aboutME360- Terms & Conditions

Terms & Conditions for User

This document is an electronic record in terms of the Information Technology Act, 2000 and rules thereunder in force, and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000 from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of the internet resource https://www.aboutme360.com as well as the aboutME360 mobile application platform and any other application or software run under the brand name “aboutME360”. These User Terms and Conditions (“User T & C”) apply to the access and use of any aboutME360 application or software whether run through the internet resource aboutME360 or through the aboutME360 mobile application or on any other media platform (hereinafter referred to as the “Website” or “aboutME360”). The website or App platform shall be used by any person to rate individuals based on various parameters, primarily catering to hiring issues being faced by the employers, Team Leaders and others through it and for general purposes knowing in general about any individual’s personality, behaviour in general and how is he perceived as a human being on various counts, basically, feedback on the individuals which is not available in the open to the world at large. The data so obtained will be available and can be viewed by all and the same may be provided to organisations and Companies, primarily for hiring purposes or any other purposes, suitable and beneficial in the eyes of the firm, for the members/users/firm, to enhance the reach and opportunities for the users of the application and the users by virtue of these terms and shall permitted use of the data by the firm in the manner specified above and shall not object to such use at any juncture, collectively referred to as (the “Services”) and the person using the Application or the website is hereinafter referred to as “User” or “you”.

Welcome to aboutME360 (“us”, “we” or “Firm”), which is the proprietorship firm operating in Indian Territory as well as overseas. By visiting and registering with the Website/Application, you agree that the User T & C shall be a legally binding agreement between User and us/ aboutME360.

Before using our Services, you are requested to please ensure that you have carefully read and understood these User T & C, which shall apply. Your use of our Services is expressly conditional on your acceptance of these User T & C.

Please read these User T & C carefully before using this Website and/or mobile Application.

1. FIRM INFORMATION

aboutME360is a proprietorship firm having its registered office in New Delhi. It also has website and a Mobile Application/Application for providing services in the Indian Territory as well as overseas. You acknowledge that aboutME360 would not be responsible for any incorrect information or the contents displayed on the Website/Application as we do not authenticate any data input or data input source. The data is solely based on the credibility of the user, as the same is obtained from the Peers, Stakeholders, subordinates or others who are also the users of this mobile application/website. However, the Firm reserves the right in its sole discretion to remove any content or data, information or material (“User Content”) from the Website/Application from time to time.

This page sets forth the User T & C under which aboutME360 provides information, as well as the User T & C governing your use of this Website/Application and Services.

aboutME360 is a Sole proprietorship firm having its registered office address at B1/35, Second Floor, Hauz Khas, New Delhi-110016

2. TERMS OF USE

Your use of this Website/ Application is subject to the following terms of use:

a) The content of the pages of this Website/Application is for your general information and use only. It is subject to change without notice any unauthorised use of this Website/Application may give rise to claims for damages and/ or be a criminal offence.

b) The website or mobile Application shall be used to rate individuals based on various parameters catering primarily to the hiring issues being faced by the employers, team leaders and others through it and for general purposes, knowing in general about any individual’s personality, behaviour in general and how is he perceived as a human being on various counts, basically, feedback on the individuals which is not available in the open to the world at large. The data so obtained shall be available in public domain and could be viewed by all and may be provided to organisations and Companies, primarily for hiring purposes, or any other purpose, suitable and beneficial in the eyes of the firm, for the member/users/firm, to enhance the reach and opportunities for the users of the application and the users by virtue of these terms shall permit such use of the data by the firm and shall not raise any objection at later stage.

c) The firm shall not be responsible for any incorrect information available on the website or the mobile application as the data could be input by any member/non-member/user and the firm does not authenticate any data input or source.

d) The relationship level being selected by the user while providing data input and rating the members/candidate by the supervisors/peers/stake holder/subordinates/others, shall be solely on the credibility of the user and the firm does not cross check or verifies the data so obtained so the relationship selected at any stage.

e) The user shall ascertain the legality of such use of data in view of the laws prevailing in that jurisdiction at that juncture and permit the firm to use its data, any claims with respect to use of data by the firm shall not be permitted by virtue of these terms of use and it shall be the sole responsibility of the user to ascertain this while using the services of the firm.

f) The user has the option to stop him from being rated by his peers or any other user, however, the last rating shall continue to be reflecting under his/her name and would mention as “Suspended” and further ratings shall not be permitted or be allowed.

g) The user may opt being rated “Only by invitees” or by anyone “Anyone can rate”. The option opted by the user for being rated shall be reflected on the rating page. The user is also at liberty to open up the rating to be carried out by anyone “Anyone can rate” during his/her journey with the firm/mobile application/website.

h) The weighted average/algorithm used shall be confidential to firm and not be shared.

i) The score/rating against each head given by each user or each person rating shall be kept confidential and shall not be shared with the users of the mobile application/website.

j) The average score shall be published /modified (if already existing) only after the rating has been carried out by three users/ individuals/ additional three rating individuals.

k) The person availing the services shall be minimum of 16 years of age or whatever is the permissible age limit in the jurisdiction in which the Application or the website is being used, in case the law does not permit the use of such application or website due to any reasons, whatsoever; the application shall not be downloaded at all. By virtue of the user downloading the application, the user confirms that the use of such application is permitted by the law prevailing in that jurisdiction and the user abides by the permissible age limit.

l) The firm may pull data from time to time basis, from other apps, social networks and other rating companies like financial sites which may be termed as relevant (as perceived by the firm) and vice versa.

m) The service statements on this Website are for general description purposes only.

n) Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Website/Application for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

o) The Website may contain links to other third party sites. Such sites will contain their own separate terms and conditions. Your access to and use of these interactive sites will require acceptance of these separate terms and conditions.

p) You agree to use the Website/Application only for lawful purposes. You agree not to take any action that might compromise the security of the Website/Application, render the Website/Application inaccessible to others or otherwise cause damage to the Website or the content therein. You agree not to add to, subtract from, or otherwise modify the content, or to attempt to access any content that is not intended for you. You agree not to use the Website in any manner that might interfere with the rights of third parties.

q) This Website/Application uses cookies to monitor browsing preferences.

r) We make no warranties or representations about this Website/Application or any of its content. aboutME360 is not responsible to you or anyone else for any damages of any kind, including (but not limited to) any direct or consequential loss and losses resulting from security failure, disclosure of confidential information by other parties or the transmission of a computer virus, suffered in connection with the use of this Website/Application. Your use of any information or materials on this Website/Application is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Website/Application meet your specific requirements.

s) All materials herein and all firms’ software are proprietary to firm and protected by worldwide copyright and other intellectual property laws. Except as stated herein, none of the materials may be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of the firm.

t) Unauthorised use of this Website/Application may give rise to a claim for damages and/or be a criminal offence.

u) Any violation of these User T & C may result in legal liability upon you. Nothing in these User T & C should be construed to confer any rights to any third party or any other person. Your use of the Website/Application means you are consenting to this User T & C and agree to be legally bound by it.

v) You acknowledge and agree that nothing in these User T & C shall have the effect of transferring the ownership of any copyrights, trademarks, service marks, trade names or other proprietary rights in the Website or Application or any other Material or any part thereof to you or any third party.

3. PROHIBITED USE

As a condition of your use of the Website, you will not use the Website for any purpose that is unlawful or prohibited by these User T & C or by any domestic or international laws, statues, ordinances and regulations. Your use of Website/Application is your responsibility.

You shall not, display, upload, modify, publish, transmit, update or share any information on the Website, that-

a) Belongs to another person and to which you do not have any right;

b) Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or otherwise unlawful in any manner;

c) Harm minors in any way;

d) Infringes any patent, trademark, copyright or other proprietary rights;

e) Violates any law for the time being in force;

f) Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

g) Impersonate another person;

h) Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.

4. COPYRIGHT

aboutME360 does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you. By submitting or sending information or other material to us you represent and warrant that the information is original to you and that no other party has any rights to the material. By submitting or sending information or other material to us you grant us the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also warrant that any "moral rights" in posted materials have been waived. You agree and acknowledge that by using this Website/Application, any and all communications and/or information transmitted by you to or through the Website/Application will not be treated as confidential or proprietary.

References on the Website/Application to services and products or supplied information or data provided by aboutME360 are on an "as is" and "as available" basis, without warranty of any kind, either express or implied. Without limitation of the foregoing, We specifically disclaim any and all warranties, including, but not limited to: (i) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, or usefulness of the content of the Website/Application; and (ii) any warranties of title, warranty of non-infringement, warranties of merchantability or fitness for a particular purpose, or warranties arising from a course of dealing, usage or trade practice. This disclaimer of liability applies to any damages or injuries occurring as a result of: (i) any error, omission, deletion, or defect in the content, or (ii) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of record, unauthorized access to, alteration of, or use of record, whether for breach of contract, tort, negligence, defamation, or any other cause of action. We do not warrant or guarantee: (i) that any portion of the Website/Application will be free of infection by viruses, worms, trojan horses, or anything else manifesting contaminating or destructive properties; or (ii) that access to the Website will be uninterrupted or error-free.

Under no circumstances, including, but not limited to, negligence, shall We be liable to any party for: (i) any direct, indirect, special, punitive, incidental, exemplary, consequential (including, but not limited to, damages for business interruption, loss of business profits, loss of programs, or loss of information), or any other damages arising in any way out of the availability, use, reliance on, or inability to use the materials in this Website/Application, even if aboutME360 authorized representative has been advised of the possibility of such damages; or (ii) any claim attributable to errors, omissions, or other inaccuracies in, or destructive properties of the Website. In no event shall our total liability to you herein, for any claim or action arising from use of the Website/Application (whether in contract, tort, or otherwise) exceed the amount paid by you, if any, for accessing this Website/Application. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the fullest extent permitted by law.

5. TRADEMARKS

“aboutME360” logo/word marks are registered trademarks or applied for registration and/or service marks of the firm for exclusive use in Indian Territory. Nothing contained in the Website/Application should be construed as granting, by implication or otherwise, any license or right to use these marks without express written permission of Firm. Other names, brand names, registered and unregistered trademarks or service marks and logos (the “Marks") are the property of their respective holders. Nothing contained in the Website should be construed as granting, by implication or otherwise, any license or right to use the Marks without express written permission of the owner or rights holder with respect to such use.

6. USER REGISTRATION

You may use the Website/Application without registration however, to participate in certain activities of the Website/Application you may be requested to create an account or you can login any other third party service account permitted by the Website. In the event you wish to create an account with us you may do so by completing the registration process. You agree to a) provide true, accurate, correct and complete information as prompted by the applicable registration form b) maintain and update true, accurate, correct and complete information provided by you during the registration process. You may be required to choose a password and user name. You are solely responsible for maintaining the confidentiality of your password and account.

If at any time Firm believes that your account and password is being misused in any manner, or that the information provided by you during the registration process is not true, inaccurate or incomplete the Firm reserves the right to cancel your account and block your access to Website/Application.

You are entirely responsible for any and all activities that occur under your account. You agree to notify the Firm of any unauthorized use of your account or any breach of security. Firm will not be liable for any loss that you may incur as a result of someone else using your password or account or your failure to comply with this section.

7. LINKED SITES

Linked sites are not under the control of aboutME360, Firm is not responsible for the contents of any linked site or any link contained in a linked site. aboutME360 provides links to you only as a convenience, and the inclusion of any link does not imply endorsement by aboutME360, Firm has no control over such third party Website/Applications or any offsite dealings with such third parties is at your own risk.

8. USE OF GOOGLE ANALYTICS & GPS

The Website uses Google Analytics, a web and mobile analytics service provided by Google, Inc. ("Google"). Google Analytics uses "cookies", which are text files placed on your device, to help analyze how users use the Website/ application. The information generated by the cookie about your use of the Website/application (including your IP address) will be transmitted to and stored by Google on servers in the India or Cloud. Google will use this information for the purpose of evaluating your use of the Website/Application, compiling reports on Website/Application activity for operators and providing other services relating to Website/Application activity and Internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. By using this Website/Application, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

9. ADVERTISING MATERIAL

Some part of the Website/Application may contain advertising information or promotion material or other material submitted to aboutME360 by third parties. Responsibility for ensuring that the material submitted for inclusion on Website/Application complies with applicable law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of advertisers or including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. Firm will not be responsible or liable for any claim, error, omission, inaccuracy in advertising material or any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website/Application. Firm reserves the right to omit, suspend or change the position of any advertising material submitted for insertion.

10. TYPOGRAPHICAL OR OTHER ERRORS

While aboutME360 takes reasonable care and skill to provide information which is accurate and up to date when first included on the Website/Application, typographical and other errors may nevertheless occur. We do not undertake to update or correct such information and reserve the right to modify, delete and rearrange any or all of the contents of this Website/Application at any time without notice to you. While we make reasonable efforts to prevent unauthorized tampering with the Website/Application, we do not guarantee that our efforts will always be successful. Therefore, as set out below, we do not warranty that the Website/Application materials will be error-free, and disclaims any liability for such errors.

11. DATA PRIVACY

This Website/Application Privacy Policy governs our collection, use, and disclosure of your personal information and is incorporated into these User T & C. Please read it carefully. It describes what information we collect from you and when, how and why we may create an account for you, who we share your information with and when and how you can opt-out or freeze your account. This is important information. By providing your personal details and by using our Website/Application, you consent to our Privacy Policy.

12. CONSENT TO ELECTRONIC COMMUNICATIONS AND TRANSACTIONS

By clicking the ‘I Agree’ button, you consent to receive communications, notices and information from us electronically, whether sent by e-mail or other electronic means. Electronic communications shall be deemed to have been received by you when we send the electronic communication to the email address / mobile number that as per our records, or when we post the electronic communication on the Website.

13. APPLICABLE LAW

These User T & C shall be a legally binding agreement between User and us and shall be governed by and interpreted and construed in accordance with the laws of India. Notwithstanding the foregoing, we reserve the right to pursue any action or claim against you in any court of competent jurisdiction which we believe is the most appropriate to seek any relief. Subject to the arbitration provision herein, the courts at New Delhi, India shall have exclusive jurisdiction over any claims or matters arising out of these User T & C.

14. DISCLAIMER OF WARRANTIES

WE MAKE NO REPRESENTATION AS TO THE ACCURACY, TIMELINESS, OR COMPLETENESS OF THE WEBSITE/APPLICATION MATERIALS. WE PERIODICALLY AMEND, CHANGE, ADD, DELETE, UPDATE OR ALTER THE INFORMATION, INCLUDING, WITHOUT LIMITATION, THE USER T & C, AT THE WEBSITE/APPLICATION WITHOUT NOTICE. FURTHER, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE/APPLICATION. WE SPECIFICALLY DISCLAIM ANY DUTY TO UPDATE THE INFORMATION ON THE WEBSITE/APPLICATION. YOU ARE RESPONSIBLE FOR VERIFYING ALL INFORMATION LOCATED ON THIS WEBSITE/APPLICATION.

ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE/APPLICATION (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.

15. ENTIRE AGREEMENT

These User T & C together with the Privacy Policy, as amended from time to time, constitute the entire agreement between you and us. If any provision of these User T & C or any policy are considered unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these User T & C or any policy and shall not affect the validity and enforceability of any remaining provisions.

16. CHANGES TO TERMS OF USE

We reserve the right to modify them at any time, and without actual notice to you. All such changes to these User T & C will appear on the Website/Application.

By using this Website/Application following any modifications to these User T & C, you agree to be bound by any such modifications to these User T & C. If any changes to these User T & C are unacceptable to you, you must discontinue use of the Website/Application. We reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Website/Application, including for any violation of any provision of these User T & C. We also reserve the right to change the Website/Application without notice to you, at any time.

17. LIMITATION OF LIABILITY

Use of the aboutME360 Website/Application is at your sole risk. While we make reasonable efforts to ensure the safety and functionality of our Website/Application, these efforts may fail and errors may occur. IN NO EVENT SHALL FIRM OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE CONTENT OF THIS WEBSITE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, COMPUTER VIRUS OR SYSTEM FAILURE, OR LOSS OF DATA OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEBSITE/APPLICATION (OR THE CONTENT PROVIDED AT THIS WEBSITE/APPLICATION ON ANY APPLICATION RELATED TO ANY THIRD PARTY), OR USERS' INABILITY TO USE THE CONTENT CONTAINED IN THIS WEBSITE (OR ANY OTHER APPLICATION), ON ANY THEORY OF LIABILITY. WE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY OR ARISING FROM YOUR RELIANCE ON THE CONTENT OF THIS WEBSITE/APPLICATION. THESE WAIVERS APPLY EVEN IF FIRM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO US FOR ACCESSING THIS APPLICATION.

THE FOREGOING LIMITATIONS WILL APPLY EVEN IF ANY REMEDY PROVIDED UNDER THESE USER T & C FAILS OF ITS ESSENTIAL PURPOSE.

18. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Firm and their affiliates, parents, subsidiaries, and their respective employees, agents, contractors, officers, proprietor, successors and assigns from all liabilities, claims, damages and expenses, including without limitation attorneys' fees and costs, that arise from your use or misuse of this Website/Application, without limitation, any actual or threatened suit, demand, or claim made against Firm arising out of or relating to the User Content, your conduct, your violation of these User T & C, or your violation of the rights of any third party.

19. TERMINATION

We shall have the right immediately to terminate this agreement with you and your use of the Website/Application if we determine in our sole discretion that you have breached any of these User T & C or otherwise been engaged in conduct which we determine in our sole discretion to be unacceptable. Upon termination or expiration of these User T & C, your obligations and our rights and disclaimers survives, but your right to use the Website/Application immediately ceases. Any express waiver or failure to exercise promptly any right under these User T & C will not create a continuing waiver or any expectation of non-enforcement.

20. GENERAL TERMS

a) Force Majeure: In no event shall Firm/aboutME360 be liable for any acts beyond its control or for any acts of god.

b) Modification of Services: We reserve the right to modify or discontinue (completely or in part) our Website/Application, Services, or any content appearing therein. We will not be liable to you or any third party if we exercise this right.

c) No Waiver: Our failure to exercise or enforce any right or provision of these User T&C will not be deemed to be a waiver of such right or provision.

d) No Third-Party Beneficiaries or Rights: These User T&C do not create any private right of action on the part of any third party or any reasonable expectation that the Website/Application or Services will not contain any content that is prohibited by these User T&C.

e) Complaints: In the event you have any complaint(s) pertaining to Services provided through this Website/Application, please feel free to email us at aboutME360mg@gmail.com and kindly provide your name, email address, physical address and contact numbers so that we may be in a position to verify details or check the authenticity of the complaints.

f) Assignment: You may not assign or otherwise transfer your rights or obligations under these User T&C. We may assign our rights and duties under these User T&C without any such assignment being considered a change to these User T&C and without any notice to you.

g) Notices: Any notices or other communications that you wish to send to us may be addressed to the registered office at B1/35, Second Floor, Hauz Khas, New Delhi-110016.

h) Dispute Resolution: Any Dispute relating in any way to your visit to Website/Application or to Services through Website/Application shall be submitted to arbitration in New Delhi, India, except that, to the extent you have in any manner violated or threatened to violate this Website’s intellectual property rights, We may seek injunctive or other appropriate relief in any court in India or internationally, and you consent to exclusive jurisdiction and venue in such courts.

i) The Arbitration under this agreement shall be in accordance with the provisions of the Indian Arbitration and Conciliation Act, 1996 (as amended from time to time). The Award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this agreement shall be joined to an arbitration involving any other party subject to this agreement, whether through class arbitration proceedings or otherwise.

j) We reserve the right to make changes to our Website/Application, policies, and these User T & C at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

k) Feedback: We welcome feedback, comments and suggestions for improvements to the Services ("Feedback"). You can submit Feedback by emailing us at aboutME360mg@gmail.com.

l) Contact Information: If you have any questions or suggestions regarding our User Terms and Conditions, please contact us at aboutME360mg@gmail.com.