5. interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Service; (c) attempting to collect personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service, or violating any regulation, policy, or procedure of any such network, equipment, or server;
    6. perform any fraudulent activity, including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying any information about your Licenses;
    7. use any technique to enclose, frame, or embed any portion of the Service, unless and solely to the extent Job Alley makes available the means for embedding any part of the Service;
    8. use any contact information that another user provides to you for any purpose other than to communicate with that user about a transaction to purchase or exchange Products, unless you have obtained the express written consent of that user; or
    9. attempt to do any of the acts described in this Section 10, or assist or permit any person in engaging in any of the acts described in this Section 10.
  10. Termination of Use; Discontinuation and Modification of the Service

    You may terminate your account at any time by contacting customer service at support@kreeti.com. If you terminate your account, you remain obligated to pay all outstanding fees, if any, incurred prior to termination relating to your use of the Service. If you violate any provision of these Terms, your permission from us to use the Service will terminate automatically. In addition, Job Alley may in its sole discretion terminate your user account on the Service or suspend or terminate your access to the Service at any time for any reason or no reason, with or without notice. We also reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service.

  11. Third-Party Services and Linked Websites

    Job Alley may provide tools through the Service that enable you to export information, including User Content, to third party services, including through features that allow you to link your account with Job Alley with an account on the third party service, such as Facebook, or through our implementation of third party buttons (such as “like” or “share” buttons). By using one of these tools, you agree that we may transfer that information to the applicable third-party service. Third party services are not under our control, and we are not responsible for any third party service’s use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under our control, and we are not responsible for their content.

  12. Privacy Policy; Additional Terms
    • Privacy Policy; Consent to Use of Data. Please read the Job Alley Privacy Policy www.joballey.in/about/privacy carefully for information relating to our collection, use, storage and disclosure of your personal information. The Job Alley Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
    • Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”), such as end-user license agreements for any downloadable software applications, or rules that applicable to a particular feature or content on the Service, subject to Section 14. All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
  13. Modification of these Terms

    We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. The Terms in effect will be identified as of the most recent date of revision, and will be effective immediately upon being made available, except as follows: (a) if a modification materially alters your rights under these Terms, we will attempt to notify you of the modified Terms directly through a message sent to the email address you have provided to Job Alley, or through a pop-up window or other notification when you access or use the Service; (b) the materially modified Terms will be effective upon the earlier of your use of the Service with actual knowledge of the changes or thirty days after the changes are made available to you; and (c) no modification to these Terms will apply to any dispute between you and Job Alley that arose prior to the date of that modification. Your use of the Service after modifications to these Terms become effective constitutes your binding acceptance of those changes. If you are dissatisfied with these Terms or any modifications to these Terms, then your sole and exclusive remedy is to discontinue any use of the Service.

  14. Ownership; Proprietary Rights

    The Service is owned and operated by Kreeti Technologies. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by Job Alley are protected by intellectual property and other laws. All Materials included in the Service are the property of Kreeti Technologies or our third-party licensors. Except as expressly authorized by Job Alley or Kreeti Technologies, you may not make use of the Materials. Kreeti Technology reserves all rights to the Materials not granted expressly in these Terms.

  15. Feedback

    If you provide Job Alley with any comment, bug report, feedback, suggestion, or proposal regarding the Service (“Feedback”), your Feedback is not confidential (even if you mark your communication as confidential), and Job Alley shall have the right to use Feedback at its discretion, including, but not limited to the incorporation of any suggested change into the Service. You hereby grant Job Alley a perpetual, irrevocable, nonexclusive, royalty-free, fully-paid right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.

  16. Indemnity

    You are responsible for your use of the Service, and you will defend and indemnify Job Alley and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Job Alley Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys' fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.

  17. Disclaimers; No Warranties

    YOU UNDERSTAND THAT JOB ALLEY DOES NOT INSPECT ANY OF THE JOBS, EXAMS, INTERVIEWS, APPLICANTS AND ANY OTHER EVENT OR MATERIAL MADE AVAILABLE THROUGH USE OF THE SERVICE, AND THAT ALL MATERIALS MADE AVAILABLE THROUGH THE SERVICE ARE POSTED BY INDEPENDENT ORGANIZATIONS AND CANDIDATES. ACCORDINGLY, WARRANTIES FOR PRODUCTS, IF ANY, ARE PROVIDED DIRECTLY BY THE ORGANIZATIONS AND CANDIDATES.

    THE SERVICE AND ALL CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE JOB ALLEY ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL PRODUCTS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE; (C) ANY WARRANTY REGARDING THE QUALITY, SAFETY, OR LEGALITY OF ANY PRODUCT; AND (D) ANY WARRANTY REGARDING THE ACCURACY, VALIDITY, OR COMPLETENESS OF ANY INFORMATION AVAILABLE THROUGH THE SERVICE. THE JOB ALLEY ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

    NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR FROM ANY JOB ALLEY ENTITY WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALING WITH ANY OTHER SERVICE USER, AND ANY PRODUCTS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE, AND OBTAIN, USE, PRODUCTS OR CONTENT MADE AVAILABLE THROUGH THE SERVICE, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY HARM SUFFERED THAT RESULTS FROM THE CONSUMPTION OR OTHER USE OF ANY PRODUCT OR CONTENT MADE AVAILABLE THROUGH THE SERVICE AND ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR OTHER DEVICE USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE.SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

  18. Limitation of Liability

    IN NO EVENT WILL THE JOB ALLEY ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY PRODUCTS, GOODS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE AND/OR PRODUCTS LIABILITY), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY JOB ALLEY ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. EXCEPT AS PROVIDED IN SECTION 23.4(iii) THE AGGREGATE LIABILITY OF THE JOB ALLEY ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO JOB ALLEY FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT(S) OR CIRCUMSTANCES GIVING RISE TO CLAIM; OR (B) $100.

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

    EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 19 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

  19. Contact Information

    The Service is offered by Kreeti Technologies Pvt. Ltd., dba Job Alley, located at 1408 Godrej Genesis, Salt Lake, Sec- V, Kolkata-700 091. You may contact us by sending correspondence to that address or by emailing us at support@kreeti.com.

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