Terms & Condotions
Introduction
Welcome to Gweka.com (hereinafter referred to as the website). We request you to go through the below-mentioned terms and conditions (Terms of use) before browsing through the website or availing of any services. These services include job seeking, HR Consultancy, College TPO, Trainer, HR Corporate, Content Writers, Company owners and government jobs.
This page provides terms of use of Gweka.com, an online consulting service with its head office in Haryana. The domain Gweka.com is owned by Gweka Consulting Services.
Whenever a user browses through the website or avails of any of the services, it will be implied that the user has read the terms and conditions and given consent for the same. The terms and conditions will then be binding on a particular user. As a result, it will also have be binding or have a binding affect when one browses through the website or avails of any of the services in future.
On accepting the terms of use, a user also agrees to the privacy policies that are published on this website. It is incorporated in the terms and conditions by way of reference. Users can register themselves on the website if they wish to avail of our service(s). However, Gweka.com also allows users to browse through the website without compulsory registration.
The terms and conditions mentioned on this page are governed by the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 according to which it is compulsory for an intermediary to publish the rules and regulations, privacy policy and user agreement for allowing usage and access by any person.
In case, where a user does not agree with the terms and conditions, they shall immediately stop using the website and will not be eligible to avail of any of our services. For the purpose of these terms of use, ‘you’ and ‘user’ shall refer to any natural or legal person who willfully accesses the website. ‘We’ and ‘us’ shall refer to Gweka.com.
The terms of use have been designed in accordance with the relevant provisions of the Personal Data Protection Bill, 2019. When the bill is passed, its relevant provisions will be applicable to all the users. A user will be bound by the relevant provisions if they continue to browse or access the website. It is recommended that the user should keep checking the website for updated terms of use. Gweka.com reserves its right to add, delete or modify any part or whole of the terms of use, website policies and the rules and regulations governing the website without prior information/ intimation to the users.
If any user fails to or refuses to abide by the terms of use or violates any condition regarding the use of the website, Gweka.com has the sole discretion to terminate or suspend the membership of such person.
Eligibility
Eligibility to use, browse or register on the website is in accordance with the provisions of competency as mentioned in the Indian Contract Act 1872. As per the Act, persons who have attained the age of majority that is 18 years are eligible to enter into a contract. On accessing the website, the user must represent and warrant that they have attained the age of majority and also agree that they are not of an unsound mind. It means and implies that a user is capable of understanding the terms and conditions, privacy policy and disclaimer mentioned on this website and other rules and regulations governing the use of the website. User should also not be an insolvent while using this website. In case where a user is a minor and accesses the website, they shall do so under the supervision of a legal guardian. Gweka.com reserves the sole authority to delete a minor’s account and restrict them from using the website in the case they are found to be not competent to enter into a contract according and within the meaning of the Indian Contract Act, 1872.
User Account and Registration
Gweka.com asks a user to register on the website and create an account. By creating an account, a user agrees that the information provided by the user is correct and true as per their knowledge. A user must also agree that in the case they intentionally provide information that they know is incorrect or untrue, Gweka.com reserves the right to suspend their account or terminate it permanently and restrict them from accessing the website. Also, a user must agree that if Gweka.com suffers any loss or damage due to false or inaccurate information, they shall be liable to indemnify us for such loss.
Furthermore, the users also agree that it is their sole responsibility to maintain confidentiality of their account’s username and password. Gweka.com will not be liable or responsible for any illegal activity occurring under the user’s account and have the authority to suspend or terminate a users’ account without prior intimation/ information.
Users shall agree that the use of the website is subject to certain contracts. We request you to kindly read the terms of the contract carefully. In case a conflict arises between the user and Gweka.com, the terms of the contract shall prevail in all given circumstances.
Communications
By providing information, resume, or any other data a user agrees to communicate with us through emails or other electronic modes periodically. We shall keep the user updated regarding a job application or any relevant other information that maybe of an interest to the user. In case if a user doesn’t wish to receive any further emails at any time or refuse to communicate, users are free to unsubscribe to our emails. At the time of registration, users shall also provide their phone numbers and agree to receiving relevant alerts from Gweka.com.
Gweka.com is not responsible for any communication whether electronic or not between the users of the website. Also, we will not be responsible for any communication other than that related to jobs between the employers and the job applicants. We do not make any representations or warranties related to the services provided through this website. Gweka.com also does not represent or guarantee the opinions of third parties and the authenticity of the information provided on the website by other users or any other third party. Users shall rely on such information at their own risk. By accessing the website, users also agree to release and indemnify Gweka.com from any liability occurring out of the actions undertaken by a third party of the users.
While communicating, users shall comply with the provisions of the Information Technology Act, 2000 and the Rules, bye laws or guidelines made under the Act.
While we try our best to ensure a users’ privacy at all times, Gweka.com will not be responsible for any loss or damage to users due to disclosure of information related to online transactions including those made by Credit Card/ Debit Card/ UPI or any other online payment mode.
Prohibited Use of the website
Geeks.com prohibits the following activities by users. By accessing the website, users agree that they shall not indulge in the following activities at any given time. If users are found to be indulging in the prohibited activities, Gweka.com reserves it’s the rights to take recourse to necessary legal action and remedies as maybe available.
Following activities are prohibited for the users:
- Displaying, publishing, transferring, sharing and modifying information belonging to a third-party or any other user.
- Displaying, publishing, hosting or sharing information which is abusive, defamatory, harmful, seditious, blasphemous, pornographic, obscene, incites hatred, offensive, misleading, promotes bigotry, casteism, racism, physically harms against any individual or group. The users shall not engage in any other illegal activities on the website including displaying information related to gambling.
- Displaying, publishing or sharing any image or information that is prohibited under Indecent Representation of Women (Prohibition) Act, 1986.
- Displaying or sharing such information that is meant to spam or threaten people.
- Users are prohibited from posting information related to buying, selling, trading or making illegal weapons.
- Information shall not promote any illegal activity or violate the rights of any third party. These rights shall include intellectual property rights and privacy rights but are not limited to the same. Furthermore, the users shall not promote any information that is subjected to copyright.
- Users shall not try to gain unauthorized access to the website or any other person’s account.
- Users shall also not engage in commercial activities such as selling or advertising products or indulging in barter practices. Users shall not post information related to club memberships or other money earning schemes.
- No user shall interfere with the right of other users from accessing the website.
- Users shall not violate the provisions of any other law for the time being in force.
- Users shall not display or share information related to third-party links or such information that contains software viruses, trojans, worms or horses that might cause harm to any individual.
- Users shall, at any time, not mislead or post resume or job application on the behalf of any other individual. The users shall also not apply for a job on the behalf of any other person.
- Users shall not share the contact details of the employer or job applicant to any third party including an agent.
- Users shall not share their password with any third person or solicit passwords from other people.
- Users are prohibited from posting any job for a competitor’s website or promote any job information that redirects the other users to Gweka’s competitors.
- We do not allow the users to post any information regarding modeling or scouting talent.
- The employers shall not use the information provided by applicants for any purpose other than that for a job requirement. Neither the employers nor the job seekers shall directly contact each other or communicate until and unless it is permitted or arranged by the company.
- The employers are prohibited from offering a job to the applicants who asks them to pay money in the form of a fee or security deposit.
- Users are also prohibited from displaying information that contains restricted, hidden pages, or contains images/ videos of any other person.
- Users shall not attempt to gain unauthorized access to the website or any server, network through the website.
- Users shall refrain from checking the vulnerability of website, a third party or a network connected to Gweka.com and also ensure not to breach the security of other users and networks. Any attempt to decipher, disassemble or reverse engineer the website’s software is also strictly prohibited.
- Users are prohibited from sending us bulk emails, spam messages or commercial emails promoting a product or service. Any user found doing so their account shall be blocked without prior intimation/ information.
- Users are strictly prohibited from using any form of data extraction tools or resort to any such methods to navigate through the website.
- Users shall not post derogatory, defamatory content on the website about Gweka.com. We reserve the right to delete such content.
- Users shall not exploit the website or the services provided by Gweka.com for any illegal purpose.
If any user is found engaging in prohibited activities and/ or posts derogatory content on the website, Gweka.com reserves the right to edit or remove such content that violates the privacy policy, terms of use and any law in force for the time being. We shall also take necessary legal action/ recourse if the need arises and shall also file suits and claim damages. Gweka.com will not be responsible for any content posted online by users and it is the sole responsibility of the users to keep a check on their account activity.
Terms of Use for Employers
It is the Employers’ responsibility to maintain confidentiality of their account and password on website. User is under an obligation to immediately notify as well as indemnify Gweka.com of any unauthorized use of account.
Gweka does not represent and warrant the use of website by jobseekers. Employers shall also verify authenticity of information provided by users in their resume and otherwise. Gweka.com will not be held responsible for any misleading, false, incomplete information provided by users. Gweka.com shall not be held liable for any loss or damage incurred by employer in any manner whatsoever. A record shall be maintained of all communication whether through electronic modes or telecommunication between the employer and the applicant for safety purposes.
Employers shall not make any significant changes in job description or salary without prior permission of Gweka.com. Employer is further prohibited from demanding any fee or security deposits by job applicants. Employers is under an obligation to keep Gweka.com updated with all relevant communication that are held with the applicants.
Gweka shall share resume of users for the purpose of hiring. Employer is under an obligation to take necessary measures to protect the privacy of applicants and strictly comply with all data and protection laws. An Employer shall not disclose details contained in a job applicant’s resume or their personal information to any third party. Employer shall forthwith delete resume or any personal information of the user in case no hiring is done. Employer shall refrain from approaching an applicant directly at any given time. In case an employer fails to comply with these terms, Gweka.com reserves its right to take necessary legal action against the employer. Gweka.com shall not be held liable for any breach of data of job applicants by the employer.
It is the user’s responsibility to perform due diligence before entering into any contract with the employer and accepting the offer letter. Gweka.com does not represent and warrant the information provided by the employer regarding the job and shall not be held liable for any loss or damage occurring due to the conduct of the employer. Moreover, Gweka.com will not be responsible for any communication between the employer and the user post accepting the job offer.
Users shall understand that Gweka.com is a job consultancy and not an employer in itself. Gweka.com simply provides for a platform to help individuals seek jobs. We do not guarantee any job placement with a particular employer.
Consent to Use of Data
By accessing the website, users acknowledge that their personal information such as IP address etc. shall be automatically stored on Gweka.com. Upon registration on website, users agree to the collection, storage and use of their personal information such as name, age, gender, email address, residential address, mobile numbers, occupation, credit card/ debit card information, web login details, hardware and software and other information of the like nature. Users accessing website through their phones acknowledge and agree that Gweka.com collects and uses information related to their mobile device including their physical location
For more information on how Gweka.com collects, processes and uses personal data of users, they shall refer to our privacy policy.
Content Available on the Website
Gweka.com does not control any third party generated content posted on website including but not limited to texts, images, videos, advertisements, trademark, logos, user interface, sound and more.
Users are prohibited from reproducing, copying, uploading, translating or sharing information posted on the website in any form to any other platform, server or website without prior permission.
Intellectual Property Rights
Gweka.com undertakes and ensures that it will protect the intellectual property rights of all. By accessing the website, users also agree to protect the same.
Users are prohibited from reproducing, copying, modifying, displaying any information that amounts to copyright infringement. Gweka.com will not be responsible for any violation of intellectual property rights by users. In case of any complaint regarding copyright infringement or violation of any other intellectual property rights, users shall be held liable and indemnify Gweka.com against the same.
Terms of Payment
Gweka.com accepts only advance online payments with no refund policy other than in exceptional circumstances. Refund shall only be provided on our sole discretion. Gweka.com holds no responsibility for any loss or damage occurring to users due to payment methods or transactions made by users. Gweka.com shall not be held liable for any lack of authorization of transaction, exceeding transaction limit as prescribed by bank, decline of online transactions or any other payment issue of the like nature.
Users shall make all payments in the Indian currency (INR) only. Gweka.com shall not accept payments in other currency.
Users also agree and understand that the payment facility at Gweka.com only facilitates transactions made by the users alone. It is in no way a financial or a banking service, all transactions through a credit or debit cards are provided through a gateway and users shall agree to the terms as provided by their respective bank.
Gweka.com strictly prohibits employers from charging any sort of fee from applicants. Therefore, it is recommended that users must refrain from carrying out any transaction to a potential employer. Users shall immediately inform us in case an employer makes any unwarranted demands of money in the name of fees.
Limited Liability
GWEKA.COM, ITS REPRESENTATIVES, AND AGENTS HAVE LIMITED LIABILITY. WE SHALL NOT BE HELD LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGE TO ANY USER OR THIRD PARTY IN RELATION TO THE TERMS OF USE OF THE WEBSITE. WHILE ACCESSING THE WEBSITE, USERS AGREE, UNDERSTAND AND ACCEPT ALL RISKS INCLUDING DEALING WITH MINORS, READING FALSE OR MISLEADING INFORMATION AND MORE. THE WEBSITE MAY CONTAIN SOME INFORMATION THAT CONTAINS ERRORS, IS INACCURATE, INCOMPLETE OR FALSE. USERS SHALL MAKE USE OF SUCH INFORMATION AT THEIR OWN RISK. GWEKA.COM WILL NOT BE HELD LIABLE FOR ANY LOSS ARISING OUT OF THE CONDUCT OF ANY USER, EMPLOYER OR A THIRD PARTY.
Indemnity
BY ACCESSING THE WEBSITE, USERS AGREE TO INDEMNIFY GWEKA.COM, DEFEND AND HOLD IT HARMLESS AGAINST ANY LEGAL CLAIMS OR DEMANDS ARISING DUE TO ANY INFORMATION PROVIDED BY THE USER ON WEBSITE OR BREACH IN TERMS OF USE OF THE WEBSITE. GWEKA.COM SHALL INFORM YOU OF ANY SUCH SUIT OR CLAIMS.
Disclaimer of Warranty
UPON ACCESSING THE WEBSITE, USERS AGREE THAT THE INFORMATION AVAILABLE ON GWEKA.COM IS PROVIDED ON ‘AS IS’ BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OTHER THAN THOSE EXPRESSLY PROVIDED IN WRITING. GWEKA.COM DOES NOT WARRANT THAT THE INFORMATION PROVIDED ON THE WEBSITE WILL BE AVAILABLE AT ALL TIMES OR THAT THE INFORMATION WILL BE ACCURATE AND ERROR-FREE. GWEKA.COM ALSO DOES NOT WARRANT THAT THE INFORMATION, SERVERS OR ANY THIRD-PARTY LINKS ARE FREE OF VIRUSES, TROJANS OR ANY OTHER HARMFUL COMPONENTS. GWEKA.COM SHALL NOT BE LIABLE FOR ANY DAMAGE OCCURRING DUE TO THE USE OF THIS WEBSITE.
Applicable Laws
The terms of use of this website are governed by the laws of India. No waiver of these terms and conditions is allowed other than expressly provided for by Gweka. In case of any conflict, parties shall resort to arbitration as a peaceful mode of settlement.