TERMS OF SERVICES

The website, ECT Consultancy is an electronic web based platform for exploring opportunities and enhancing outreach using the online search and other tools available for the Employers / Recruiters / Consultants / Members. With its registered office at No-78G, Panvel - Kochi Kanyakumari Highway, Pleasant Nagar, Nagercoil, Tamil Nadu 629001 (India). Any and all use of this website is subject to, and constitutes acknowledgment and acceptance of, the following Terms and Conditions ("Terms"). It is mandatory for all Members of the Site to have read carefully, fully understood and be in total agreement to the below mentioned Terms before they proceed to use any of the services of the Site ("Services"). The Services are available only to those individuals who can form legally binding contracts under the Indian laws. We may amend these Terms of Use at any time by posting the amended version on this site. Such amended version shall automatically be effective upon its posting on this site.

Definition Clauses

The following expressions shall have the following meanings in the Agreement defined below:

• DATE OF ACTIVATION: is defined as the date specified by the ECT Consultancy in its notice to the Member either through email indicating the approval to the Member's registration and permission to access the Service.
• EXPIRY DATE: is defined as the expiry date of the notice of termination of the services.
• MEMBER: is any person who accesses the Site for whatever purpose, regardless of whether said Member has registered with ECT Consultancy as a registered Member or whether said Member is a paying customer for a specific service provided by the Site. A Member includes the person using this Site to access any information on the Site.
• ECT Consultancy: is defined as the Internet web site of the Company at ECT Consultancy
• SERVICES: is defined as the services to be provided by the Company to the Member at ECT Consultancy including the provision of facilities for the following:

(a)A Member who wishes to reach a job seeker.

(b)A Member who wishes to hire a job seeker through ECT Consultancy.

(c)A Member who wishes to advertise at www.ectconsultancy.online

(d)Member who wishes to receive advertisements, newsletters and promotional messages on ECT Consultancy and through emails.

• SUBSCRIPTION FEES: is defined as the payment that has to be made to ECT Consultancy to access the services.
• REGISTRATION DATA: is defined as all the information and particulars of the Member requested on initial application and subscription, including but without limiting to the Member's name, mailing address, email address, account and telephone number. The words can be used either in the singular or plural sense and those implying one gender shall also include the other.
• RATES: The subscription rates for the Services shall be at the price indicated in the Rate Card or the Company may prescribe such other rates from time to time. Liability for the Subscription Fees shall accrue from the Date of Activation.

Member's Obligations

The Member agrees and expressly states that he/she is solely responsible for the accuracy and completeness of the Registration Data and other information given to the Company in the application for membership in order to use the Service. The Member will ensure that the data shared with ECT Consultancy doesn’t contain any fraudulent, false, misleading or manipulated facts. The Member is responsible for the set-up or configuration of all the necessary equipment required to access the Service. The Member will comply with all notices or instructions given by the Company from time to time in respect of the use of the Service. The Member shall be solely responsible for all information retrieved, stored and transmitted through the Service by him.

The Member is solely responsible for the maintenance of confidentiality of the login information. This would include the Member's password and Member Membername and all activities and transmission performed by the Member at ECT Consultancy. The Member will immediately notify the Company of any unauthorized use of the Member's account or any other breach of security known to the Member. The Member will pay promptly the Subscription Fees as required by the Company from time to time. The Member will take all such measures as may be necessary (including without limitation changing his password from time to time) to protect the secrecy.

In case you chose to discontinue your association with us, you can unsubscribe / remove your account by completing the delisting procedure using the Remove Account link available in your folder. With this registration, you agree to accept communications (through Calls/Chat/ Mails/SMS) on the numbers made available during registration or subsequently irrespective of being on Do Not Call Registry; which include company / your number / an assigned point of contact; with respect to the subscribed services of ECT Consultancy.

Proprietary Rights in Content on ECT Consultancy

ECT Consultancy owns and retains other proprietary rights in the site as well as the services. The Site contains the copyrighted material, trademarks, and other proprietary information of ECT Consultancy. You may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information, except for that information which is in the public domain or for which you have been given permission.

Intellectual Property Rights

All logos, brands, trademarks, registered marks ("Marks") appearing in ECT Consultancy are the properties either owned or used under license by the Company and / or its associates. All the rights accruing from the same, statutory or otherwise and intellectual property rights wholly vest with the Company / its associates. All rights not otherwise claimed under this Agreement or by the Company / its associates are hereby reserved. The access to the Site does not confer upon the Member any license or right to use these Marks and therefore the use of these Marks in any form or manner whatsoever is strictly prohibited. Any violation of the above would constitute an offence under the prevailing laws of India.

Prohibited Use

The Member will not allow any person other than the authorized person(s) named in the application form to use the Service. The Member shall use the Service only for the purpose for which it is subscribed. The Member will comply with all applicable laws and shall not contravene any applicable law of India relating to the Services, including any regulation made pursuant thereto. The Member shall not to use the Service for any unlawful purpose including without limitation criminal purposes. The Member shall not to use the Service to send or receive any message, which is offensive on moral, religious, racial or political grounds or of an offensive, vulgar, obscene, malicious or menacing nature. The Member shall be prohibited in persistently sending messages or make postings on ECT Consultancy to any other Member or third party who access ECT Consultancy without reasonable cause or for causing any peril, harassment, annoyance, irritation, or anxiety to any person.

The Member is prohibited to introduce, upload, post, distribute, publish or transmit any information or software that:

• Contains a virus, worm or other harmful component into the Internet or ECT Consultancy network system.
• Breaches on any intellectual property rights of any person or retain information in any computer system or otherwise with such intention.
• Is unlawful, or which may potentially be perceived as being abusive, defamatory, libelous, harmful, threatening, harassing, vulgar, obscene, or racially, ethnically, or otherwise objectionable.
• Is meant to mislead or deceive the other Members
• Infringes any trademark, patent or copyright rights

ECT Consultancy doesn't allow registration/transactions by any member/user that has direct or indirect involvement to any sanctioned countries / territories (Cuba, Iran, Syria, North Korea / Democratic People's Republic of Korea, Crimea and Sevastopol / Crimean Autonomous Republic) as per sanctions laws imposed by UN, US, UK, EU or any other Government and/or Regulatory authorities.

In the event of a violation of any of the above mentioned covenants by the Member, and same comes to the Company's knowledge, the Company shall have the right to delete any material relating to the violations without prior notice to the Member. The Company shall issue a warning to the Member to discontinue any activity, which leads to the said violations, and in the event the Member continues with such activity, the Company has the sole authority to terminate or suspend the membership at ECT Consultancy and/or any other related facility. In addition to the right to indemnity available to the Company, the Company shall have the right to any legal remedy, against the Member to recover the loss suffered by the Company and the harm caused to the goodwill of the Company, due to such violation by the Member.

Copyright Policy

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the ECT Consultancy service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the our Site; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. ECT Consultancy's Copyright Agent for Notice of claims of copyright infringement can be reached by writing to the address located under the Contact Us section on the site.

Confidentiality

As ECT Consultancy is an online platform so it cannot guarantee confidentiality of information provided by Members who use the Site, so any breach in privacy due to technical fault or any other means is not the responsibility of ECT Consultancy. The agreement between ECT Consultancy and the Member can neither be deemed as "non-poach agreement" nor can the same be termed or used as an alternative to "non-poach agreement" as ECT Consultancy being a public site, all information posted by Member on the Site goes to the public domain except information / data which is specifically assigned as a non-public / private character. The Member is entitled access to his own data and information stored in the database at ECT Consultancy (subject to prior confirmation of identity) and may edit or amend such data and information at any time.

The Members need to be aware that when they voluntarily reveal identification oriented information (name, e-mail address) in chat and bulletin board areas, such information may be collected by a third party resulting in unsolicited messages from third parties. Such interaction is beyond the control and liability of ECT Consultancy. ECT Consultancy is liable to share all information available with it in response to any legal proceedings including and not restricted to court orders, notices, subpoena, FIR etc. The copyright, know how or any other related intellectual property to the Service or ECT Consultancy shall be the sole and exclusive property of the Company. In the event the Member has contributed any content to ECT Consultancy in any manner whatsoever, the intellectual property of the same shall stand automatically assigned to the Company and the Member shall have no right or claim over the same. In the event the Member during the term of his agreement or any time thereafter, uses such intellectual property in any other website or related activity, the same can be construed to be an infringement of the intellectual property belonging to the Company and the Company shall have the right to legal recourse in this regard.

Maintenance of Service

The Company may at any time deactivate or suspend the Member's access to ECT Consultancy and/or the Services (as the case may be) without any prior notice in order to carry out system maintenance, upgrading, testing, repairs and other related work. Without prejudice to the other provisions of this Agreement, the Company shall not be liable for any loss and damage, costs and expense that the Member may suffer or incur, and no fees or charges payable by the Member to the Company shall be deducted, refunded or rebated, as a result of such deactivation or suspension.

Modification to Service

The Company reserves the right to modify or discontinue the Service with or without notice to the Member. Same for paid service, a pro-rated refund shall be effected for the remaining unused period. The Company shall not be liable to the Member or any third party should the Company exercise its right to modify or discontinue the Service.

Suspension of Service

Without prejudice to any other rights or remedies of the Company, the Company may suspend the Service provided by the Company in the event that any dues payable by the Member are not paid. Upon suspension, the Service shall be deemed to be terminated from the date stipulated by the Company and the Member shall be liable for all charges and fees incurred until that date. Upon subsequent payment by the Member of the requisite payment as per the Company's demands, the Company may at its sole discretion and subject to such terms as it deems proper, reconnect the Service.

ECT Consultancy reserves the right to block the job posted by the Member in case, any of the following is found:

• Objectionable Contents includes: Offensive, abusive, threatening, obscene, defamatory or libelous materials.
• Multiple Profiles includes: A job opening would cater to a single requirement only. The Member is being allowed to post a single requirement in multiple categories, however only a single profile is allowed for each job opening.
• Contact Information includes: Any email address, phone numbers, postal address and any other means of contact material is prohibited in job details.

Website designing services

Website designing service is one of the deliverables with some of Paid Services and the Site reserves the sole rights on its technical maintenance. Each Member hereby agrees to indemnify and save the Site/Company, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise due to interruptions because of Third Party Services, technical errors while uploading or after hosting of website. As Website designing service is a free service with some of the Paid Services, hence the Site retains the sole rights of all the technical details including FTP details. No claim(s) shall be entertained regarding the same. Since the data of the template based website is driven through the centralized database of the Site, hence it is non-transferable on any other server and any such attempt would render the website non-functional. As Website designing service is a free service with some of the Paid Services, hence the Site retains the sole rights of all the technical details including FTP details. No claim(s) shall be entertained regarding the same.The Members hereby agree to extend full cooperation in assimilation of the information required for site development and approve of correspondence by phone/mail. Reminder mails would be sent if the Members do not respond to calls/mails and/or do not provide the details/material requested and/or do not provide necessary approvals/feedbacks on progress of website/incomplete material/ incomplete images/layout/ hosting of website etc. The website designing service would be terminated / lead as per the company policy if no revert is received from the Member after the 2nd reminder mail. Re activation of website designing services / request for modification would be only on paid basis. On completion of website development, the temporary link would be sent to the Members and modifications would be entertained only if the same are sent within the next 5 days. On lapse of the 5 days, if no feedback is received, it would be deemed as consent for hosting the site on the domain.All changes, after website hosting would be undertaken on paid basis.Any exception / flexibility in the above circumstances would be at the sole discretion of the Site and would require a written request from the Member.

Disclaimer

The Company shall not be liable for any loss of information how so ever caused whether as a result of any interruption, suspension, or termination of the Service or otherwise, or for the contents, accuracy or quality of information available, received or transmitted through the Service. The Member shall be solely responsible, and the Company shall not be liable in any manner whatsoever, for ensuring that in using the Service, all applicable laws, rules and regulations for the use of systems. The Company makes no representations and warranties of any kind, whether expressed or implied, for the Services and in relation to the accuracy or quality of any information transmitted or obtained through the Services of ECT Consultancy. The Company's liability under this Agreement shall not in any event exceed the total amount of fees and charges paid by the Member to the Company for the period immediately preceding two (2) months prior to the incident that has resulted in the relevant claim.

The Company shall not be liable for any loss or damages sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the Member's account and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed. The Company neither guarantees nor offers any warranty about the credentials, status or authenticity of the prospective employer/organization contacting the Members post download of the resume or by access to the information/data posted by the Members. The Company does not warrant that ECT Consultancy or any of the web sites linked to ECT Consultancy be free of any operational errors or that it will be free of any virus, worm, or other harmful component.

The Member acknowledges that it is not the Company's policy to exercise editorial control over and to edit or amend any data or contents of any emails or posting or any information that may be inserted or made available or transmitted to a third party in or through ECT Consultancy. The Company may refuse, suspend, terminate, delete or amend any artwork, materials, information or content of any data or information or posting so as, in the sole opinion of the Company, to comply with the legal or moral obligations as placed on the Company and to avoid infringing a third party's rights or any other rules, standards or codes of practices that may be applicable to the posting or ECT Consultancy or the internet. It is the sole prerogative and responsibility of the Member to check the authenticity of all or any response/ inquiry received or information displayed.ECT Consultancy is a public site with free access and assumes no liability for the quality and genuineness of responses ECT Consultancy neither guarantees nor offers any warranty about the credentials of the contacted parties including prospective employer / consultant / visitor / job seeker / Member and it is for the members to test, analyse and verify the same at their own end. The resume / data fed by the Member can be updated by the Member alone and is solely their liability so ECT Consultancy is not responsible for the updated status of the information.

Use of Data

The Member hereby agrees and irrevocably authorizes the Company to:

• Use any data and information supplied by the Member in connection with this Agreement for the Company's own purpose, to the company supplying such data and information to any other associated companies or selected third parties including search engines.
• Use any data furnished by the Member in order to float offers or send mails regarding specific services and such mails may not been proclaimed or deemed to be unsolicited communique.
• Allow all data and information supplied by the Member in using the Service to remain at ECT Consultancy for the use of the Company in accordance with service agreement with the Member, notwithstanding the termination or suspension of the Service to the Member herein. Unless the Member informs the Company to delete all such data and information following the termination or suspension of the Service to the Member, such data and information remain in the Company's property, records and databases.

Indemnity

You agree to indemnify and hold ECT Consultancy, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above.

Variation

The Company reserves the right to amend the terms and conditions contained herein and in the Services Guide at any time upon notice (in such form as may be determined by the Company) to the Member.The Terms and Conditions of this agreement will be updated from time to time and posted at ECT Consultancy. The Member should visit the site periodically to review the Terms and Conditions. For the avoidance of doubt, the Member's continued use of the Service constitutes an affirmation and acknowledgement of the amended terms and conditions.

Limitation of Liability

ECT Consultancy only offers a platform to showcase the openings and the resumes and has no role in any transaction or communications and hence shall not be liable for any loss or damage of any sort arising out of the use and/or temporary or permanent discontinuation of its services. Notwithstanding anything to the contrary contained herein, ECT Consultancy, liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to ECT Consultancy, for the Service during the term of membership. ECT Consultancy being a public site with free access assumes no liability for the quality and genuineness of responses. ECT Consultancy cannot monitor the responses received by any Member in response to the information posted by them and so displayed on the site. Member should conduct its own background checks on the bonafide nature of all response(s). ECT Consultancy will not be liable for any inaccuracy of information on this website.

ECT Consultancy expressly disclaims any liability arising due to presence of any fraudulent information published on the site. The Member is warned against disclosure of any personal / confidential / sensitive information to any previous or current employee of the company. The Member would do so solely at his / her own risk and Site / Company shall not be liable for the outcome of any such transaction of information including and not limited to damages for loss of profits or savings, business interruption, loss of information or repute. That there are certain free and paid features which may not be incorporated in the mobile application version though they are a part of the original website since the mobile apps are designed to be compact and light to ensure a smooth experience. Each Member hereby represents, warrants and agrees that the same shall be acceptable as a matter of fact and no requests to incorporate any such feature in the mobile app version would be initiated by the Members.

The Member hereby agrees to take full responsibility to research well before making using of any information on the Site. ECT Consultancy shall not be liable for any loss or damage of any sort arising out of the use and/or temporary or permanent discontinuation of its services. Notwithstanding anything to the contrary contained herein, ECT Consultancy, liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to ECT Consultancy, for the Service during the term of membership. The User agrees that certain services which involve Third Party Service Providers, such as Payment Gateway Integration, the role of ECT Consultancy would be limited to its integration and all subsequent support/issue resolution would be provided by the User's chosen Third Party Service Provider only. ECT Consultancy shall not be held liable for any disruption / delay / failure in Third Party Services.

Suspension / Termination of Services

ECT reserves the right to partially suspend the Member's access to certain features, panels, access points or fully terminate a Member's Account at any time without assigning any reason or notice to the Member (Free and Paid Members) in order to protect the interests of other Members of ECT Consultancy and / or the interests of ECT Consultancy.Termination or suspension either fully or partially as deemed fit by ECT Consultancy may be on reasonable grounds to suspect / on receipt of complaint / a belief / an investigation / a notification from law-making bodies or governing authorities and can be done for the following reasons:

• If there is any breach of the provisions of this Agreement by the Member(s).
• If any Member is found to be in violation of the below stated undertaking that the Member agrees to abide by:
• They are fully authorized and solely responsible for all the job openings and associated information advertised by them at ECT Consultancy.
• They would ensure that all job openings advertised or sought to be filled by using the Services of ECT Consultancy are genuine and in existence.
• The Services of ECT Consultancy would be used for solely fulfilling genuine job openings and never be exploited for any other commercial purpose.
• All correspondence with the jobseekers would be done on ethical grounds without any sort of impersonation or provision of fraudulent information.
• If the information provided by the Member(s) is untrue, inaccurate or is not current or complete, or if the Member(s) unlawfully uses another person's or business entity's name or impersonates another person or business identity in any manner.
• If the Member's actions may cause financial loss or legal liability to other Member(s), or ECT Consultancy or its affiliates.
• If the Member(s) is engaged in misuse or fraudulent use of the Services or involved in illegal / prohibited / inappropriate communications / activities / transactions
• If the Member(s) posts any material that is unrelated to the services extended by the Site or uses the Site for spamming
• If the Member(s) is involved in unauthorized access, use, modification, or control of the Site database, network or related services.
• If the Member(s) accesses another Member(s) account by obtaining another registered Member(s) Member name and/or Password.
• If the Member(s) infringes the intellectual property rights of any other person or business entity.
• If the Member(s) activity that may not be in accordance with the ethics and honest business practices.

With such termination, the Member(s) would lose the authority to use the Free and Paid Services of the Site and would not be entitled to register again with new Member information unless permitted by ECT Consultancy in writing. No membership charges / subscription fee paid by the Member(s) will be refunded in case of termination. The Member(s) acknowledge and agree that any direct or indirect damage caused due to such termination are not a liability of ECT Consultancy.

Member Disputes

The Members are solely responsible for your interactions at ECT Consultancy and ECT Consultancy reserves the right, but has no obligation, to monitor disputes between Members.ECT Consultancy will not be party to any legal proceedings between Member and any other registered or free Member for any transactions through the Site. ECT Consultancy will always abide by governing / legal authorities order and cooperate fully through the process, but the costs of the same shall be recovered from the party that has implicated ECT Consultancy in such case.

Governing Law and Jurisdiction

This Agreement and any dispute or matter arising from incidental use ECT Consultancy is governed by the laws of India and the Member and the Company hereby submit to the exclusive jurisdiction of the courts at India. This Agreement, accepted upon use of the Site and further affirmed by becoming a Member of the ECT Consultancy, contains the entire agreement between you and ECT Consultancy regarding the use of the Site and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.