Obligations of the User
1. The User expressly states that all the particulars and information supplied by the User (“User Data”) while availing of the Service are correct and complete in all respects and does not contain any false, distorted, manipulated, fraudulent or misleading facts or averments. Further, it is the sole responsibility of the User to update the User Data. Also, the User agrees to indemnify Win Over Cancer for all losses incurred by Win Over Cancer due to any false, distorted, manipulated, defamatory, libelous, vulgar, obscene, fraudulent or misleading facts or otherwise objectionable averments made by the User on the network of Win Over Cancer.
2. The User undertakes not to duplicate, download publish, modify and distribute any material available on the Website unless specifically authorized by Win Over Cancer in this regard.
3. The User is solely responsible for maintaining confidentiality of the User’s password and User identification. Win Over Cancer shall not be responsible for data loss/theft of data/corruption of data or the wrong usage/misuse of the password and any damage or leak of information and its consequential usage by a third party.
4. The User hereby expressly agrees that he/she shall, at all times, comply with the requirements of the Information Technology Act, 2000 as well as rules, regulations, guidelines, bye laws and notifications made thereunder.
5. The User shall be solely responsible for all information retrieved, stored and transmitted by him through the Website.
1. The Service is only meant for candidates, who either are or were at any time afflicted with a cancer condition or who are immediate blood relation of any person who is or was afflicted with a cancer condition, looking for suitable jobs. The User shall use the Service for personal, non-commercial use only.
3. The User shall not display, upload, modify, publish, transmit, update or share any information that:
(a) belongs to another person and the User does not have any right with respect to displaying, uploading, modifying, publishing, transmitting, updating or sharing such information;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
(c) harm minors in any way;
(d) infringes any intellectual property rights of any person and / or retain information in any computer system or otherwise with an intention to do so;
(e) violates any law for the time being in force;
(f) deceives or misleads the addressee/ other Users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonate another person;
(g) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Website or any computer resource; (h) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
1. Win Over Cancer disclaims any and all liability arising out of and does not offer any warranty or guarantee with respect to –
(a) the use of the Service which is provided on an “as is” basis and the User is solely responsible for such usage. Win Over Cancer expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
(b) the credentials, bonafides, status or otherwise of the resume / User Data that is uploaded on the Website by the User. Win Over Cancer will not be liable on account of any inaccuracy of information on this Website. It is the responsibility of the prospective employer / recruiter to further conduct their background research regarding the information available on the Website.
(c) receiving a satisfactory response or any response at all from the prospective employer / recruiter that would lead to a probable employment opportunity for the User. Further, Win Over Cancer shall not be liable for any circumstances thereafter once the prospective employer / recruiter offers an employment to the User based on such mutually accepted terms and conditions between the User and the prospective employer / recruiter. Win Over Cancer will not be party to any legal proceedings between the User and a prospective employer / recruiter.
(d) the quality and genuineness of responses received from the prospective employer / recruiter in connection to the uploaded resume / User Data. Win Over Cancer does not monitor these responses that an User may receive.
(d) the credentials, bonafides, status or otherwise of the prospective employer/recruiter who downloads the resume / User Data and uses it to contact the User.
(e) any loss of data due to technical reason or otherwise; or loss of the resume/ User Data due to acts of god as well as reasons beyond its control like corruption of data or delay or failure to perform as a result of any cause(s) or conditions that are beyond the reasonable control of Win Over Cancer including, but not limited to, strikes, riots, civil unrest, change in government policies, tampering of data by unauthorized persons like hackers, distributed denial of service attacks, virus attacks, war and natural calamities.
2. Win Over Cancer reserves the right (a) to make all such modifications/editing of resume / User Data in order to fit resume templates, resume display formats or database fields within and (b) to reject and delete any resume/ User Data uploaded on the Website by the User without assigning any reason.
3. The Service provided through the Website is free of cost and the User alone is entitled to add, modify or change the User Data uploaded by him on the Website but does not entitle the User to use the Service to upload User Data /resume of any third party
4. The Service provided through the Website does not create any agency relationship whether expressed or implied between the User and Win Over Cancer.
5. Win Over Cancer does not warrant that the Website be free of any operational hazards or errors nor that it will be free of any virus or/and worm or/and any other harmful components.
Limitation of Liability
To the fullest extent permissible by law, under no circumstances shall Win Over Cancer be liable for indirect, incidental, consequential, special or exemplary damages arising from the use / inability to use the Service provided through the Website, even if the Win Over Cancer has been advised of the possibility of such damages, such as, but not limited to, damages resulting from lost User Data or lost employment opportunity or loss of anticipated profits or business interruption.
Governing Law and Jurisdiction
Discontinuation or Modification of Service
Win Over Cancer reserves the unilateral right to add to and/or change and/or delete and/or end or prematurely withdraw its Service or any part thereof at anytime with or without notice to the User for any reason including on account of business exigencies and/or regulatory or statutory changes. Win Over Cancer shall not be liable to the User or any third party in case Win Over Cancer exercises its unilateral right to modify or discontinue the Service.