User Agreement

  1. Introduction
    1. The User of the web-site www.jobishh.com (hereinafter referred to as “You” or “Your”) must carefully read and review the User Agreement, before using the web-site www.jobishh.com (hereinafter referred to as “website” or “Jobishh”).
    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

    The following definitions apply to this Agreement:

    • "Content" includes all Text, Graphics, Design and Programming used on the website.
    • "Design" includes the color combinations and the page layout of the website. "Programming" includes both client-side code (HTML, JavaScript, etc.) and server-side code (Active Server Pages, VBScript, databases, etc.) used on the website.
    • "Document" refers to any posting to the website, whether a job or a resume.
    • "Graphics" includes all logos, buttons, and other graphical elements on the website, with the exception of paid advertising banners.
    • "Services" means any services provided by Jobishh or its agents.
    • "User" refers to any individual or entity that uses any aspect of the website.
    • "You" or "Your” means the person who (or the entity on behalf of whom you are acting) that is agreeing to the User Agreement.
  3. Use of Service
    1. The present User Agreement covers not just the detailed provisions elaborated herein under but also encompasses the entire content of the Terms and Conditions, Rules and Regulations, and Disclaimer. The entire content of the Terms and Conditions, Rules and Regulations, and Disclaimer shall be read as part and parcel of the present User Agreement and are once again reaffirmed and reiterated and are not repeated here for the sake of brevity.
    2. This User Agreement describes the terms of use under which “You” may use jobishh.com, a service provider offering resume writing and other career auxiliary services, to assist in the better preparation of the user in his quest for a job in the job market (“jobishh.com” or “Website”). These Terms of Use include the Jobishh Privacy Statement which is incorporated into these Terms of Use by reference. By using jobishh.com, you are indicating your acceptance to be bound by these Terms of Use, including the Jobishh Privacy Statement. Please read this page carefully. If ‘You’ do not accept the Terms of Use stated herein, do not use the Website and its services. By using Jobishh.com, you are indicating your acceptance to be bound by the provisions of these Terms of Use. Jobishh.com (“Jobishh” or the “Website”) may revise these Terms of Use at any time by updating this posting. You should visit this page periodically to review the most current Terms because they are binding on ‘You’.
    3. Users who violate these Terms may have their access and use of the Jobishh Sites suspended or terminated, at Jobishh’s discretion.
    4. Further, the user hereby expressly states that he/she has no objection upon any call/SMS/Communication by Jobishh, any third party on its behalf or any other party authorized by Jobishh, communicating to User with regards to Jobishh Services like Job Search, Job Alert, and other Jobishh Career Auxiliary services. Notwithstanding User's registration with National Do Not Call Registry (In Fully or Partly blocked category under National Customer Preference Register set up under Telecom Regulatory Authority of India), User hereby expresses his interest and accords its willful consent to receive communication (including commercial communication) in relation to Jobishh Services. User further confirms that any communication, as mentioned hereinabove, shall not be construed as Unsolicited Commercial Communication under the TRAI guidelines and User has specifically opted to receive communication in this regard on the telephone number provided by the User.
    5. Jobishh does not guarantee that the users 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 highly depend upon the time and effort put into by user and upon their own subject skill sets, personality, education, qualifications and other abilities. Jobishh does not guarantee that following advice on this site or availing resume writing and other career auxiliary services will help user’s career.
    1. Eligibility
      1. You must be 18 years of age or older to visit or use jobishh.com in any manner. By visiting jobishh.com or accepting these Terms of Use. You represent and warrant to the Company that You are 18 years of age or older, and that You have the right, authority and capacity to use the Web Site and agree to and abide by these Terms of Use. You also represent and warrant to the Company that you will use jobishh.com in a manner consistent with any and all applicable laws and regulations.
    2. Jobishh Site Restrictions
      1. Users shall not use any Jobishh Site in order to host, display, upload, modify, publish, transmit, update, distribute, share, store or destroy material, which :-
        1. Is in violation of any applicable law or regulation,
        2. In a manner that will infringe the copyright, trademark, trade secret or other intellectual property or proprietary rights of others or violates the privacy, publicity or other personal rights of others,
        3. That belongs to another person and to which the user does not have any right to,
        4. That is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, threatening, abusive or hateful or racially, ethnically objectionable, disparaging, relating encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever,
        5. Harms minors in any way,
        6. Deceives or misleads the addressee about the origin of such message or communicates any information which is grossly offensive or menacing in nature,
        7. Impersonate another person or entity,
        8. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of Jobishh’s computer systems or site or Jobishh’s users, customer’s computer systems or site,
        9. Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states or of public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or insulting any other nation.
      2. Further, Users are also prohibited from violating or attempting to violate the security of any Jobishh Site, including, without limitation the following activities:-

        1. accessing data not intended for such user or logging into a server or account which the user is not authorized to access;
        2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
        3. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
        4. attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to any Jobishh Site, “overloading”, “flooding”, “spamming”, “mail bombing” or “crashing”.
    3. Your Contributions
      a) You agree to use www.jobishh.com for lawful purposes only and that any information that you provide in connection with, or which forms part of, www.jobishh.com will be, as far as you are aware, true and accurate and will not infringe any copyright or trade mark, or any right of privacy, publicity or personality or any other right, whether registered or unregistered, of any other nature or any person, or be obscene or libelous or blasphemous or defamatory and you agree to indemnify us against all claims, proceedings, damages, liabilities and costs, including legal costs arising out of your breach of this term. We cannot make any assurances about the information or contribution made by any other user and you should exercise caution before acting or otherwise relying upon any information you obtain via www.jobishh.com.
    4. Data Protection
      a) It is your responsibility to ensure that that you give us an accurate and valid e-mail address and other contact details and inform us of any changes to them, however we cannot make any assurances about any other user you may meet using the website www.jobishh.com. We comply with all applicable laws under the Information Technology Act, 2000 and also Information Technology (Reasonable Security Practices and Procedures Sensitive Personal Data or Information) Rules, 2011.
  4. User Acknowledgment
    1. That the user further acknowledges the fact that using the services of Jobishh, the said entities have not made any representation to the user pertaining to the fact that it is either offering any job or guarantying any access to job or ensuring that the subscriber of the service of the said entities shall mandatorily get a job after subscribing to the services of the said entities.
    2. That the user hereby crystal clearly acknowledges, agrees and undertake that he out of his own sweet will and volition and without any outside force, coercion or influence of any kind whatsoever has on his own accord visited the website www.jobishh.com and accepted its terms and conditions.
    3. That the user further agrees that his relationship with the said legal entities shall be totally governed by the terms and conditions as detailed on the website www.jobishh.com which constitute absolute binding electronic contract between the parties. The user further agrees that the terms of the said contract shall prevail over anything in consistent therewith contained in any other communication that may be generated, sent, received or transmitted by any of the parties at any point of time.
    4. The said service has no connection with the ultimate prospects of the user securing a job. The user acknowledges the fact that despite using the services of Jobishh, Jobishh will still not be in a position to guarantee the user to get a job. The user further acknowledges the fact that in today’s competitive world, a person can only get a job based upon his/her own specific expertise, educational qualification, skill sets, exposure to existing ground realities and intrinsic ability to think on his feet and adapt to constantly changing requirements of times, societies and technologies.
    5. Jobishh shall not be liable to you or in breach of this User Agreement for any delay or failure to perform any obligation if the delay or failure is due to a cause beyond our reasonable control including, without limitation, the blocking or restricting of information to and/or from our network.
    6. The user further undertakes not to misuse or otherwise deal, handle or process with the services provided by the Jobishh in any manner. The user further agrees not to use the computers, computer systems, computer networks, computer resources and communication devices and also the data and information in the electronic form of the company in any manner which is contravention of the law prevailing for the time being in force including but not limited to the Indian Information Technology Act, 2000, Indian Penal Code, 1860, Indian Copyright Act, 1957 and the Indian Trade Marks Act, 1999 and such other law that may be applicable to the business operation of the company from time to time.
    7. Same as provided below, we disclaim all and will not be liable in contract, tort (including, without limitation, negligence) or otherwise arising in connection with this User Agreement or the www.jobishh.com for: (i) consequential, indirect or special loss or damage; or (ii) any loss of goodwill or reputation; or (iii) any economic losses (including loss of revenues, profits, contracts, business or anticipated savings), in each case, even if we have been advised of the possibility of such loss or damage and howsoever incurred.
    8. Our maximum liability to you in contract, tort (including, without limitation, negligence) or otherwise arising in connection with this User Agreement is zero.
  5. Governing Laws.
    1. The user hereby acknowledges the fact that Jobishh and Touching Heights Business Solutions LLP are only intermediaries under Section 2(1) (w) of the Information Technology Act, 2000. This is so as Jobishh and Touching Heights Business Solutions LLP are legal entities, who on behalf of their customers, with respect to any particular electronic records, receive, store or transmit the said record as also provide any service with respect to that record. The services that are being provided by Jobishh relate to third party data. Both the aforesaid legal entities, being Jobishh and Touching Heights Business Solutions LLP, provide resume writing and other career auxiliary services, they provide the said services on the networks of computers, computer systems and hence they also become network service providers. The said service is hence provided by both Jobishh and/or our associates in their capacities as intermediaries under the Information Technology Act, 2000.
    2. This is so as the said customer information is third party information within the meaning of Explanation to Section 79 of the Information Technology Act, 2000 as the same deals with the information dealt by Jobishh in their capacities as intermediaries.
    3. That further, both Jobishh and/or our associates have limited function in their capacities as intermediaries which is limited to providing access to a communication system over which information is made available by third party customers is transmitted or temporarily stored or hosted. The user hereby specifically undertakes and agrees that both Jobishh and/or our associates do not initiate the transmission, select the receiver of transmission and select or modify the information contained in the transmission.
    4. That Jobishh has done its documented due diligence as envisaged under the relevant law prevailing for the time being in force. The present services are being offered by the aforesaid legal entities in their capacities as intermediaries on as is where as basis.
    5. Further, the user acknowledges the fact that both Jobishh have done their documented due diligence in the manner as stipulated under the Information Technology Act, 2000 as also Information Technology (Intermediary Guidelines) Rules, 2011.
  6. Compliance with Law
    1. In their use of the Service, Users agree to comply with all applicable laws for the time being in force. That the user further agrees that the aforesaid intermediaries are strictly complying with the provisions of the Information Technology Act, 2000 and any other law prevailing for the time being in force.
    2. That both the aforesaid entities have complied with the parameters of due diligence as detailed under the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines) Rules, 2011.
  7. Indemnity.
    1. The User agrees to indemnify Jobishh and its directors, employees and agents against any third party claim, action, suit or proceeding resulting from his use of the Services herein or arising out of the Content submitted, posted, transmitted or otherwise made available by the User while using the web-site, or use of the web-site by the User in violation of these terms and conditions or violation of any third party rights by the User.
    2. Users agree to defend, indemnify and hold harmless Jobishh, its owners, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, but not limited to attorney's fees) arising from:

      1. any User's use of and access to the Service, including losses caused by any unauthorized use of their accounts,
      2. any User's violation of any term of these Terms,
      3. any User's violation of any third-party right, including without limitation any copyright, property, or privacy right, or
      4. any claim that User-published Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and Users' use of the Service,
      5. further, if any user fails to secure a job or fails in getting a job.
    3. Miscellaneous
      1. Jurisdiction.
        a) Any Dispute between Users and Jobishh shall be subject to the exclusive jurisdiction in Delhi/New Delhi. Further all the disputes arising between the User and Jobishh are to be governed by and construed in accordance with the laws of India.
      2. Limitations of Liability.
        a) USERS AND JOBISHH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE YEAR AFTER THE ALLEGED CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. FURTHER JOBISHH CANNOT GUARANTEE THAT USER WILL GET AN INTERVIEW OR A JOB BY USING THE INSTRUCTIONS PROVIDED ON THIS SITE OR BY AVAILING RESUME WRITING AND OTHER CAREER AUXILLIARY SERVICES. THE USER’S SUCCESS WILL HIGHLY DEPEND UPON THE TIME AND EFFORT PUT INTO BY USER AND UPON THEIR SUBJECT SKILL SETS, PERSONALITY, EDUCATION, QUALIFICATIONS AND OTHER ABILITIES. JOBISHH DOES NOT GUARANTEE THAT FOLLOWING ADVICE ON THIS SITE OR AVAILING RESUME WRITING AND OTHER CAREER AUXILLIARY SERVICES WILL HELP THE USERS CAREER. 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. JOBISHH DOES NOT ACCEPT ANY RESPONSIBILITY FOR ANY LOSS WHICH MAY ARISE FROM RELIANCE ON INFORMATION CONTAINED ON THIS SITE.
      3. Entire Agreement.
        a) These Terms, together with the Disclaimer, the Privacy Policy, Terms and Conditions, Rules and Regulations and any other legal notices published by Jobishh on the Service, shall constitute the entire agreement between Users and Jobishh concerning the Service.
      4. Waiver and Severability.
        1. No waiver of any term of this these Terms shall be deemed a further or continuing waiver of such term or any other term, Jobishh's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
        2. I acknowledge that the usage of the website www.jobishh.com as also Jobishh services is subject to various Terms and Conditions. Terms and Conditions.
        3. I have gone through the aforesaid Terms and Conditions and out of my own will and volition voluntarily and consciously give my complete unequivocal consent to the said provisions of the Terms and Conditions.
        4. That www.jobishh.com also has in place various Rules and Regulations specifying the parameters for usage of its various computers, computer systems, computer networks, computer resources, communication devices and computer platforms as also its services.
        5. I have gone through the aforesaid Rules and Regulations and out of my own will and volition voluntarily and consciously give my complete unequivocal consent to the said provisions of the Rules and Regulations.
        6. That www.jobishh.com has also got in place its detailed Disclaimer which disclaims the liability of www.jobishh.com and also Touching Heights Business Solutions LLP. INSERT DISCLAIMER
        7. I have gone through the aforesaid Disclaimer and out of my sweet will and volition voluntarily and consciously give my complete unequivocal consent to the said provisions of the Disclaimer.
        8. I have gone through the entire aforesaid Agreement and I completely agree to the contents of the same. I am aware of the fact that the User ID along with the user's Internet Protocol Address along with date and time stamp is captured by the company as a proof of acknowledgment of the user's consent to the various provisions of the Terms and Conditions, Rules and Regulations, Disclaimer and User Agreement.
        9. I certify that the aforesaid consent has been given after reading the detailed parameters of the various documents detailed above, after examining and understanding the ambit, scope and applicability of the said provisions and after acknowledging and consenting to the said provisions detailed in the Terms and Conditions, Rules and Regulations, Disclaimer and User Agreement.
        10. I further agree and undertake that I shall at no point of time in the future ever resile from the consent of terms of the various documents detailed above.
        11. I further acknowledge that the present agreement is a free and fair agreement that has been entered into between myself and the website www.jobishh.com, Jobishh and also Touching Heights Business Solutions LLP.
        12. By clicking on “I Accept” button, the user hereby gives complete, absolute and unequivocal consent to the aforesaid provisions of the present User Agreement, Terms and Conditions, Rules and Regulation and Disclaimer of the website www.jobishh.com and also Touching Heights Business Solutions LLP, I fully undertake to comply with all the above terms and undertake to be bound by the said terms. I further undertake that I shall never at any point of time ever challenge the giving of my consent to the aforesaid User Agreement, Terms and Conditions, Rules and Regulation and Disclaimer as the same has been entered into by my own free will and volition, my consent without any outside force, coercion or influence of any kind whatsoever.