Introduction

This document has been created as an electronic record in terms with the Information Technology Act, 2000, and rules there under, as applicable, and any amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Acts in India or any other Country.

In accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011, it is required to publish the rules and regulations, Privacy Policy and user agreement for access or usage of dufther.com. This document serves this purpose. Since this is an electronic record, it does not require any physical or digital signatures.

The Portal, "www.dufther.com" (hereinafter referred to as "Website"), owned and managed by BLUESPARX TECHNOLOGIES PRIVATE LIMITED, a private limited company, incorporated under the Indian Companies Act, 1956 and having its registered office at E-109/F-117, Nerul Railway station Complex, Nerul West, Navi Mumbai 400706, India (hereinafter referred to as "Bluesparx"). All activities associated with Dufther.com will be associated and connected with "Bluesparx" and Dufther.com wording will mean Bluesparx.

Dufther.com is a Job Portal site where candidates can register and apply for jobs while the employers (Industrial Companies)/agencies (manpower/Human resources) can register, post jobs, post candidates (agencies) and hire prospective candidates. We will be operating as an Omni-channel platform which will enable access through mobile devices, tablets, desktop etc.

For any transaction on the website, you shall be subject to the policies that are applicable to this Website. By mere use of the Website, You will be contracting with Dufther and these terms and conditions including the policies constitute your binding obligations, with the Website. "You" or "User" shall mean any legal person who has accessed the Website by providing Registration Data while registering on the Website as a Registered User using the computer systems. The terms "We", "Us", "Our" shall mean Dufther.

You accept the terms and conditions in full for using our website and if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

We will ask you to explicitly agree to these terms and conditions while registering on our site.

You must be at least 18 years of age for using our website or agreeing to these terms and conditions, you confirm that you are at least 18 years of age.

Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our policies.

When you use any of the services provided by us through the Website, including but not limited to candidate registration, job postings, exhaustive search facilities etc. you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. Dufther reserve the right to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to you. It is your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the revisions.

Usage

• The main purpose of this website is to facilitate the communication between the candidates, Employers and Agencies for getting connected and achieve the purpose of fulfilling the requirements in terms of Jobs and candidates. You will use this site for the objective of only fulfilling your requirements for jobs or candidate or both. You will abide by the applicable laws and regulations for usage of the information available on our site in terms of job information and Candidate details.
• You may only use our website for employment purpose, and you must not use our website for any other purposes.
• Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
• Unless you own or control the relevant rights in the material, you must not: republish materials from our site, sell, or rent materials from our website, publicise material from our website, exploit material from our website for a commercial purpose or redistribute material from our website.
• We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

Registration

For using our website effectively it is required for you to register on the site. It will be our sole discretion to Permit or deny your registration. Once permitted you can access the site using your registered mobile number and the OTP. You will be responsible for managing the confidentiality of your OTP and you agree to receive OTP and required notifications on your registered mobile number. You agree that the registered mobile number can be associated with multiple roles while registering on www.dufther.com. You may change your registered mobile number on our site. Dufther.com will not be responsible for any issues that may occur incase the registered mobile is no longer associated with your profile (lost your mobile, change of mobile number etc.).

You shall be responsible for the accuracy of the registration details provided by you. You shall be responsible for maintaining the confidentiality of display name and mobile number and you shall be responsible for all activities that occur under your Display Name and mobile number. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide You with access to the Website. Such act on your part can accrue legal implications due to violation of laws not limited to criminal liability on your part. Further, the user agrees to indemnify Dufther for all losses incurred by it 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 Dufther.

If you are registering as a Recruiter, Placement/Manpower Consultant and Manpower/ Placement Agency, you represent that you are duly authorized to register and by accepting these Terms of Use you bind such underlying business entity to these Terms of Use. Any data of your usage may be retained or deleted at Dufther's sole discretion. You agree that the User Content uploaded can be used and viewed by other third parties who access the Website.

By using our Services and providing us with your contact information, you agree that we can send you communications about our services and job / employment related matters / alerts. By using our services or by filling out any forms/agreements on or through the services, providing us with information or making an inquiry, you acknowledge that we have an established business relationship with you and you expressly consent to being contacted by us or our service providers, whether by phone, mobile phone, text (SMS), email, postal mail or otherwise. From time to time, when you call us we may wish to record those phone calls for quality assurance and customer's / user's satisfaction purposes. In those jurisdictions where consent is required in order for a party to record any telephone call, you consent for us to record your call when you call us.

All User Content will be used and processed in accordance with these Terms of Use and the Privacy Policy. You agree that you have read and understood the Privacy Policy. All the documentation mentioned in our Privacy policy are accepted by you after agreeing to the Terms and condition of this document.

You may register for an account with our website by submitting the account registration form on our website.

You must not allow any other person to use your account to access the website. You must notify us in writing immediately if you become aware of any unauthorised use of your account. You must not use any other person's account to access the website, unless you have that person's express permission to do so.

We may suspend your account, cancel your account; and/or edit your account details at any time in our sole discretion without notice or explanation. Alternately you may also cancel your account on our website using your account control panel on the website.

Acceptable Use

You must not:

• Use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
• Use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
• Use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
• conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or [in relation to our website without our express written consent];
• Access or otherwise interact with our website using any robot, spider or other automated means [ except for the purpose of [search engine indexing]];
• You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

Content: Rules

• You warrant and represent that your content will comply with these terms and conditions.
• Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
• Your content, and the use of your content by us in accordance with these terms and conditions, must not:
• be libellous or maliciously false; be obscene or indecent; infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right; infringe any right of confidence, right of privacy or right under data protection legislation; constitute negligent advice or contain any negligent statement;
• constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
• be in contempt of any court, or in breach of any court order;
• be in breach of racial or religious hatred or discrimination legislation;
• be blasphemous;
• be in breach of official secrets legislation;
• be in breach of any contractual obligation owed to any person;
• depict violence in an explicit, graphic or gratuitous manner;
• be pornographic, lewd, suggestive or sexually explicit;
• be untrue, false, inaccurate or misleading;
• consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
• constitute spam;
• be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or cause annoyance, inconvenience or needless anxiety to any person.

We do not warrant or represent:

• the completeness or accuracy of the information published on our website;
• that the material on the website is up to date; or
• that the website or any service on the website will remain available.

We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

Obligation

The Accuracy of the information given at the time of registration will be the sole responsibility of the candidate, employer or agencies who are using the site (hereby termed as "User" or "Users")

• The User has all the Prerequisites/Licenses/approvals for feeding the information on the site. Any claims or damages which arises out of the information put on the site will not be the responsibility of Dufther or it's affiliated companies. The user agrees to keep Dufther indemenified against any demands, damages, or claims arising out of the information put on dufther.
• Any permissions, consents, approvals and intellectual property or any other rights as required for using the information on our site shall be obtained by the User at his own cost and reputation.
• You will agree and comply to all the notices or instructions given by Dufther from time to time to enable the use of the Service.
• For any payments, the User understands and agrees that User is responsible for the payment of all applicable taxes and for all costs that are incurred in using the Website's service.
• For all information stored, retrieved, and transmitted through Dufther, user will be the responsible for the content,
• The User understands and agrees that he/she shall at all times comply with the requirements of Information Technology Act 2000 as well as all rules, regulations, guidelines, bye laws and notifications made thereunder.
• The User hereby explicitly agrees that Dufther has performed and complied with the requirements of Information Technology Act 2000 as well as all rules, regulations, guidelines, bye laws and notifications made thereunder.
• The User shall immediately notify Dufther incase of any un-authorized usage of the User's account or any other breach of security.
• The Usage of the OTP for the site shall be kept confidential by user and will not be disclosed to any other person. The user identification and all activities and transmission performed by the User will be through his user credentials only.
• The User shall promptly make the payment when it is due for the various services on the site.
• The user will Indemnify Dufther for any instance where the user finds his information being used by any third party sites or services either in the online mode or in the offline mode/any action or claim committed/made by any third party resulting from any information posted on the site by the user or/and anybody else on his behalf.
• For communication and additional functionalities on the website, we will be using third party software tools and linkages. This will/may result in your data to be accessed by Third party vendors and by accepting to this Terms and Conditions, you agree to share your data as required for the software to serve the functionalities required.

Prohibited actions

• Users are not authorized to resell or assign his/her rights or obligations to another third party.
• The site and it's services will be used only for the purpose for which the site has been created.
• The User agrees to adhere and comply with all applicable laws of India relating to the Services, including any regulation made pursuant thereto.
• User is prohibited from uploading multiple resumes of the same User/Individual using same or different accounts.
• Dufther reserves all rights to remove, edit the content of the users.
• The User shall not share the Service with any person without the prior written approval of the Dufther.
• The services will not be used by the users for any unlawful or criminal activities.
• The User shall not infringe on any intellectual property rights of any individual/organization or/and retain information in any form.

Limitations and exclusions of liability

Nothing in these terms and conditions will govern any liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

To the extent that our website and for the information and services on our website we will not be liable for any loss or damage of any nature.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

We will not be liable to you in respect of any loss or corruption of any data, database or software.

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions.

Breaches of these terms and conditions

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

1. Send you one or more formal warnings;
2. Temporarily suspend your access to our website;
3. Permanently prohibit you from accessing our website;
4. Block computers using your IP address from accessing our website;
5. Contact any or all of your internet service providers and request that they block your access to our website;
6. Commence legal action against you, whether for breach of contract or otherwise; and/or
7. Suspend or delete your account on our website.

Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking [(including without limitation [creating and/or using a different account])].

Variation

We may revise these terms and conditions from time to time.

The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or [to consent to, revisions of these terms and conditions.] OR [We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.]

If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

Assignment

You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

Third party rights

A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

Entire agreement

These terms and conditions together with our privacy and cookies policy shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

Law and jurisdiction

Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Navi Mumbai.

Trademark, copyrights and Restriction

All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights.

Material on Website is solely for your personal, non- commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and you must not assist any other person to do so.

Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non- commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

Our details

This website is owned and operated by BLUESPARX TECHNOLOGIES PRIVATE LIMITED. We are registered as a Private Limited Entity wth Company CIN as "U72900Mh3020PTC340744" and you can find the online version of the register at mca.gov.in.

We are also registered as a startup entity in India and are subject to governing rules which can be found at startupindia.gov.in.

You can contact us at support@dufther.com for any queries on our Terms and Conditions.