Rules & Regulations

  1. INTRODUCTION
    1. The purpose of these rules and regulations are to outline the acceptable use of computers, computer systems, computer networks, computer resources and communication devices of the web-site www.jobishh.com (hereinafter referred to as “web-site” or “Jobishh”) and Touching Heights Business Solutions LLP and provide users of computer resources of Jobishh and Touching Heights Business Solutions LLP with basic knowledge and general guidance for proper, fair, efficient, and effective use of their computer resources.
    2. Jobishh is the business name of Touching Heights Business Solutions LLP. The services offered by Jobishh range from resume writing to other career auxiliary services. All Jobishh trade names, trademarks, logos, domain names including without limitation www.jobishh.com, all content on Jobishh, are the exclusive property of Jobishh and Touching Heights Business Solutions LLP.
  2. DEFINITIONS

    In the present rules and regulations, unless the context suggests otherwise, the following expressions and terms are deemed to signify the following:

    1. “Company” means Jobishh and Touching Heights Business Solutions LLP, its subsidiaries and its affiliates companies.
    2. “Copyright” includes all rights conferred by the Law on Copyright. Specifically means the exclusive right of the holder to publish, produce, represent or perform in public, via a telecommunications system or otherwise, to translate or adapt to another form his/her work or a significant portion of the work, or to allow another person, whether natural or body politic, to do so. To act in any such manner without the consent of the holder of the copyright constitutes a violation of the copyright.
    3. “Data” means a representation of information, knowledge, facts, concepts or instructions which are being prepared or have been prepared in a formalized manner, and is intended to be processed, is being processed or has been processed in a computer system or computer network, and may be in any form (including computer printouts, magnetic or optical storage media, punched cards, punched tapes) or stored internally in the memory of the computer.
    4. “Electronic record” means record or data generated, image or sound stored, received or sent in an electronic form or micro film or computer generated micro fiche.
    5. “Information” includes data, message, text, images, sound, voice, codes, computer programmes, software and databases or micro film or computer generated micro fiche.
    6. “Information Technology Resources” means the technology infrastructure for processing and exchange of information, including computing and telecommunications (voice, video, and data) devices and associated resources to operate, maintain, and utilize the technology infrastructure.
    7. “Jobishh” means Jobishh and Touching Heights Business Solutions LLP, its subsidiaries and its affiliate companies.
    8. “Jobishh Communications” means all communications that have a Jobishh and Touching Heights Business Solutions LLP business purpose.
    9. “Network Administrator” means any person employed by Jobishh controlling and managing a part or the totality of the computer resources and telecommunications network.
    10. “Personal Communications” means all communications that does not have a Jobishh business or official purpose.
    11. “Personal information” means any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available with a body corporate, is capable of identifying such person.
    12. Sensitive Personal Information (SPI): Sensitive personal data or information of a person means such personal information which consists of information relating to:
      1. Password;
      2. Financial information such as bank account or credit card or debit card or other payment instrument details;
      3. Physical, physiological and mental health condition;
      4. Sexual orientation;
      5. Medical records and history;
      6. Biometric information;
      7. Any detail relating to the above clauses as provided to body corporate for providing service; and
      8. Any of the information received under above clauses by body corporate for processing, stored or processed under lawful contract or otherwise
    13. “System Administrator” means the person(s) responsible for managing central computer or file servers, including operating systems and application software.
    14. “Server” means a computer that supports access to electronic services or information for network users.
    15. “Telecommunications” means all communications made through or on Jobishh telephones, electronic mail, radios, facsimile machines, or any other electronic communication device.
    16. “Use of Telecommunications Equipment” means any use of Jobishh and Touching Heights Business Solutions LLP's telecommunications equipment by users.
    17. “User” means any person who accesses or avails any computer resource of Jobishh for the purpose of hosting, publishing, sharing, transacting, displaying or uploading information or views and includes other persons jointly participating in using the computer resource of Jobishh and Touching Heights Business Solutions LLP. Users include employees, management, contractors, agents, subsidiaries, affiliates, staffs, clients, customers, subscribers and visitors of the computer resources of Jobishh and Touching Heights Business Solutions LLP.
    18. "Employer" means a person or entity that is accessing web-site to post a job or utilizing the Services for any reason related to the purpose of seeking candidates for employment.
    19. “Work” means any literary, dramatic, musical or artistic work, data or information bank (text, sound, graphics or visual), performance work or any other work covered under the Copyright Law, whether the work is displayed in a conventional setting (book, sound track, videocassette) or by electronic means, (diskette, CD-ROM, computer software, hard drive) or accessible by Internet.
  3. AUTHORIZED USE
    I. It is pertinent to point out that the Users below 18 years of age are not permitted to use Jobishh computer resources without the permission of their parents/guardians.
  4. ACCEPATABLE USE OF JOBISHH COMPUTER RESOURCES
    1. Users of Jobishh and Touching Heights Business Solutions LLP’s computer resources shall respect the copyrights, trademarks, trade secrets, proprietary rights and other intellectual property rights of Jobishh and its affiliates, subsidiaries, agents, contractors and third parties, whether connected with Jobishh or not.
    2. Users of Jobishh and Touching Heights Business Solutions LLP’s digital resources shall respect and comply with policies, rules and regulations, terms and conditions, users’ agreements and Information Security Practices and Procedures and other security measures implemented by Jobishh and Touching Heights Business Solutions LLP.
    3. Users of Jobishh and Touching Heights Business Solutions LLP’s computer resources shall respect the terms of the present rules and regulations.
    4. Users of Jobishh and Touching Heights Business Solutions LLP’s computer resources shall use Jobishh and Touching Heights Business Solutions LLP’s computer resources only to create, update, edit, format and export the services (collectively, "Content") using the tools offered for the Service. Further the Web-site are intended for users seeking to improve their profiles and information connected therewith and for employers or recruiters seeking candidates for employment or jobs. Users may use the Web-site only for lawful purposes within the stated context of Jobishh and Touching Heights Business Solutions LLP’s intended and acceptable use of the Web-site. Jobishh is the sole interpreter of the Web-site's intended and acceptable use.
  5. ACTIONS CAUSING DAMAGE
    I. Users shall be liable for legal action including civil and criminal proceeding for their acts done in such a way as to damage the resources of Jobishh and Touching Heights Business Solutions LLP. Such acts would include specifically, to engage in hacking or spread computer viruses, or the unauthorized destruction or modification of data or software, or diminishing of value or utility of electronic information residing in a computer resource or affecting it injuriously by any means or unauthorized use of the access code or password of another user, or any action intended to deactivate, challenge or bypass any Jobishh information technology security system or which contravenes the present rules and regulations, policies of Jobishh and Information Technology Act, 2000 as amended and rules and regulations, notifications, guidelines made thereunder.
  6. LINKS TO THIRD PARTY WEB-SITE
    1. Jobishh’s computer resources may contain links to other Web-site ("Linked Web-site"). Linked Web-site are not under Jobishh's and Touching Heights Business Solutions LLP's control and Jobishh shall not be responsible for the contents of any Linked Site, including the maps in any computer resources from Google or including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Jobishh is not responsible for any form of transmission received from any Linked Site.
    2. Jobishh provides these links to users only as a convenience, and the inclusion of any link does not imply endorsement by Jobishh of the Linked Site or any association with its operators.
  7. THIRD PARTY ACCOUNT INFORMATION
    1. By using the login service, users authorize Jobishh to access, if applicable, third party web-site designated by users or on users’ behalf, and to retrieve information requested by them, and users appoint Jobishh as their agent for this limited purpose. Each time users enter their account login information, users are permitting Jobishh to process their request and use information submitted by users to accomplish the foregoing.
    2. Users will choose a password when registering. Users are responsible for maintaining the confidentiality of their password and account. Users are fully responsible for all activities that occur using their password or account. Please notify Jobishh immediately of any unauthorized use of your password or account or any other breach of security. Jobishh will not be liable for any loss that users may incur as a result of someone else using their password or account, either with or without their knowledge.
    3. Users may not use anyone else's password at any time.
  8. MATERIALS PROVIDED TO JOBISHH OR POSTED AT ANY JOBISHH WEB SITE
    I. Jobishh does not claim ownership of the material that users provide to Jobishh or that are gathered by Jobishh users’ use of any Jobishh computer resources/web-site or its associated services (collectively "Submissions"). However, by providing users Submission, users are granting Jobishh permission to use it in connection with the operation of their businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, reproduce, edit, translate and reformat users Submission; and to publish users name in connection with users Submission. No compensation will be paid with respect to the use of users Submission as provided herein. Jobishh is under no obligation to post or use any Submission users may provide and may remove any Submission at any time, at Jobishh and Touching Heights Business Solutions LLP's sole discretion. By providing users Submission, users warrant and represent that they own or otherwise control all of the rights to their Submission as described in this section including, without limitation, all the rights necessary for users to provide, post, upload, input or submit the Submissions.
  9. DISCLAIMER
    1. The information, products, and services included in or available through Jobishh computer resources/Web Web-site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Jobishh and/or its respective suppliers may make improvements and/or changes in Jobishh computer resources/web-site at any time. Jobishh and/or its respective suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on Jobishh computer resources/web-site for any purpose. All such information, software, products, services and related graphics are provided "as is" without warranty of any kind.
    2. Jobishh hereby disclaims all warranties and conditions with regards to any of the abovementioned information, software, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Jobishh be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of Jobishh web-site, with the delay or inability to use Jobishh web-site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through Jobishh web-site, or otherwise arising out of the use of Jobishh web-site, whether based on contract, tort, negligence, strict liability or otherwise, even if Jobishh has been advised of the possibility of damages.
    3. If users are dissatisfied with any portion of Jobishh web-site/computer resources or with any of these rules and regulations, users’ sole and exclusive remedy is to discontinue using Jobishh web-site/computer resources.
    4. Users agree that their use of the Service shall be at their own risk. To the fullest extent permitted by law, Jobishh and Touching Heights Business Solutions LLP, its officers, directors, employees and agents disclaim all warranties, express or implied, in connection with the Service and Users' use thereof.
    5. Jobishh makes no warranties or representations about the accuracy or completeness of the Services or Content or the content of any web-site linked to the Service and assumes no liability or responsibility for:
      1. errors, mistakes, or inaccuracies of Content,

      2. personal injury or property damage, of any nature whatsoever, resulting from Users' access to and use of the Service,
      3. any unauthorized access to or use of our secure servers and/or all personal information and/or financial information stored therein,

      4. any interruption or cessation of transmission to or from the Service,

      5. any bugs, viruses, Trojan horses or the like which may be transmitted to or through the Service by any third party, and/or
      6. any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
    6. Jobishh hereby specifically disclaims that it does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by them or third party through the Jobishh Service. Further, Jobishh will not be a party to or in any way responsible for monitoring any transaction between Users and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, Users should use their best judgment and exercise caution where appropriate.
    7. Jobishh hereby specifically represents that they cannot guarantee that you will get an interview or a job by using the instructions provided on this site or by availing resume writing and other career auxiliary services. The user’s success will entirely depend upon the time and effort put into by user and upon his/her own subject skill sets, personality, education, qualifications, and market availability. Jobishh does not guarantee that following advice on this site or purchasing a template will help the user's career.
    8. That the materials contained on this website are provided for general information purposes only and do not constitute legal or other professional advice on any subject matter.
    9. Jobishh assumes no responsibility for Documents posted by Users and no responsibility for the activities, omissions or other conduct of Users. Jobishh acts as a portal for the online distribution and publication of User submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring Documents posted by Users. If notified by a User of an electronic record, which allegedly does not conform to these Terms and Conditions, Jobishh may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of such Document. Jobishh has no liability or responsibility to Users for performance or nonperformance of such activities. Jobishh may take any action with respect to User submitted information that it deems necessary or appropriate, in its sole discretion.
    10. Nothing on the Web-site shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its web site, products, services, hiring, experience, employment or recruiting practices, or otherwise.
    11. The Web-site is provided on an 'as is' basis without any warranties of any kind, express or implied. Jobishh and Touching Heights Business Solutions LLP, to the fullest extent permitted by law, disclaim all warranties, including, but not limited to, the warranties of merchantability, title, non-infringement of third parties' rights, and fitness for particular purpose. Jobishh makes no warranties about the accuracy, reliability, completeness, or timeliness of the Web-site.
    12. Jobishh does not warrant that the Web-site will operate error-free or that the Web-site and their servers are free of computer viruses or other harmful mechanisms. If your use of the web-site results directly or indirectly in the need for servicing or replacing equipment or data, Jobishh is not responsible for those costs.
    13. Jobishh makes no representations or guarantees regarding the truthfulness, accuracy, legality, completeness, timeliness or reliability of any Documents posted, or of any other form of communication engaged in. Documents may contain inaccuracies or typographical errors. You agree that any reliance on Documents posted, or on any other form of communication with Users, will be at their own risk.
    14. Jobishh makes no representations or guarantees regarding the Content of the Web-site, including, but not limited to, broken links, inaccuracies or typographical errors.
    15. Jobishh makes no representations or guarantees regarding the effectiveness of the Services or timeliness of the Services in meeting your career objectives. Jobishh does not guarantee that the Services will result in candidates being hired, positions being filled or employees being retained, and is not responsible or liable for any business, employment, hiring and/or salary decisions, for whatever reason made, made to its users.
    16. The contents, views and ideas expressed/posted are of the respective Users and Jobishh does not support/endorse any such views, ideas and expressions. Moreover, Jobishh does not represent or guarantee the truthfulness, accuracy, or reliability of any such postings/blogs posted by the Users, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings or any User Content and makes no representations about any jobs, resumes or User Content on the web-site and the Users are cautioned to use common sense and proper judgment in this regard. Jobishh is not involved in the actual transaction between employers and candidates. Any reliance on the content posted by other Users using the web-site shall be entirely at the risk of the User. User assumes all risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false identity.
    17. Jobishh reserves the right without prior notice to access, read, preserve and/or disclose the personal information of the User including the content of the postings/blogs if the same is required:
      1. in order to comply with any court judgment/decree/order/directive;
      2. by any legal/government authority;
      3. by applicable law;
      4. by professional/legal advisers, directors, employees/agents/representatives of Jobishh in connection with these Rules and Regulations or otherwise;
      5. for investigating potential violations of the terms herein or applicable national and international laws;
      6. for investigating deliberate damage to the Services or its legitimate operation;
      7. for responding to service support requests; or
      8. for protecting the rights, property or safety of Jobishh and/or its Directors, employees and the general public at large.
    18. Jobishh reserves the right to store and process the personal information provided by the User in India or any other country where Jobishh or its agents/representatives/group companies maintain storage and processing facilities and the User by using the services herein consents to any such transfer of information outside India without prior notice.
    19. Jobishh shall not be liable or responsible in any manner whatsoever for deletion and/or failure to transmit or store any postings/blogs posted by the User by using the Services herein or personal information provided by the User or any other communication maintained by the Service. Further, Jobishh reserves the right to create limits on use of the said Service and storage at its sole discretion without assigning any reason whatsoever and without giving any prior notice.
    20. Jobishh does not warrant that web-site will operate without any technical error and is free from any computer viruses or other harmful mechanisms. Jobishh shall not be liable in any manner whatsoever for any consequences, claims, damages, and costs etc. arising out of any of the above-said reasons or due to any force majeure factors and/or due to any reasons beyond the control of Jobishh. Jobishh to the fullest extent permitted by law disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose and non-infringement. Jobishh makes no warranties about the accuracy, reliability, completeness, or timeliness of the content, services, software, text, graphics, and links used on the web-site.
    21. Jobishh's maximum liability arising out of or in connection with the web-site or your use of the Jobishh's content, regardless of the cause of action (whether in contract, tort, breach of warranty or otherwise), will not exceed the exact amount of money paid for the relevant service so availed but shall under no circumstances, exceed a sum of Rs. 50,000/.
    22. Jobishh shall not be responsible or liable in any manner whatsoever for the exercise or non-exercise of its rights herein.
    23. The user acknowledges the fact that both Jobishh and Touching Heights Business Solutions LLP have done their due diligence in the manner as stipulated under the Information Technology Act, 2000 as also Information Technology (Intermediary Guidelines) Rules, 2011.
    24. That Jobishh and Touching Heights Business Solutions LLP, as intermediaries, have already published their detailed rules and regulations, user agreement, terms and conditions which informs the users of the computer resources not to host, display, modify, publish, transmit, update or share any information which has been prohibited under the law prevailing for the time being in force, including as detailed in Rule 3 of the Information Technology (Intermediary Guidelines) Rules, 2011.
    25. The user further agrees that if at any point of time, the user sues Jobishh for not being able to secure or get a job; the user shall indemnify both Jobishh and Touching Heights Business Solutions LLP for all the losses caused by the user as a result of such false, fabricated and malicious litigation and prosecution. Both Jobishh and Touching Heights Business Solutions LLP reserve the right to recover not just all expenses incurred by them in defending the said legal action(s) but also the damages caused by the illegal unwarranted acts of suing by the user, including the damages for mental harassment, loss of reputation, standing, goodwill, repute and defamation.
    26. The user further agrees that the present agreement is only a limited agreement for resume writing and other career auxiliary services. The user has no locus standing to ever sue Jobishh in respect of any matter which has got a connection, association, nexus or relationship of any kind whatsoever pertaining to any aspect or factum of the user having applied for, going for an interview or ultimately getting a job with any potential employer, legal entity or third party.
    27. That the user further agrees and undertakes that in case the user files false, fabricated or manipulated complaint or legal action or legal proceedings against Jobishh and/or Touching Heights Business Solutions LLP in contravention of the terms and conditions as detailed, he/she is liable to pay the damages for a sum of INR 10,00,000 for filing any such action against Jobishh and/or Touching Heights Business Solutions LLP and the said entities are entitled to not just sue the said user for such damages but also seek further damages against the user for filing such false, fabricated and manipulated and without any foundation legal complaints, action or proceedings.
  10. CONFIDENTIALITY AND PROTECTION OF PERSONAL INFORMATION
    1. Respect for security measures: The user is under obligation to respect regulations enacted by the law prevailing for the time being in force, respecting access to documents held by public bodies and the protection of personal information as regards storage, access, transmission and dissemination of personal information, specifically through digital resources of Jobishh and Touching Heights Business Solutions LLP.
    2. Dissemination of personal information: The user may not, without authorization from the persons concerned, disseminate personal information whether by written information, photographs or any other visual documents showing these persons participating in an activity, and allowing them to be identified by name.
  11. JOBISHH'S AND TOUCHING HEIGHTS BUSINESS SOLUTIONS LLP’S DUTIES and RESPONSIBILITIES
    1. Jobishh shall not be held liable for any delays, errors or omissions there from, or in the transmission or delivery of all or any part thereof, or for any damages arising from any of the foregoing.
    2. Jobishh shall aim to address any discrepancies and grievances of any users. Such users can notify their complaints to a Grievance Officer. For this purpose, Jobishh has designated a Grievance Office, whose details are as under:-
      Grievance Officer
      Contact details:1800-102-9215
      Email:grievancecell@jobishh.com
    3. The Grievance Officer shall redress the grievances of visitors/users of Jobishh web-site/computer resources, if any, expeditiously but within one month from the date of receipt of grievance.
    4. Jobishh has implemented the principles and salient features of the codes of best practices for data protection for the purpose of compliance with reasonable security practices and procedures.
    5. Further Jobishh shall audit its security practices and procedures on a regular basis through an independent auditor, duly approved by the Central Government as per the prevailing panel prepared by the Government of India. The audit of reasonable security practices and procedures shall be carried out by an auditor once a year.
  12. USERS’ DUTIES and RESPONSIBILITIES
    i. User must identify himself with his real identity, as the author of any electronic message sent to Jobishh and Touching Heights Business Solutions LLP’s network. Users are refrained to usage of anonymous name or engaging in identity theft to communicate with Jobishh and Touching Heights Business Solutions LLP.
  13. TERMINATION/ACCESS RESTRICTION Jobishh reserves the right, in its sole discretion, to terminate users’ access to any or all Jobishh Web-site and related services and Jobishh computers, computer systems, computer networks, computer resources and communication devices or any portion thereof at any time, without notice.
  14. MODIFICATION OF THESE RULES AND REGULATIONS
    I. Jobishh reserves the right to change its rules and regulations at any time of its choice. Users are responsible for regularly reviewing these rules and regulations.
  15. SANCTION
    1. If users believe that a violation of these rules and regulations has occurred, contact the office of Jobishh in person or on email _______________ immediately.
    2. Any person found to have violated or violating these rules and regulations might be subject to appropriate legal action. Users could be made liable for civil or criminal liability including exemplary damages, all under the provisions of the law prevailing for the time being in force, including the amended Information Technology Act, 2000 as well as rules and regulations made thereunder.